203 Flashcards
1
Q
A public officer is one who:
A
- Takes part in the Performance of public functions in the government;
- Performs in said government or in any of its branches public duties as an Employee, Agent or Subordinate official, of any rank or class; and
- His authority to take part in the performance of public functions or to perform public duties must be:
a. By direct provision of the Law;
b. By popular Election; or
c. By Appointment by competent authority
2
Q
Malfeasance
A
The performance of an act which ought not to be done.
3
Q
Misfeasance
A
Improper performance of some act which might lawfully be done.
4
Q
Nonfeasance
A
Omission of some act which ought to be performed.
5
Q
[Art. 204]
A
[JSUK]
6
Q
[Art. 205]
A
[JSMN]
7
Q
Article 206 – Unjust Interlocutory Order
A
- Offender is a Judge; and 2. He performs any of the following acts: a. Knowingly rendering an unjust interlocutory order or decree; or b. Rendering a Manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.
8
Q
Article 207 – Malicious Delay in the Administration of Justice
A
- Offender is a Judge;
- There is a Proceeding in his court;
- He Delays in the administration of justice; and
- The delay is Malicious, that is, with deliberate intent to inflict damage on either party in the case.
9
Q
Article 208 – Prosecution of Offenses; Negligence and Tolerance
A
Punishable Acts [RT]:
1. Maliciously Refraining from instituting prosecution against violators of the law; or
2. Maliciously Tolerating the commission of offenses.
10
Q
2 modes of art 208
A
- Dereliction of duty: knowing the commission of the crime, he does Not cause the prosecution of the criminal
- Dereliction of duty: knowing that a crime is about to be committed, he Tolerates its commission
11
Q
Article 209 – Betrayal of Trust by an Attorney or a Solicitor – Revelation of Secrets
A
Punishable Acts [DRO]:
1. Causing Damage to his client, either:
2. Revealing any of the secrets of his client learned by him in his professional capacity;
a. By any malicious breach of professional duty;
b. By inexcusable negligence or Ignorance.
3. Undertaking the defense of the Opposing party in the same case, without the consent of his first client,
a. After having undertaken the defense of said first client, or
b. After having received confidential information from said client.
12
Q
Article 210 – Direct Bribery
A
Punishable Acts [CER]:
1. Agreeing to perform/performing, in consideration of any offer, promise, gift, or present – an act constituting a Crime in connection with the performance of his official duty
2. Accepting a gift in consideration of the Execution of an act which does not constitute a crime, in connection with the performance of his official duty
3. Agreeing to Refrain/refraining from doing something in his official duty in consideration of a gift or promise.
13
Q
Article 210 – Direct Bribery Elements:
A
- Offender is a Public officer under Article 203
- Mode 1: Agreeing to commit/ committing a Crime [PACD] Mode 2: Execution of an Act that is unjust but is not a crime [PAUD] must be capable of pecuniary estimation.Mode 3: Agreeing to refrain/refraining from doing his duty [PARD]
- The act which offender agrees to perform or which he executes be connected with the performance of his official Duties
14
Q
Article 211 – Indirect Bribery
A
- Offender is a Public officer; 2. He accepts Gifts; 3. Gifts are offered to him by reason of his Office.
15
Q
. Article 211-A – Qualified Bribery Elements
A
- Offender is a public officer entrusted with Law enforcement; 2. He refrains from Arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death; 3. Offender refrains from arresting or prosecuting in Consideration of any offer, promise, gift, or present.
16
Q
Corruption of Public Officials Elements [OB]:
A
- Offender makes Offers or promises or gives gifts or presents to a public officer; and 2. Offers or promises 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.
17
Q
a. Article 213 – Fraud Against the Public Treasury and Similar Offenses
A
- Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the government, 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;
- Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in collection of taxes, licenses, fees, and other imposts;
- Failing voluntarily to issue a Receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees and other imposts;
- Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees and other imposts
18
Q
Article 214 – Other Frauds
A
Elements [PACo]: 1. Offender is a Public officer; 2. He takes Advantage of his official position; and 3. He Commits any of the frauds or deceits enumerated in Article 315 to 318 (estafa, other forms of swindling, swindling a minor, other deceits).
