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CRIM 2 > FINAL TERM : CRIMES COMMITTED BY PUBLIC OFFICERS > Flashcards

FINAL TERM : CRIMES COMMITTED BY PUBLIC OFFICERS Flashcards

1
Q

Elements of other frauds ART 214

A
  1. The offender is a public officer
  2. He takes advantage of his official position
  3. He commits any of the fraud or deceits enumerated in Art 315-318
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2
Q

Prohibited Transactions

A
  1. The offender is an appointive public officer
  2. He becomes interested, directly or indirectly in any transaction of exchange or stipulation
  3. Transaction takes place within the territory subject to his jurisidction
  4. He becomes interested in the transaction during his incumbency
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3
Q

Possession of prohibited interest by a public officer

A
  1. Public officer who, directly ot indirectly, became intersted in any contract or business in which it was his official duty to intervene.
  2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the appraisal, distribution or adjudication of which they had acted
  3. Guardians and executors with respect to the property belonging to their wards or the estate.
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4
Q

MALVERSATION OF PUBLIC FUNDS AND PROPERTY

A
  1. Offender is a public officer or employee
  2. He has the custody or control of funds or property by reason of his duties of his office
  3. Those funds or property were public funds or property for which he is accountable
  4. He appropriated, took, misappropriated or consented or through abandonment or negligence, permitted another person to take them.
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5
Q

Who is the offender

A

An accountable public officer refers to any person who is a public officer who is entrusted by law to collect public funds and property and to account it later to the state. He is an accountable public officer

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6
Q

Two ways of committing malversation

A
  1. Positive act
  2. Passive act

Positive act is through deliberate intent or through dolo. He is the one who appropriates or misappropriates, who took the said public fund or property
Passive act which is through is abandonmenet or negligence. He allowed other to appropriate or misappropriate the said public funds or property

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7
Q

ARTICLE 218 – FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS

A
  1. Offender is a public officer, whether in the service or separated therefrom
  2. He must be an accountable officer for public funds or property;
  3. He is required by law or regulation to render accounts 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.
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8
Q

ARTICLE 219 – FAILURE OF RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY

A
  1. Offender is a public officer;
  2. He must be an accountable officer for public funds or property;
  3. 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.
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9
Q

ARTICLE 220 – ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (Technical Malversation)

A
  1. Offender s a public officer;
  2. There is a public fund or property under his
    administration;
  3. Such public fund or property has been appropriated by law or ordinance; and
  4. He applies the same to a public use other than that for which such fund or property has been appropriated by law or ordinance.
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10
Q

MALVERSATION VS. TECHNICAL MALVERSATION

A

MALVERSATION
1. The offender public officer is entrusted with public funds and property for his custody.
2. The public funds and property must be
accounted later by the public officer to the State.
3. The public officer took, appropriated or
misappropriated the said public funds and property.
4. Malum in se

TECHNICAL MALVERSATION
1. The offender public officer is entrusted with public funds and property for his administration.
2. The public funds and property must be applied to that particular purpose for which it has been appropriated by law or ordinance.
3. The public officer applied it to another public use other than to that which it has been appropriated by law or ordinance.
4. Malum prohibitum

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11
Q

ARTICLE 221 – FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY

A
  1. That the public officer has government funds in his possession;
  2. That he is under obligation to make payments from such funds;
  3. That he fails to make payment maliciously.
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12
Q

ARTICLE 221 – FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY (PUNISHABLE ACTS)

A
  1. Failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession;
  2. Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration
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13
Q

ARTICLE 222 – OFFICERS INCLUDED IN PRECEDING PROVISIONS

Private Individual who may be liable under Art. 217- 221:

A
  1. Private Individual who in any capacity whatsoever, have charge of national, provincial or municipal funds, revenue or property;
  2. Administrator, depository of funds or property attached, seized or deposited by public authority even if such property belongs to a private individual;
  3. Those who acted in conspiracy in malversation;
  4. Accomplice and accessories to malversation.
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14
Q

