Title 7 - [2/2] (Art. 231-245) Flashcards
CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS
(ARTS. 231-245)
SECTION ONE: DISOBEDIENCE, REFUSAL
OF ASSISTANCE AND MALTREATMENT
OF PRISONERS)
Art 231
Open Disobedience
What is the act constituting this crime?
- That 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 scope of the jurisdiction of the superior authority and issued with all legal formalities;
- That the offender without any legal justification openly refuses to execute said judgment, decision or order, which he is duty bound to obey
Art 232
Disobedience to order of superior officer when said order was suspended by inferior officer
Elements
- That 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 W/IN THE SCOPE OF JD of the superior authority and issued with ALL legal formalities;
- That the offender w/o any legal justification openly refuses to execute said judgment, decision or order, which he is duty bound to obey
Elements
- That the offender is a public officer;
- That an order is issued by his superior for execution;
- That he has for any reason suspended the execution of such order;
- That his superior disapproves the suspension of the execution of the order;
- That the offender disobeys his superior despite the disapproval of the suspension.
note this article does NOT apply if the order of the superior is illegal
Art 233
Refusal of Assistance
Cite an example
A chief of police who flatly and insolently refuses to serve summons of a provincial fiscal, after having been duly requested to do so by the latter official, is guilty of a violation of this article
Elements
- That the offender is a public officer.
- That a competent authority demands from the offender that he lends his cooperation towards the administration of justice OR other public service.
- That the offender fails to do so maliciously
note
- There must be damage to the public interest or to a third party.
- If the offender is a private individual, he may be held liable for contempt.
234
Refusal to discharge elective office
Elements
- That the offender is elected by popular election to a public office;
- That he refuses to be sworn in or to discharge the duties of said office; and
- That there is NO legal motive for such refusal to be sworn in or to discharge the duties of said office.
Art 235
Maltreatment of Prisoners
Elements
- That the offender is a public officer OR employee;
- That he has under his charge a prisoner convicted by final judgment OR a detention prisoner;
- That he maltreats such prisoner in either of the following manners:
[A] By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either:
i. by the imposition of punishments NOT authorized by the regulations, OR
ii. by inflicting such punishments (those authorized) in a cruel and humiliating manner; or
[B] By maltreating such prisoner to extort (force) a confession or to obtain some information from the prisoner.
note
- pub officer/emp must have actual charge of the prisoner
When a prisoner is maltreated, how many crimes may be committed?
Offender may also be held liable for
- physical injuries OR damage caused.
There is NO complex crime of maltreatment of prisoners with serious or less serious physical injuries, as defined in Art. 48
To what does the word maltreatment refer to?
The maltreatment (1) must relate to the correction or handling of the prisoner, or (2) must be for the purpose of extorting a confession or of obtaining some information from the prisoner.
note
if the jailer inflicted physical injuries on the prisoner because of personal grudge against the prisoner, the jailer is liable for physical injuries only
Art 236
Anticipation of duties of a public office
Elements
- That the offender is entitled to hold a public office or employment, either by election or appointment;
- That the law requires that he should first be sworn in AND/OR should first give a bond;
- That he assumes the performance of the duties and powers of such office;
- That he has NOT taken his oath of office AND/OR given the bond required by law.
Art 237
Prolonging Performance of Duties and Powers
Who are the officers contemplated?
public officer who has been [ssod]
suspended
separated
overaged
dismissed
cannot continue to perform the duties of his office
Elements
- That the offender is holding a public office;
- That the period provided by law, regulations or special provisions for holding such office, has already expired;
- That he continues to exercise the duties and powers of such office.
Art 238
Abandonment of office or position
Elements
- That the offender is a public officer;
- That he formally resigns from his position;
- There must be written or formal resignation - That his resignation has NOT YET BEEN accepted;
- That he abandons his office to the detriment of the public service.
When is the offense qualified?
when the abandonment of the office has for its purpose to evade the discharge of the duties of [ppp] preventing, prosecuting or punishing any of the crimes falling within Title 1 and Chapter 1 Title 3 of Book 2 of this Code
Distinguish abandonment (238) from negligence and tolerance in prosecution of offenses (208)
ABANDONMENT
- any pub officer
- pub officer abandons to evade discharge of duty
208 Negligence & Tolerance
- only pub officer who have **duty to institute prosecution for the punishment of violations of the law
- does NOT abandon but fails to prosecute an offense by dereliction of duty or malicious tolerance of the commission of offenses
SECTION THREE: USURPATION OF
POWERS AND UNLAWFUL APPOINTMENT
SECTION THREE: USURPATION OF
POWERS AND UNLAWFUL APPOINTMENT
art 239
Usurpation of Legislative Power
usurp - act of taking control w/o having the right to especially position of power
Elements
- That the offender is an executive or judicial officer;
- 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.
art 240
Usurpation of Executive Function
Elements
- That the offender is a judge;
- That he:
a. Assumes a power pertaining to the executive authorities; or
b. Obstructs the executive authorities in the lawful exercise of their powers.
241
Usurpation of Judicial Function
Elements of 241
- That the offender is an officer of the executive branch of the Government;
- That he:
a. Assumes judicial powers; or
b. Obstructs the execution of any order or decision rendered by any judge within his jurisdiction.
Art 242
Disobeying Request for Disqualification
Elements 242
- That the offender is a public officer;
- That a proceeding is pending before such public officer;
- That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided;
- That he has been lawfully required to refrain from continuing the proceeding;
- That he continues the proceeding.
[gpt]
lawful request or requirement for the public officer to stop or refrain from further handling the proceeding until the question about his jurisdiction is resolved.
243
orders or request by executive officers to any judicial authority
Elements 243
- That the offender is an executive officer;
- That he addresses any order or suggestion to any judicial authority;
- That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice.
[gpt]
The content of the order or suggestion involves a matter that falls exclusively within the jurisdiction of the courts of justice. In other words, it interferes with the domain reserved for the judiciary
244
Unlawful appointments
Elements 244
- That the offender is a public officer;
- That he nominates or appoints a person to a public office;
- That such person lacks the legal qualifications therefor;
- That the offender knows that his nominee or appointee lacks the qualification AT THE TIME he made the nomination or appointment.
SECTION FOUR: ABUSES AGAINST
CHASTITY
SECTION FOUR: ABUSES AGAINST
CHASTITY
Art 245
Abuses Against Chastity - Penalties
How are these abuses committed?
- By soliciting or making immoral or indecent advances to a woman interested in the matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer.
note: she could be a party to a case, a witness, or somehow connected to the issues the officer is handling.
- By soliciting (propose earnestly) or making immoral or indecent advances to a woman under the offender’s custody.
- By soliciting or making immoral or indecent advances to the wife, daughter, sister or relative W/IN THE SAME DEGREE by affinity of any person in the custody of the offending warden or officer.
Elements
- That the offender is a public officer;
- That he solicits or makes immoral or indecent advances to a woman;
- 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 directly charged with the care and custody of prisoners or persons 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.
[a]
she could be a party to a case, a witness, or somehow connected to the issues the officer is handling.
notes on art 245
- The mother of the person in the custody of the offender is NOT included.
- This crime is consummated by mere proposal. If the offender succeeds in committing a crime against chastity, the solicitation and advances are considered merely as preparatory acts.
- Proof of solicitation is NOT necessary when there is sexual intercourse.
