Finals Review Deck 4 [Crimes Committed by Public Officers]

Question 1

Who are public officers?

Answer 1

Art. 203. Who are public officers. – For the purpose of applying the provisions of this and the preceding titles of this book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be a public officer.

Question 2

Elements of Art. 204 Knowingly rendering unjust judgment

Answer 2

“Elements of Art. 204. Knowingly rendering unjust judgment:

1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust”

Question 3

What is an unjust judgment?

Answer 3

An unjust judgment is one which is contrary to law, or is not supported by the evidence, or both.

Question 4

Elements of Art. 205. Judgment rendered through negligence

Answer 4

“Elements of Art. 205. Judgment rendered through negligence:

1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is manifestly unjust;
4. That it is due to his inexcusable negligence or ignorance.”

Question 5

Elements of Art. 206. Unjust interlocutory order

Answer 5

“Elements of Art. 206. Unjust interlocutory order:

1. That the offender is a judge;
2. That he performs any of the following acts:
   (a) knowingly renders unjust interlocutory order or decree; or
   (b) renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance”

Question 6

What is an interlocutory order

Answer 6

An interlocutory order is an order which is issued by the court between the commencement oand the end of a suit or action and which decides some point or matter, but which, however, is not a final decision of the matter in issue.

Question 7

Elements of Art. 207. Malicious delay in the administration of justice

Answer 7

“Elements of Art. 207 Malicious delay in the administration of justice:

1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage on either party in the case. “

Question 8

Elements of Art. 208. Prosecution of offenses; negligence and tolerance

Answer 8

“Acts punishable under Art. 208 Prosecution of offenses; negligence and tolerance:

1. By maliciously refraining from instituting prosecution against violator of the law;
2. By maliciously tolerating the commission of offenses.

Elements of dereliction of duty in the prosecution of offenses:

1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to prosecute, offenses;
2. That there is dereliction of 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;
3. That the offender acts with malice and deliberate intent to favor the violator of the law.”

Question 9

Elements of Art. 209. Betrayal of trust by an attorney or solicitor.– Revelation of secrets.

Answer 9

“Acts punishable under Art. 209 Betrayal of trust by attorney:

1. By causing damage to his client, either (1) by any malicious breach of professional duty, (2) by inexcusable negligence or ignorance. (Note: there must be damage to his client in both cases);
2. By revealing any of the secrets of his client learned by him in his professional capacity. (Note: damage not necessary);
3. By undertaking the defense of the opposing party in the same case, without the consent of his first client, after having undertaken the defense of said first client or after having received confidential information from said client. (Note: if there is consent, there is no crime).”

Question 10

What are the acts punishable as Direct bribery (Art. 210)?

Answer 10

“Acts punishable in Direct bribery (Art. 210): A public officer commits direct bribery–

1. By agreeing to perform, or by performing, in consideration of any officer, promise, gift or present– an act constituting a crime, in connection with the performance of his official duties;
2. By 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. By agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of gift or promise.”

Question 11

Elements of Art. 210. Direct bribery.

Answer 11

“Elements of Art. 210 Direct bribery:

1. That the offender be a public officer within the scope of Art. 203;
2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another;
3. That such offer or promise be accepted, or gift or present received by the public officer–
   (a) with a view to committing some crime (malfeasance); or
   (b) in consideration of the execution of an act which does not constitute a crime, but the act must be unjust (misfeasacne); or
   (c) to refrain from doing something which it is his official duty to do (nonfeasance).
4. the act which the offender agrees to perform or which he executes be connected with the performance of his official duties.”

Question 12

Elements of Art. 211. Indirect bribery.

Answer 12

“Elements of Art. 211. Indirect bribery:

1. That the offender is a public officer;
2. That he accepts gifts;
3. That the said gifts are offered to him by reason of his office.”

Question 13

Elements of Art. 211-A Qualified bribery.

Answer 13

“Elements of Art. 211-A Qualified bribery:

1. That the offender is a public officer entrusted with law enforcement;
2. That the offender refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death;
3. That the offender refrains from arresting or prosecuting the offender in consideration of any promise, gift or present.”