ARTICLE 223 – CONNIVING WITH OR CONSENTING TO EVASION

A
  1. Offender is a public officer;
  2. He has in his custody or charge a prisoner, either detention prisoner or prisoner by final judgment;
  3. Such prisoner escaped from his custody;
  4. That he was in connivance with the prisoner in the latter’s escape, or is with his consent;
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15
Q

ARTICLE 224 – EVATION THROUGH NEGLIGENCE

A
  1. Offender is a public officer;
  2. He is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment;
  3. Such prisoner escapes through his negligence.
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16
Q

ARTICLE 225 – ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER

A
  1. Offender is a private individual;
  2. Conveyance (or charge) of custody of prisoner or person under arrest is confided to him;
  3. Prisoner or person under arrest escapes;
  4. Offender consents to the escape of the prisoner or person under arrest or that the escape takes place through his negligence.
17
Q

ARTICLE 226 – REMOVAL, CONEALMENT OR
DESTRUCTION OF DOCUMENT

A
  1. Offender is a public officer;
  2. He removes, destroys, or conceals documents or papers;
  3. Said documents 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 should have been caused.
18
Q

ARTICLE 227 – OFFICER BREAKING SEAL

A
  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; and
  4. He breaks the seals or permits them to be broken.
19
Q

ARTICLE 228 – OPENING A CLOSED DOCUMENT

A
  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; and
  4. He does not have proper authority
20
Q

ARTICLE 229 – REVELATION OF SECRETS BY AN
OFFICER (PUNISHABLE ACTS)

A

I. By revealing any secrets which affect public interest learned by him in his official capacity.
II. Wrongfully delivering papers or copies of papers of which he may have charge, and which should not be published thereby causing damage, whether serious or not, to a third party or to public interest.

21
Q

ARTICLE 229 – REVELATION OF SECRETS BY AN
OFFICER ( 1ST PUNISHABLE ACT)

A
  1. Offender is a public officer;
  2. He knows of a secret by reason of his official
    capacity;
  3. He reveals such secret without authority or
    justifiable reasons; and
  4. Damage, great or small, is cause to the public
    interest. It is necessary that there be damage caused, whether serious or not.
22
Q

ARTICLE 229 – REVELATION OF SECRETS BY AN
OFFICER ( 2ND PUNISHABLE ACT)

A
  1. Offender is a public officer;
  2. He has charge of papers;
  3. Those papers should not be published;
  4. He delivers those papers or copies thereof to a
    third person;
  5. The delivery is wrongful; and
  6. Damage is caused to public interest
23
Q

ARTICLE 230 – PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL

A
  1. Offender is a public officer;
  2. He knows of the secrets of private individual by reason of his office; and
  3. He reveals such secrets without authority or
    justifiable reason.
24
Q

ARTICLE 231 – OPEN DISOBEDIENCE

A
  1. Offender is a judicial or executive officer;
  2. There is 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; and
  4. Offender without any legal justification openly
    refuses to execute the said judgment, decision or
    order which he is duty bound to obey.
25
Q

ARTICLE 232 – DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER, WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER

A
  1. Offender is a public officer;
  2. An order is issued by his superior for execution;
  3. He has for any reason 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.
26
Q

ARTICLE 233 – REFUSAL OF ASSISTANCE

A
  1. Offender is a public officer;
  2. Competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service; and
  3. Offender fails to do so maliciously Public officer who shall fail to lend his cooperation towards the administration of justice or any other public service despite demand by competent authority.
27
Q

ARTICLE 234 – REFUSAL TO DISCHARGE ELECTIVE
OFFICE

A
  1. Offender is elected by popular election to a public office;
  2. He refuses to be sworn in or to discharge the duties of the said office; and
  3. There is no legal motive for such refusal to be
    sworn in or to discharge the duties of said office.
28
Q