19
Q
c. Art. 215 – Prohibited Transactions
A
Elements [AIIJ]: 1. Offender is an Appointive public officer; 2. He becomes Interested, directly or indirectly, in any transaction of exchange or speculation; 3. He becomes interested during his Incumbency; and 4. Transaction takes place within the territory subject to his Jurisdiction;
20
Q
a. Article 217 – Malversation of Public Funds or Property - Presumption of Malversation
A
- Appropriating public funds or property;
- Taking or misappropriating the same;
- Consenting, or through abandonment or negligence, Permitting any other person to take such public funds or property; and
- Being otherwise guilty of the Misappropriation or malversation of such funds or property through abandonment or negligence, permitted another person to take them.
21
Q
Private persons may also commit malversation. Such as when a private person: [CoA-CuD]
A
- Acts in Conspiracy with a public officer in committing malversation;
- Has become an Accomplice or accessory to a public officer who commits malversation;
- Is made the Custodian in whatever capacity of public funds or property
- Is constituted as the Depositary or administrator of funds or property seized or attached by public authority even though said funds or property belong to a private individual [Article 222, Revised Penal Code].
22
Q
Article 218 – Failure of Accountable Officer to Render Accounts Elements [PART]:
A
- Offender is Public officer, whether in the service or separated therefrom by resignation or any other cause; 2. He is an Accountable officer for public funds or property; 3. He is Required by law or regulation to render account to the Commission on Audit, or to a provincial auditor; 4. He fails to do so for a period of Two months after such accounts should be rendered.
23
Q
Article 219 – Failure of a Responsible Public Officer to Render Accounts Before Leaving the Country Elements [PAU]:
A
- Offender is a Public officer; 2. He is an Accountable officer for public funds or property; 3. He Unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Commission on Audit showing that his accounts have been finally settled.
24
Q
Article 220 – Illegal Use of Public Funds or Property * Also known as Technical Malversation
A
Elements [P-PAO]: 1. Offender is a Public officer; 2. There are Public funds or property under his administration; 3. Such fund or property were Appropriated by law or ordinance; 4. He applies such public fund or property to any public use Other than for which it was appropriated for.
25
Article 221 - Failure to Make
Delivery of Public Funds or Property
Mode 1: Failing to Make Payment [PPM]
1. Public officer has government funds in his possession
2. Obligation to make
Payment from such
funds
3. Maliciously fails to perform the obligation
Mode 1: Failing to Make Payment [PPM]
1. Public officer has government funds in his possession
2. Obligation to
Deliver any property
in his custody or
under his
administration
3. Maliciously fails to perform the obligation
26
Article 222 – Officers Included in the
Preceding Provisions
Officers Include:
1. Private individuals who, in any
capacity, have charge of any national,
provincial or municipal funds, revenue,
or property
2. Administrator or depositary of funds
or property that has been attached,
seized or deposited by public
authority, even if owned by a private
individual.
27
Article 223 – Conniving With or
Consenting to Evasion
Elements [P-CEC]:
Elements [P-CEC]:
1. Offender is a Public officer;
2. He had in his Custody or charge a
prisoner, either detention prisoner or
prisoner by final judgment;
3. Such prisoner Escaped from his
custody;
4. He was in Connivance with the
prisoner in the latter’s escape. (“shall
consent to the escape”)
28
b. Article 224 – Evasion through
Negligence
Elements [P-CoN]:
1. Offender is a Public officer;
2. He is charged with the Conveyance or
custody of a detention prisoner or
prisoner by final judgment;
3. Such prisoner escapes through
Negligence
29
Article 226 – Removal,
Concealment, or Destruction of
Documents
Elements [P-ReDeCo-ED]:
1. Offender is a Public officer;
2. He Removes, Destroys or Conceals a
document or papers;
3. Said document or papers should have
been Entrusted to such public officer by
reason of his office;
4. Damage, whether serious or not, to a
third party or to the public interest has
been caused.
30
Article 227 – Officer Breaking Seal
1. Offender is a Public officer;
2. He is charged with the Custody of
papers or property;
3. These papers or property are Sealed
by proper authority;
4. He Breaks the seal or permits them to
be broken.
31
Article 228 – Opening of Closed
Documents
Elements [PCON]:
Elements [PCON]:
1. Offender is a Public officer;
2. Any Closed papers, documents, or
objects are entrusted to his custody;
3. He Opens or permits to be opened said
closed papers, documents or objects; 4. He does Not have proper authority
32
Article 229 – Revelation of Secrets
by an Officer
Mode 1: Revelation of Secrets [P-SRD]
1.Offender is a Public officer
2. He knows of a
Secret by reason of
his official capacity
Secrets must affect
public interest. If
the secret revealed
does not involve
public interest, no
crime is committed.
