Title 7 Chapter 6 Other Offenses

Question 1

Elements of 231 opendisobedience

Answer 1

1. That the offender is ajudicial 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 the 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. (2 Viada 575)

Question 2

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

Answer 2

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 3

Reason for the provision under Art 232

Answer 3

The law has taken into account that a superior officer may sometimes err, and that orders issued by him may proceed from a mistaken judgment.
For this reason, it entitles a subordinate to suspend in such cases the order issued, to submit his reason to his superior in order that the latter may give them proper weight, if they are entitled to any. So far there is no
crime
3
.

Question 4

Elements of refusal of assistance

Answer 4

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.

Question 5

Example of refusal of assistance.

Answer 5

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. (See People vs. Castro, G.R. No. 19273, March 16, 1923)

Question 6

Is damage to public interest essential in Art 233?

Answer 6

Yes, there must be damage to the public interest or to a third party, great or small.
If the failure to lend cooperation results in “serious damage to the public interest or to a third party,” the penalty is higher; “otherwise” (meaning if the damage is not serious), the penalty is lower.

Question 7

Elements of article 234 Refusal to discharge elective office.

Answer 7

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 8

Elements of article 236 anticipation of duties of a public office

Answer 8

1. That the offender is entitled to hold a public office ‘ or employment, e i t h e r 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 he 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 9

Elements of article 237 prolonging performance of duties and powers.

Answer 9

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 10

Which officers are contemplated under article 237?

Answer 10

A public officer who has been suspended, separated, declared overaged, or dismissed cannot continue to perform the duties of his office.

Question 11

Elements of article 238 abandonment office or position.

Answer 11

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.

Question 12

When is the offense of article 238 (abandonment) qualified?

Answer 12

If the abandonment of the office has for its purpose to evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes falling within Title One, and Chapter One of Title Three of Book Two of this Code, the penalty is higher. (Art. 238, par. 2)
“Title One, and Chapter One of Title Three of Book Two of this Code” refer to the crimes of (1) treason, (2) conspiracy and proposal to commit treason, (3) misprision of treason, (4) espionage, (5) inciting to war or giving motives for reprisal, (6) violation of neutrality, (7) correspondence with hostile country, (8) flight to enemy country, (9) piracy and mutiny, (10) rebellion, (11) coup d’etat, (12) conspiracy and proposal to commit coup d’etat or rebellion, (13) disloyalty of public officers, (14) inciting to rebellion, (15) sedition, (16) conspiracy to commit sedition, and (17) inciting to sedition.

Question 13

Abandonment of office (Art. 238), distinguished from negligence and tolerance in prosecution of offenses (Art. 208).

Answer 13

1. Abandonment of office or position is committed by any public officer; negligence and tolerance in the prosecution of offenses is committed only by public officers who have the duty to institute prosecution for the punishment of violations of the law.
2. In abandonment of office or position, the public officer abandons his office to evade the discharge of his duty; in negligence and tolerance in the prosecution of offenses, the public officer does not abandon his office but he fails to prosecute an offense by dereliction of duty or by malicious tolerance of the commission of offenses.

Question 14

Elements of article 239 usurpation of legislative powers

Answer 14

1. That the offender is an executive orjudicial 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 15

Elements of article 240 usurpation of executive functions

Answer 15

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 16

Elements of article 240 usurpation of judicial functions.

Answer 16

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

Question 17

Elements of article 242 Disobeying request for disqualification.

Answer 17

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 18

,example of case under article 243

Answer 18

The Mayor of Manila suspended a market administrator for alleged irregularity. Then he caused an administrative investigation of the market administrator. The latter filed a petition for prohibition in the Court of First Instance which issued a preliminary writ of injunction pending the resolution of the question of jurisdiction raised by the petitioner. But the Mayor continued the investigation. In this case, the Mayor may be held liable under this article.
The disobedient public officer is liable, even if the jurisdictional question is resolved by the proper authority in his favor. (11 Cuello Calon, Codigo Penal, 10th ed., p. 388)

Question 19

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

Answer 19

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 20

Elements of article 244unlawful appointments

Answer 20

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 21

Elements of article 245 abuses against chastity

Answer 21

a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances to a woman.
c. That such woman must be —
(1) 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

(2) 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

(3) the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender.

Question 22

Ways of committing abuses aggress

Answer 22

1. By soliciting or making immoral or indecent advances to a woman interested in 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.
2. By soliciting or making immoral or indecent advances to a woman
   under the offender’s custody
3. By soliciting or making immoral or indecent advances to the wife, daughter, sister or relative within the same degree by affinity of any person in the custody of the offending warden or officer.

Question 23

When is abuse against Chastity consummated?

Answer 23

This crime is consummated by mere proposal, because it is sufficient that there is soliciting or making immoral or indecent advances to the woman.
It is not necessary that the woman solicited should have yielded to the solicitation of the offender.