ARTICLE 235 – MALTREATMENT OF PRISONERS

A
  1. Offender is any public officer;
  2. He has in his custody a prisoner ; and
  3. The said public officer maltreats commits any act of maltreatment:
    a. By overdoing himself in the correction or
    handling of a prisoner or detention prisoner
    under his charge either;
    b. By the imposition of punishments not
    authorized by the rules and regulations
    c. By inflicting such punishments allowed by
    rules and regulations in such a manner which
    is excessive in nature
    d. By maltreating such prisoner to extort a
    confession or to obtain some information from
    the prisoner (not mentioned by prosec pero sali
    ko na rin here from prosec notes 2017)
29
Q

ARTICLE 236 – ANTICIPATION OF DUTIES OF A PUBLIC OFFICE

A
  1. That the offender is entitled to hold a public office or employment either by election or appointment;
  2. Shall assume the performance of the duties and powers of a public official or employee; and
  3. Without being sworn into office or having given the bond required by law.
30
Q

ARTICLE 237 – PROLONGING PERFORMANCE OF
DUTIES AND POWERS

A
  1. That the offender is holding a public office;
  2. That the period allowed by law for him to exercise such function and duties has already expired; and
  3. That the offender continues to exercise such
    function and duties.
31
Q

ARTICLE 238 – ABANDONMENT OF OFFICE OR
POSITION

A
  1. That the offender is holding a public office;
  2. That he formally resigns from his office;
  3. But before the acceptance of his resignation, he abandons his office.
32
Q

ARTICLE 239 – USURPATION OF LEGISLATIVE POWERS

A
  1. That the offender is an executive or judicial officer
  2. That he:
    a. Makes general rules and regulations beyond
    the scope of his authority, or
    b. Attempts to repeal a law, or
    c. Suspend the execution of thereof
33
Q

ARTICLE 240 – USURPATION OF EXECUTIVE
FUNCTIONS

A

ELEMENTS:
1. That the offender is a judge;
2. That the offender:
a. Assumes the power exclusively vested to executive authorities of the Government, or
b. Obstructs executive authorities from the
lawful performance of their functions.
NOTE: It can only be committed by a Judge.

34
Q

ARTICLE 241 – USURPATION OF JUDICIAL FUNCTIONS

A
  1. That the offender is holding office under the
    Executive Branch of the Government;
  2. That he:
    a. Assumes the power exclusively vested in the
    Judiciary, or
    b. Obstructs the execution of any order or
    decision given by a judge within his jurisdiction
35
Q

ARTICLE 242 – DISOBEYING REQUEST OF
DISQUALIFICATION

A
  1. That the offender is a public officer;
  2. That a proceeding is pending before such public officer;
  3. That there has been a question regarding the
    jurisdiction brought before the proper authority;
    and
  4. There is a question brought before the proper
    authority regarding his jurisdiction, which is yet to be decided.
36
Q

ARTICLE 243 – ORDERS OR REQUESTS BY EXECUTIVE OFFICERS TO ANY JUDICIAL AUTHORITY

A
  1. That the offender is an executive officer;
  2. That the offender addresses any order or
    suggestion to any judicial authority; and
  3. That the order or suggestion relates to any case or business within the exclusive jurisdiction of the courts of justice.
37
Q

ARTICLE 244 – UNLAWFUL APPOINTMENTS

A
  1. Offender is a public officer;
  2. He nominates or appoints a person to a public
    office;
  3. Such person lacks the legal qualification thereof; and
  4. Offender knows that his nominee or employee
    lacks the qualifications at the time he made the
    nomination or appointment
38
Q

ARTICLE 245 – ABUSES AGAINST CHASTITY

A
  1. That the offender is a public officer;
  2. That he solicits or makes any indecent or immoral
    advances to a woman;
  3. That the offended party is a woman who is:
    a. Interested in matters pending before the
    public officer for his decision or where the public officer is required to submit a report or
    to consult with a superior officer; or
    b. Under the care custody of the offender, who is
    a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or
    c. The wife, daughter, sister or any relative
    falling within the same degree of affinity of the
    person under the custody and charge

CRIM 2 (5 decks)

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