Secrets of private
individuals are not
included. [Art. 229,
Revised Penal Code;
REYES, Book 2]
3. He Reveals such
secret without
authority or
justifiable reasons
4. There is Damage to public interest
Mode 1: Revelation of Secrets [P-SRD]
1.Offender is a Public officer
2. He has charge of
Papers which should
not be published
Custody Required
“Charge” - means
custody or control. If
he is merely
entrusted with the
papers and not with
the custody thereof,
he is not liable under
this article.
3. He Wrongfully
delivers those
papers or copies
thereof to a third
person
4. There is Damage to public interest
Mode 2: Wrongful
delivery of papers
[P-PWD]
1.Offender is a Public officer
2. He knows of a
Secret by reason of
his official capacity
Secrets must affect
public interest. If
the secret revealed
does not involve
public interest, no
crime is committed.
Secrets of private
individuals are not
included. [Art. 229,
Revised Penal Code;
REYES, Book 2]
2. He has charge of
Papers which should
not be published
Custody Required
“Charge” - means
custody or control. If
he is merely
entrusted with the
papers and not with
the custody thereof,
he is not liable under
this article.
3. He Reveals such
secret without
authority or
justifiable reasons
3. He Wrongfully
delivers those
papers or copies
thereof to a third
person
4. There is Damage to public interest
32
Article 230 – Public Officers
Revealing Secrets of Private
Individuals
Elements [PSR]:
Elements [PSR]:
1. Offender is a Public officer;
2. He knows of the Secrets of a private
individual by reason of his office;
3. He Reveals such secrets without
authority or justifiable reason.
32
Article 231 – Open Disobedience Elements [Je-JWR]:
1. Officer is a Judicial or executive officer;
2. There is a Judgment, decision or order
of a superior authority;
3. Such judgment, decision or order was
made Within the scope of the
jurisdiction of the superior authority and
issued with all the legal formalities;
4. He openly Refuses to execute the said
judgment, decision or order, which he
is duty bound to obey without any legal
justification.
33
Article 232 – Disobedience to the
Order of Superior Officer When Said
Order Was Suspended by Inferior
Officer
Elements [PES-DiDi]:
lements [PES-DiDi]:
1. Offender is a Public officer;
2. An order is issued by his superior for
Execution;
3. He Suspended the execution of such
order;
4. His superior Disapproves the
suspension of the execution of the
order; and 5. Offender Disobeys his superior despite
the disapproval of the suspension.
34
Article 233 – Refusal of Assistance
Elements [P-CoM]:
ements [P-CoM]:
1. Offender is a Public officer;
2. A competent authority demands from
the offender that he lend his
Cooperation towards the
administration of justice or other public
service;
3. Offender Maliciously fails to do so
35
Article 234 – Refusal to Discharge
Elective Office
Elements [ERL]:
1. Offender is elected by popular Election
to a public office;
2. He Refuses to be sworn in or to
discharge the duties of said office;
3. There is no Legal motive for such
refusal to be sworn in or to discharge
the duties of said office.
36
Article 235 – Maltreatment of
Prisoners
Elements [PCM]:
Elements [PCM]:
1. Offender is a Public officer or
employee;
2. He has under his Charge a prisoner or
detention prisoner;
3. He Maltreats such prisoner by
overdoing himself in the correction or
handling of a prisoner or detention
prisoner under his charge by:
a. Imposition of punishment not
authorized by the regulations;
b. Inflicting such punishments
(those authorized) in a cruel
and humiliating manner.
c. Maltreating such prisoners to
extort a confession or to obtain
some information from the
prisoner.
37
Article 236 – Anticipation of Duties
of a Public Officer
Elements [ESAN]:
1. Offender is Entitled to hold a public
office or employment, either by election
or appointment;
2. The law requires that he should first be
Sworn in and/or should first give a
bond;
3. He Assumes the performance of the
duties and powers of such office; and
4. He has Not taken his oath of office
and/or given the bond required by law
38
Article 238 – Abandonment of Office
or Position
Elements [PRNA]:
1. Offender is a Public officer;
2. He formally Resigns from his position;
3. His resignation has Not yet been
accepted; and
4. He Abandons his office to the
detriment of public service.
