Crimes Committed By Public Officers

Question 1

What are the ELEMENTS of a Public Officer?

Answer 1

1. Take part in the performance of public functions in the government, or performing in said government or any of its branches public duties as an employee, agent, or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public duties must be derived from:

A. A direct provision of the law.

B. Popular Election.

C. An appointment by competent authority.

Question 2

What are the ELEMENTS of Art. 204 “Knowingly rendering unjust judgement”?

Answer 2

1. The offender is a JUDGE.
2. He renders a judgement in a case submitted to him for decision.
3. The judgement is UNJUST.
4. He knew that said judgement is unjust.

Question 3

What are the ELEMENTS of Art. 206 “Unjust interlocutory order”?

Answer 3

1. That the offender is a judge.
2. That he performs any of the following acts:
   A. He knowingly renders an unjust interlocutory order or decree; OR

B. He renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.

Question 4

What is an Interlocutory Order?

Answer 4

It is an order that does not dispose of a case completely, but leaves something more to be done on its merits.

Question 5

What are the ELEMENTS of Art. 208 “Prosecution of offenses; Negligence and tolerance”?

Answer 5

1. The offender is a Public Officer or Officer of the Law who has a duty to cause the prosecution or to prosecute offenses;
2. There is dereliction of the duties of his office; that is, knowing the commission of the crime, he does not cause the prosecution of the criminal, or knowing that a crime is about to be committed he tolerates its commission; and
3. The offender acts with malice and deliberate intent to favor the violator of the law.

Question 6

How may Art. 209 “Betrayal of trust by an attorney or solicitor” be committed?

Answer 6

1. Prejudice his client by malicious breach of professional duty or through inexcusable negligence or ignorance.
2. Reveal any of the secrets of the latter learned by him in his professional capacity.
3. After having undertaken the defense of a client or having received confidential information from said client in a case, undertake the defense of the opposing party in the same case, without the consent of his first client.

Question 7

What are the ELEMENTS of Art. 210 “Direct Bribery”?

Answer 7

1. The offender is a Public Officer;
2. The offender accepts an offer or promise or receives a gift or present by himself or through another;
3. Such offer or promise be accepted or gift or present be received by the public officer with a view to committing some crime, or in consideration of the execution of an act which does not constitute a crime but the must be unjust, or to refrain from doing something which it is his official duty to do; and
4. The act which the offender agrees to perform or which he executes is connected with the performance of his official duties.

Question 8

How is Art. 211 “Indirect bribery” committed?

Answer 8

1. There is usually no agreement between the Public Officer and the giver of gift or present.
2. It is not necessary that the officer should do any particular act or even promise to do an act, as it is enough that he accepts gifts offered to him by reason of his office.

Question 9

When is Bribery QUALIFIED?

Answer 9

When an OFFICER refrains from arresting or prosecuting an offender who has committed a crime punishable by Reclusion Perpetua (or Death) in consideration of an offer, promise, gift or present.

Question 10

Who is Art. 212 “Corruption of Public Officials” committed?

Answer 10

It committed by any person who shall make the offers or promises or give gifts or presents to a public officer.

Question 11

What is FRAUD? And what is involved in the agreement or scheme to defraud the government?

Answer 11

It is wrongful or criminal deception intended to result in financial or personal gain.

Schemes or Agreements:
1. Furnishing of supplies,

2. Making of contracts,
3. The adjustment or settlement of accounts relating to public property or funds.

Question 12

What are the REQUISITES for the application of Art. 214 “Other Frauds”?

Answer 12

1. The accused must be a Public Officer.
2. He committed any of the following crimes:
   a. Swindling or Estafa (Art. 315)
   b. Other Forms of Swindling (Art. 316)
   c. Swindling a Minor (Art. 317)
   d. Other Deceits (Art. 318)

3.He took advantage of his Public Position.

Question 13

What are the ELEMENTS of Art. 215 “Prohibited Transactions”?

Answer 13

1. The offender is an appointive public officer.
2. He becomes interested, directly or indirectly, in any transaction of speculation or exchange.
3. The transactions take place within the territory subject to his jurisdiction.
4. The transaction was done during his incumbency.

Question 14

What are the ELEMENTS of Art. 217 “Malversation of Public Funds or Property”?