Question 14

Elements of Art. 212. Corruption of public officials.

Answer 14

“Elements of Art. 212. Corruption of public officials:

1. That the offender makes offers or promises or gives gifts or presents to a public officer;
2. That the 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”

Question 15

What are the acts punishable as frauds against public treasury and illegal exactions (Art. 213)?

Answer 15

“Acts punisahble as frauds against public treasury and illegal exactions:

1. 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;
2. 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;
3. 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;
4. 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.”

Question 16

Elements of Art. 213. Frauds against the public treasury and similar offenses.

Answer 16

“Elements of frauds against public treasury (Art. 213, par.1)

1. That the offender is a public officer;
2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity;
3. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (1) furnishing supplies; (2) making of contracts; or (3) adjustment or settlement of accounts relating to public property or funds;
4. That the accused had intent to defraud the Government.

Elements of illegal exactions (Art. 213, par.2):

1. That the offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts;
2. That he is guilty of 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; or
   (b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or
   (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.”

Question 17

Elements of Art. 214. Other frauds.

Answer 17

“Elements of Art. 214 Other frauds:

1. That the offender is a public officer;
2. That he takes advantage of his official position;
3. That he commits any of the frauds or deceits enumerated in Art. 315 to 318. “

Question 18

Elements of Art. 215. Prohibited transactions.

Answer 18

“Elements of Art. 215 Prohibited transactions:

1. That the offender is an appointive public officer;
2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation;
3. That the transaction takes place within the territory subject to his jurisdiction;
4. That he becomes interested in the transaction during his incumbency.”

Question 19

Who are liable under Art. 216 Possession of prohibited interest by a public officer

Answer 19

“Who are liable for possession of prohibited interest (Art. 216)?

1. Public officer who, directly or indirectly, becomes interested 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 estte or property in the appraisal, distribution or adjudication of which they had acted;
3. Guardains and executors with respect to the property belonging to their wards or the estate.”

Question 20

“What are the acts punishable under Art. 217 Malversation of public funds or property?
What are the elements common to all?”

Answer 20

“Acts punishable in malversation (Art. 217):

1. By appropriating public funds or property;
2. By taking or misappropriating the same;
3. By consenting, or through abandonment or negligence, permitting any other person to take such public funds or property;
4. BY being otherwise guilty of the misappropriation or malversation of such funds or property.

Elements common to all acts of malversation under Art. 217:

1. That the offender be a public officer;
2. That he had the custody or control of funds or property by reason of the duties of his office;
3. That those funds or property were public funds or property for which he was accountable;
4. That he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them. “

Question 21

Presumption of malversation

Answer 21

Art. 217 Malversation of public funds or property – Presumption of malversation.– […] 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 uses.

Question 22

Elements of Art. 218 Failure of accountable officer to render accounts

Answer 22

“Elements of Art. 218 Failure of accountable officer to render accounts:

1. That the offender is a public officer, whether in the service or separated therefrom;
2. That he must be an accountable officer for public funds or property;
3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor;
4. That he fails to do so for a period of two months after such accounts should be rendered.”

Question 23

Elements of Art. 219 Failure of a responsible public officer to render accounts before leaving the country

Answer 23

“Elements of Art. 219 Failure of a responsible officer to render accounts before leaving the country:

1. That the offender is a public officer;
2. That he must be an accountable officer for public funds or property;
3. 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.”

Question 24

Elements of Art. 220 Illegal use of public funds or property

Answer 24

“Elements of Art. 220 Illegal use of public funds or property:

1. That the offender is a public officer;
2. That there is public fund or property under his administration;
3. That such public fund or property has been appropriated by law or ordinance;
4. 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.”

Question 25

What are the acts punishable and the elements of Art. 221 Failure to make delivery of public funds or property

Answer 25

“Acts punishable under Art. 221 Failure to make delivery of public funds or property:

1. By failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession;
2. By refusing ot make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration.

Elements of failure to make payment:

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

Question 26

Art. 222 Officers included in the preceding provisions (Art. 221)

Answer 26

Art. 222. Officers included in the preceding provisions.– The provisions of this chapter shall apply to private individuals who in any capacity whatever, have charge of any insular (now National), provincial or municipal funds, revenues, or property and to any administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual.