39
Article 239 – Usurpation of
Legislative Powers
Elements [EJ-MAS]:
1. Offender is an Executive or Judicial
officer, who encroaches upon the
powers of the Legislative branch by:
a. Making General Rules or
regulations beyond the scope
of his authority; or
b. Attempting to repeal a law; or
c. Suspending the execution
thereof.
40
Article 240 – Usurpation of
Executive Functions
1. Offender is a Judge;
2. That he:
a. Assumes a power pertaining to
the executive authorities, or
b. Obstructs the executive
authorities in the lawful
exercise of their powers.
41
Article 241 – Usurpation of Judicial
Functions
Elements [Ex-AO]:
1. Offender is an officer of the Executive
branch;
2. That he:
a. Assumes judicial powers, or
b. Obstructs the execution of any
order or decision rendered by
any judge within his jurisdiction.
42
Article 242 – Disobeying Request for
Disqualification
1. Offender is a Public officer;
2. A proceeding is Pending before such
public officer;
3. There is a Question brought before the
proper authority regarding his
jurisdiction, which is not yet decided;
4. He has been lawfully required to
Refrain from continuing the
proceeding;
5. He Continues the proceeding.
43
Article 243 – Orders or Request by
Executive Officer to Any Judicial
Authority
Elements:
1. Offender is an Executive officer;
2. He addresses any order or suggestion
to any Judicial authority;
3. The order or suggestion relates to any
case or business coming within the
exclusive Jurisdiction of the courts of
justice.
44
Article 244 – Unlawful
Appointments Elements:
1. Offender is a Public officer;
2. He Nominates or appoints a person to
a public office;
3. Such person Lacks the legal
qualifications therefore;
4. Offender Knows that his nominee or
appointee lacks the qualification at the
time he made the nomination or
appointment.
44
o. Article 245 – Abuses Against
Chastity
Mode 1:
Soliciting
to a
woman
interested
in
pending
matters
[PSP]
1. Offender is a Public officer
2. He Solicits or makes immoral or indecent
advances to a woman
3. Woman
is
interested
in matters
Pending
before the
offender
for
decision,
or with
respect to
which he is
required to
submit a
report to or
consult with a superior
Mode 2:
Soliciting to a
woman
under
offender’s
custody
[PSC]
1. Offender is a Public officer
2. He Solicits or makes immoral or indecent
advances to a woman
3. Woman is
under the
Custody of the
offender who
is a warden or
other public
officer directly
charged with
the care and
custody of
prisoners.
Mode 3:
Soliciting to
wife/
daughter/
sister/
relative of
person in
custody
[PSR]
1. Offender is a Public officer
2. He Solicits or makes immoral or indecent
advances to a woman
3. Woman is
the wife,
daughter,
sister or
Relative
within the
same degree
by affinity of
the person in
the custody
of the
offender
44
Article 246 – Parricide
a. Legitimate/illegitimate Father
b. Legitimate/illegitimate Mother
c. Legitimate/illegitimate Child
(should not be less than 3 days
old, otherwise crime is
infanticide)
d. Other legitimate Ascendant
e. Other legitimate Descendant
f. Legitimate Spouse
45
Parricide shall not be punished by
reclusion perpetua to death in the
following cases:
1. Reckless or simple imprudence [Art.
365]
2. Parricide by mistake [Art. 49]
3. Parricide under exceptional
circumstances [Art. 247]
46
Article 247 – Death or Physical
Injuries Under Exceptional
Circumstances
This article does not define a felony, rather it
serves as a defense for a person charged with
parricide, homicide or serious physical injuries.
General Rule: If all the requisites have been
met, the defendant will be sentenced to
destierro instead of the severe penalty for the
aforementioned crime [People v. Araquel, G.R.
No. L-12629].
Exception: If less serious or slight physical
injuries are inflicted, there is no criminal
liability. [Id]
When Article 247 does not apply: [BM]
1. If the surprising took place Before any
actual sexual intercourse could be
done.
2. If the daughter is Married.
1. A legally Married person, or a parent,
surprises the following in the act of
sexual intercourse with another
person:
a. His Spouse or;
b. His Daughter, the latter under
18 years of age and living with
him;
2. He or she Kills any or both of them, or
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter;
3. He has not Promoted or facilitated the
prostitution of his wife or daughter, or
that he or she has not consented to the
infidelity of the other spouse.