Answer 14

1. That the offender is a Public Officer;
2. That he has the custody or control of funds or property by reason of the duties of his office;
3. That the funds or property are public funds or property for which he is accountable ; and
4. That he appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them.

Question 15

What are the ELEMENTS of Art. 218 “Failure of Accountable Officer to Render Accounts”?

Answer 15

1. That the offender is a Public Officer whether in service or separated therefrom;
2. That he is accountable for Public Funds or Property;
3. That he is required by law or regulation to render account to the Auditor General (Commission on Audit) or to the Provincial Auditor; and
4. That he fails to do so for a period of two months after such accounts should be rendered.

Question 16

What are the ELEMENTS of Art. 220 “Illegal use of Public Funds or Property” or Technical Malversation committed?

Answer 16

1. The offender is an ACCOUNTABLE Public Officer;
2. He applies Public Funds or Property under his administration to some public use; and
3. The public use for which the public funds or property were applied is different from the purpose for which they were originally appropriated by law or ordinance.

Question 17

What are the ELEMENTS of Art. 224 “Evasion through negligence”?

Answer 17

1. That the offender is a Public Officer.
2. That he is charged with the conveyance or custody of a prisoner, who may either be a detention prisoner or a prisoner by final judgement.
3. That such prisoner escapes through his negligence.

Question 18

How is Art. 226 “Removal, concealment or destruction of documents” committed?

Answer 18

By:
1. Removing;

2. Destroying; or
3. Concealing

Documents or Papers officially entrusted to the offending Public Officer.

Question 19

What are the ACTS punishable by Art. 229 “Revelation of Secrets by an Officer”?

Answer 19

1. Revealing secrets known to the offender by reason of his office.
2. Wrongfully delivering papers or copies thereof which he may have charge and which should not be published.

Question 20

What are the ELEMENTS of Art. 230 “Public Officer revealing secrets of Private Individual”?

Answer 20

1. The offender is a Public Officer.
2. He knows the secrets of a private individual by reason of his office.
3. He reveals such secrets without authority.

Question 21

What are the ELEMENTS of Art. 231 “Open disobedience”?

Answer 21

1. The offender is a Judicial or Executive Officer.
2. There is a judgement, decision or order of a superior authority.
3. Such a judgement, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities.
4. The offender openly refuses to execute such a judgement, decision or order.

Question 22

What are the ELEMENTS of Art. 232 “ Disobedience to order of superior office, when said order was suspended by inferior officer”?

Answer 22

1. The offender is a Public Officer.
2. He suspended the execution of an order issued by his superior officer.
3. The superior officer has disapproved such suspension.
4. The offender disobeys the superior officer despite such disapproval of suspension.

Question 23

What are the ELEMENTS of Art. 233 “Refusal of Assistance”?

Answer 23

1. The offender is a Public Officer.
2. He fails to lend his cooperation towards the administration of justice or other public service.
3. The said failure or refusal was made despite demand by competent authority.

Question 24

What are the ELEMENTS of Art. 234 “Refusal to discharge elective office”?

Answer 24

1. The offender has been elected to a Public Office by popular election.
2. He refuses to be sworn in or to discharge the duties of his office.
3. His refusal is without legal motive.

Question 25

How is Art. 235 “Maltreatment of Prisoners” committed? And how is it QUALIFIED?

Answer 25

By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge, by: 1. The imposition of punishment not authorized by the regulations, or 2. Inflicting such punishment in a cruel and humiliating manner. It is QUALIFIED when the PURPOSE of the maltreatment is to extort a confession or to obtain some information from the prisoner.

Question 26

What are the ELEMENTS of Art. 236 “Anticipation of duties of a public office”?

Answer 26

1. The offender has been elected or appointed to public office. 2. The law requires the taking of an oath or posting of a bond before discharging the duties of said office. 3. The offender assumes the performance of the duties and powers of said office without complying with the said REQUISITES.

Question 27

What are the ELEMENTS of Art. 237 “Prolonging performance of duties and powers”?

Answer 27

1. The offender is a Public Officer. 2. The right of the offender to his office, employment or commission has terminated as provided by law or regulation. 3. He continues to discharge the duties and powers of his office.