REVISED PENAL CODE

BOOK II
Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
WHO ARE PUBLIC OFFICERS?
 Taking part in the performance of public functions in the
government, or performing in said Government or in any
of its branches public duties as an employee, agent,
subordinate official, of any rank or class; and

 That his authority to take part in the performance of

public functions or to perform public duties must be:
 By direct provision of law;
 By popular election;
 By appointment by competent authority.
 Distinction
 PUBLIC OFFICER  PERSON IN
 Any person who takes AUTHORITY
part in the performance  Any person directly
of public functions in the vested with jurisdiction,
government. whether as an individual
or as a member of some
court or governmental
corporation, board, or
commission.
Examples of Persons in Authority.

 Division
Superintendent of Schools ( People v.
Benitez GR No. 48396, September 11, 1949).

 Teacher(Sarcepuedes v. People GR No. L-

3857, October 22, 1951).
 Article 208. Prosecution of
offenses; negligence and
tolerance.
 Punishable Acts:

 By maliciously refraining from instituting

prosecution against violators of the law; and
 By maliciously tolerating the commission of a
crime.
 Article 210. Direct bribery 
 Punishable Acts
1. Any public officer who shall agree to
perform an act constituting a crime,
in connection with the performance of
this official duties, in consideration of
any offer, promise, gift or present
received by such officer, personally or
through the mediation of another.
2. If a public officer accepts a gift in
consideration of the execution of an act which
does not constitute a crime, and the officer
executed said act, in connection with the
performance of his official duty.

3. By agreeing to refrain, or by refraining, from

doing something which it is his official duty to
do, in consideration of a gift or promise.
 Article 212. Corruption of
public officials.
 ELEMENTS:
1. The offender offers/promises; or give
gifts or presents; and
2. That the offers or promise are made or
the gifts or presents given to a public
officer, under circumstances that will
make the public officer liable for direct
bribery or indirect bribery.
Article 213. Frauds against the
public treasury and similar
offenses.
 In his official capacity, in dealing with any
person with regard to furnishing supplies,
the making of contracts, or the adjustment
or settlement of accounts relating to public
property or funds, shall enter into an
agreement with any interested party or
speculator or make use of any other
scheme, to defraud the Government;
 Being entrusted with the collection of taxes,
licenses, fees and other imposts, shall be guilty or
any of the following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of

sums different from or larger than those
authorized by law.
(b) Failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him
officially.
(c) Collecting or receiving, directly or indirectly, by
way of payment or otherwise things or objects of a
nature different from that provided by law.
 Article 217. Malversation of
public funds or property. 
 Punishable Acts
 By appropriating public funds or property.
 By consenting, or through abandonment or
negligence, permitting any other person to take
such public funds or property.
 By taking or misappropriating the same;
 By being otherwise guilty of the misappropriation
or malversation of such funds or property.
 CUSTODY – it means guarding or keeping safe; care.

 ACCOUNTABLE OFFICER – A public officer who, in the

discharge of his office, receives money or property of the
government which he is bound to later account for. It is
the nature of the duties of, not the nomenclature used for,
or the relative significance of the title to, the position
which controls in the determination. (Tanggote v.
Sandiganbayan, GR No. 103584, September 2, 1994).

 Funds or property must be received in official capacity.

Hence, if the public officer had no authority to receive the
money and he misappropriated the same, the crime is
ESTAFA, not malversation. ( US v. Solis GR No. L-2828,
December 14, 1906).
 What is an example of public fund?

Maintenance and Other Operating Expenses

(MOOE) funds.
What is an example of Public Property?