Question 27

Elements of Art. 223 Conniving with or consenting to evasion

Answer 27

“Elements of Art. 223 Conniving with or consenting to evasion:

1. That the offender is a public officer;
2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment;
3. That such prisoner escaped from his custody;
4. That he was in connivance with the prisoner in the latter’s escape.

• if the fugitive shall have been sentenced by final judgment to any penalty = prision correccional med-max;
• if the fugitive is still a detention prisoner (no final judgment yet) = prision correccional min. “

Question 28

Elements of Art. 224 Evasion through negligence

Answer 28

“Elements of Art. 224 Evasion through negligence:

1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment;
3. That such prisoner escapes through his negligence.”

Question 29

Elements of Art. 225 Escape of prisoner under the custody of a person not a public officer

Answer 29

“Elements of Art. 225 Escape of prisoner under the custody of a person not a public officer:

1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person under arrest is confided to him;
3. That the prisoner or person under arrest escapes;
4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence.”

Question 30

Elements of Art. 226 Removal, concealment, or destruction of documents

Answer 30

“Elements of Art. 226 Removal, concealment, or destruction of documents:

1. That the offender be a public officer;
2. That he abstracts, destroys or conceals documents or papers;
3. That the said documents or papers should have been entrusted to such public officer by reason of his office;
4. That damage, whether serious or not, to a third party or to the public interest should have been caused.

• serious damage caused = prision mayor;
• no serious damage = prision correccional min-med.”

Question 31

Elements of Art. 227 Officer breaking seal

Answer 31

“Elements of Art. 227. Officer breaking seal:

1. That the offender is a public officer;
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by proper authority;
4. That he breaks the seals or permits them to be broken. “

Question 32

Elements of Art. 228 Opening of closed documents

Answer 32

“Elements of Art. 228 Opening of closed documents:

1. That the offender is a public officer;
2. That any closed papers, documents, or objects are entrusted to his custody;
3. That he opens or permits to be opened said closed papers, documents or objects;
4. That he does not have proper authority. “

Question 33

What are the acts punishable and elements of Art. 229 Revelation of secrets by an officer

Answer 33

“Acts punishable under Art. 229 Revelation of secrets by an officer:

1. By revealing any secrets known to the offending public officer by reason of his official capacity;
2. By delivering wrongfully papers or copies of papers of which he may have charge and which should not be published.

Elements of Art. 229 Revelation of secrets by an officer No.1:

1. That the offender is a public officer;
2. That he knows of a secret by reason of his official capacity;
3. That he reveals such secret without authority or justifiable reasons;
4. That damage, great or small, be caused to the public interest.

Elements of Art. 229 Revelation of secrets by an officer No.2:

1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful;
6. That damage be caused to public interest. “

Question 34

Elements of Art. 230 Public officer revealing secrets of private individual

Answer 34

“Elements of Art. 230 Public officer revealing secrets of private individual:

1. That the offender is a public officer;
2. That he knows of the secrets of a private individual by reason of his office;
3. That he reveals such secrets without authority or justifiable reason.

does not apply to attorney-at-law or a solicitor; appropriate crime is Art. 209”

Question 35

Elements of Art. 231 Open disobedience

Answer 35

“Elements of Art. 231 Open disobedience:

1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior authority;
3. That such judgment, decision or order was made within the scope of jurisdiction of the superior authority and issued with all the legal formalities;
4. That the offender without any legal justification openly refuses to execute the said judgment, decision or order, which he is duty bound to obey.”

Question 36

Elements of Art. 232. Disobedience to order of superior officer, when said order was suspended by inferior officer

Answer 36

“Elements of Art. 232 Disobedience to order of superior officer, when said order was suspended by inferior officer:

1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such order;
4. That his superior disapproves the suspension of the execution of the order;
5. That the offender disobeys his superior despite the disapproval of the suspension.”