47
Article 248 – Murder Elements: [KAC-TCICPC-N]
Element of Intent to Kill
General Rule: Offender must have intent to kill
to be liable for murder.
Exception: In murder qualified by treachery, it
is required only that there is treachery in the
attack, hence, there is murder even if offender
has no intent to kill the person assaulted.
1. Person was Killed;
2. Accused killed him;
3. Killing was attended by any of the
following qualifying Circumstances:
a. With Treachery, taking
advantage of superior strength,
aid of armed men, or
employing means to weaken
the defense, or of means or
persons to insure or afford
impunity;
b. In Consideration of a price,
reward or promise;
c. By means of Inundation, fire,
poison, explosion, shipwreck,
stranding of a vessel,
derailment or assault upon a
railroad, fall of an airship, by
means of motor vehicles, or
with the use of any other
means involving great waste
and ruin;
d. On occasion of any of the
Calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a
volcano, destructive cyclone,
epidemic, or any other public
calamity;
e. With evident Premeditation;
f. With Cruelty, by deliberately
and inhumanly augmenting the
suffering of the victim, or
outraging or scoffing at his
person or corpse.
4. Killing is Not parricide or infanticide.
48
Article 249 – Homicide
Elements: [KJ-IQ]
1. Person was Killed;
2. Offender killed him without any
Justifying circumstances;
3. Offender had the Intention to kill
4. Killing was not attended by any of the
Qualifying circumstances of murder, or
by that of parricide or infanticide
49
Article 251 - Death Caused in
Tumultuous Affray
Elements: [SGQKAI]
1. There are Several persons;
2. They do not compose Groups
organized for the common purpose of
assaulting and attacking each other
reciprocally;
3. These several persons Quarreled and
assaulted one another in a confused
and tumultuous manner;
4. Someone was Killed in the course of
the affray;
5. It cannot be Ascertained who actually
killed the deceased; and
6. The person or persons who inflicted
serious physical injuries or who used
violence can be Identified.
50
Article 252 - Physical Injuries
Caused in Tumultuous Affray Elements: [TSIK]
1. There is a Tumultuous affray;
2. A participant or some participants
thereof Suffered serious physical
injuries or physical injuries of a less
serious nature only;
3. Person responsible cannot be
Identified; and
4. All those who appear to have used
violence upon the person of the
offended party are Known.
51
Article 253 - Giving Assistance to
Suicide
Modes: [AL]
1. Assisting another to commit suicide,
whether the suicide is consummated or
not;
2. Lending his assistance to another to
commit suicide to the extent of doing
the killing Himself.
52
Article 254 - Discharge of Firearms
Elements: [DN]
1. Offender Discharges a firearm against
or at another person.
2. Offender has No intention to kill that
person.
53
Article 255 – Infanticide
Elements: [C-3]
1. Child was killed by the accused;
2. Deceased child was less than 3 days
old (72 hours).
54
Article 256 - Intentional Abortion
Elements: [PVi-DI]
1. There is a Pregnant woman;
2. Violence is exerted, or drugs or
beverages administered, or that the
accused otherwise acts upon such
pregnant woman;
3. As a result of the above acts, the fetus
Dies, either in the womb or after having
been expelled therefrom; and
4. Abortion is Intended.
55
Article 257 - Unintentional Abortion
Elements: [PVID]
1. There is a Pregnant woman;
2. Violence is used upon such pregnant
woman without intending an abortion;
3. The violence is Intentionally exerted;
4. Result of violence – fetus Dies, either
in the womb or expelled therefrom
56
Article 258 - Abortion Practiced by
the Woman Herself or by Parents
1. There is a Pregnant woman who
suffered an abortion;
2. Abortion is Intended;
3. Abortion is Caused by –
a. Pregnant woman Herself;
b. Any other person, with her
Consent; or
c. Any of her Parents, with her
consent for the purpose of
concealing her dishonor.
57
Article 259 - Abortion by a
Physician or Midwife and Dispensing
of Abortives
Persons Liable
1. Physician or midwife who, taking
advantage of their scientific knowledge
or skill, shall cause an abortion or
assist in causing an abortion.
2. A pharmacist who, without proper
prescription from a physician, shall
dispense any abortive. [Art. 259,
Revised Penal Code]