Government vehicles, personal computers

laptops, even papers or supplies furnished
to our respective offices.
 Prima facie presumption of
misappropriation.
 The failure of a public officer to have duly
forthcoming any public funds or property
with which he is chargeable, upon demand
by any duly authorized officer, shall be
prima facie evidence that he has put such
missing funds or property to personal use.
 Good faith is a defense. In malversation
NOT committed through negligence, lack
of criminal intent or good faith is a
defense.
 Restitution is only a mitigating
circumstance.
 Damage to the government is not
necessary.
 Article 218. Failure of
accountable officer to render
accounts. 
 Elements
 That the offender is a public officer, whether
in the service or separated therefrom;
 The he must be an Accountable officer for
public funds or property.
 That he is required by law or regulation to
render accounts to the COA, or to a
provincial auditor.
 That he fails to do so for a period of Two
months after such accounts should be
rendered.
 Article 219. Failure of a
responsible public officer to render
accounts before leaving the
 Elements: country. 
 That the offender is a public officer.
 The he must be an accountable officer for
public funds or property.
 That he must have unlawfully left (or be on
the point of leaving), the Philippines without
securing from the Commission on Audit a
certificate showing that his accounts have
been finally settled.
 Article 220. Illegal use of
public funds or property.
 This is also referred to as TECHNICAL
MALVERSATION.
 Elements:
 That the offender is a public officer.
 That such public fund or property has been
appropriated by law or ordinance; and
 That there is a public fund or property under his
administration.
 That he applies the same to a public use OTHER than
that for which such fund or property has been
appropriated by law or ordinance.
 Article 221. Failure to make
delivery of public funds or
property. 
 Punishable Acts:
 By failing to make payment by a public officer
who is under obligation to make such
payment from Government funds in his
possession; and
 By refusing to make delivery by a public
officer who has been ordered by competent
authority to delivery any property in his
custody or under his administration.
Section Two. - Infidelity in the
custody of document
 Article 226. Removal, concealment or
destruction of documents:

 That the offender is a public officer who is officially

entrusted with the documents or papers can be
held liable under Art. 226.
 That he REMOVES, CONCEALS, DESTROYS
documents or papers.
 That the said documents or papers should have
been entrusted to such public officer by reason of
his office; and
 That damage, whether serious or not, to a third
party or to the public interest should have been
caused.
 The crime of removal of public document in
breach of official trust is consummated upon its
removal or secreting away from its usual place in
the office and after the offender had gone out
and locked the door, it being immaterial whether
he has or has not actually accomplished the illicit
purpose for which he removed said document.
(Kataniag v. People GR No. 48398, November
28, 1942).
Article 228. Opening of closed
documents. 
 Elements:
 That the offender is a public officer.
 He is entrusted with the custody of Closed
papers, documents, or object;
 He opens or permits the same to be opened
without proper authority.
 Article 229. Revelation of
secrets by an officer. 
 Punishable Acts:
 Revealing any secret known to the offending
public officer by reason of his official capacity.
 Delivering wrongfully papers or copies of
papers of which he may have charge and
which should not be published.
 Article 230. Public officer
revealing secrets of private
individual. 
 ELEMENTS:
 The offender is a public officer;
 That he knows of the secrets of a private
individual by reason of his office;
 That he reveals such secrets without authority
or justifiable reason.
 Article 231. Open
disobedience. 
 ELEMENTS:
 The offender is a judicial or executive officer;
 That there is a judgment, decision, or order of a
superior authority.
 That such judgment, decision, or order was made
within the scoope of the jurisdiction of the superior
authority and issued with all legal formalities; and
 The offender without any legal justification openly
reuses to execute said judgment, decision or order,
which he is duty bound to obey.
 Article 233. Refusal of
assistance.
 Damage to public interest is essential.
 If the offender is a private individual, he may be
held liable for contempt.
 The public officer must have the official duty to
render assistance. To be liable for refusal of
assistance, the public officer must have the
obligation, by reason of his office, to render
assistance in the administration of justice or
other public service.
 Article 238. Abandonment of
office or position. 
 ELEMENTS:
 That the offender is a public officer.
 That he formally resigns from his position;
There must be a formal or written resignation.
 That his resignation has not yet been
accepted;
 That he abandons his office to the detriment
of the public service.