Question 37

Elements of Art. 233 Refusal of assistance

Answer 37

“Elements of Art. 233 Refusal of assistance:

1. That the offender is a public officer;
2. That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service;
3. That the offender fails to do so maliciously;
4. That his refusal causes damage to public interest or third persons (great or small);

• serious damage = arresto mayor med - prision correccional min;
• not serious damage = arresto mayor med-max.”

Question 38

Elements of Art. 234 Refusal to discharge elective office

Answer 38

“Elements of Art. 234 Refusal to discharge elective office:

1. That the offender is elected by popular election to a public office;
2. That he refuses to be sworn in or to discharge the duties of said office;
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.”

Question 39

Elements of Art. 235 Maltreatment of prisoners

Answer 39

“Elements of Art. 235 Maltreatment of prisoners:

1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner or detention prisoner;
3. That he maltreats such prisoner in either the following means:
   a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either: (1) by imposition of punishments not authorized by the regulations; or (2) by inflicting such punishment (those authorized) in a cruel and humiliating manner; or
   b. BY maltreating such prisoner to extort a confession or to obtain some information from the prisoner. “

Question 40

Elements of Art. 236 Anticipation of duties of a public office

Answer 40

“Elements of Art. 236 Anticipation of duties of a public office:

1. That the offender is entitled to hold a public office or employment, either by election or appointment;
2. That the law requires that he should first be sworn in and/or should first give a bond;
3. That the assumes the performance of the duties and powers of such office;
4. That he has not taken his oath of office and/or given the bond required by law.”

Question 41

Elements of Art. 237 Prolonging performance of duties and powers

Answer 41

“Elements of Art. 237 Prolonging performance of duties and powers:

1. That the offender is holding a public office;
2. That the period provided by law, regulations or special provisions for holding such office, has already expired;
3. That he continues to exercise the duties and powers of such office.”

Question 42

Elements of Art. 238 Abandonment of offices or position

Answer 42

“Elements of Art. 238 Abandonment of offices or position:

1. That the offender is a public officer;
2. That he formally resigns from his position;
3. That his resignation has not yet been accepted;
4. That he abandons his office to the detriment of the public service.

• If to evade the discharge of duties in preventing, prosecuting or punishing crimes in Crimes Against National Security and Laws of Nations = prision correccional min-med;
• If to evade duties in preventing, prosecution or punishing any other crime = arresto mayor.”

Question 43

Elements of Art. 239 Usurpation of legislative powers

Answer 43

“Elements of Art. 239 Usurpation of legislative powers:

1. That the offender is an executive or judicial officer;
2. That he (a) makes general rules or regulations beyond the scope of his authority; or (b) attempts to repeal a law; or (c) suspends the execution thereof. “

Question 44

Elements of Art. 240 Usurpation of executive functions

Answer 44

“Elements of Art. 240 Usurpation of executive functions:

1. That the 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.”

Question 45

Elements of Art. 241 Usurpation of judicial functions

Answer 45

“Elements of Art. 241 Usurpation of judicial functions:

1. That the offender is an officer of the executive branch;
2. That he (a) assumes judicial power, or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction.”

Question 46

Elements of Art. 242 Disobeying requests for disqualification

Answer 46

“Elements of Art. 242 Disobeying requests for disqualification:

1. That the offender is a public officer;
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided;
4. That he has been lawfully required to refrain from continuing the proceeding;
5. That he continues the proceeding.”

Question 47

Elements of Art. 243 Orders or requests by executive officers to any judicial authority

Answer 47

“Elements of Art. 243 Orders or requests by executive officers to any judicial authority:

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

Question 48

Elements of Art. 244 Unlawful appointments

Answer 48

“Elements of Art. 244 Unlawful appointments:

1. That the offender is a public officer;
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualifications therefor;
4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made the nomination or appointment.”

Question 49

Elements of Art. 245 Abuses against chastity

Answer 49

“Elements of Art. 255 Abuses against chastity:

1. That the offender is a public officer
2. That the he SMIIA to a woman;
3. That such woman must be:
   (a) 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 officer; or
   (b) under the custody of the offender who is a warden or other public officer direclty charged with the care and custody of prisoners under arrest; or
   (c) the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.

The mother of the person in custody of the offender is not included”