TITLE VII

Question 1

Malfeasance

Answer 1

• when a public officer performs in his
  public office an act prohibited by law.
  Example: bribery.

Question 2

Misfeasance

Answer 2

when a public officer performs official
acts in the manner not in accordance with what the law
prescribes.

Question 3

Nonfeasance

Answer 3

when a public officer willfully refrains or
refuses to perform an official duty which his office requires
him to perform.

Question 4

Article 204
Knowingly Rendering Unjust Judgment

Answer 4

1. Offender is a judge;
2. He renders a judgment in a case submitted to him for
   decision;
3. Judgment is unjust;
4. The judge knows that his judgment is unjust .

Question 4

Article 206
Unjust Interlocutory Order

Answer 4

1. Offender is a judge;
2. He performs any of the following acts:
   a. Knowingly rendering an unjust interlocutory order
   or decree; or
   b. Rendering a manifestly unjust interlocutory order or
   decree through inexcusable negligence or
   ignorance.

Question 5

Article 205
Judgment Rendered through Negligence

Answer 5

1. Offender is a judge;
2. He renders a judgment in a case submitted to him for
   decision;
3. The judgment is manifestly unjust;
4. It is due to his inexcusable negligence or ignorance.

Question 6

Article 207
Malicious Delay in the Administration of
Justice

Answer 6

1. Offender is a judge;
2. There is a proceeding in his court;
3. He delays in the administration of justice;
4. The delay is malicious, that is, with deliberate intent to
   inflict damage on either party in the case.

Question 7

Article 209
Betrayal of Trust by An Attorney or Solicitor
– Revelation of Secrets

Answer 7

Acts punished
1. Causing damage to his client, either—
a. By any malicious breach of professional
duty;
b. By inexcusable negligence or ignorance.

Note: When the attorney acts with malicious
abuse of his employment or inexcusable
negligence or ignorance, there must be damage
to his client.

2. Revealing any of the secrets of his client learned by
   him in his professional capacity;
3. 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 of
   after having received confidential information from
   said client.

Question 7

When a policeman tolerates the commission of a crime or
otherwise refrains from apprehending the offender, such peace
officer cannot be prosecuted for this crime but they can be
prosecuted as:

Answer 7

(1) An accessory to the crime committed by the principal in
accordance with Article 19, paragraph 3; or
(2) He may become a fence if the crime committed is robbery
or theft, in which case he violates the Anti-Fencing Law; or
(3) He may be held liable for violating the Anti-Graft and
Corrupt Practices Act

Question 7

What is Interlocutory Order

Answer 7

An interlocutory order , which exists in both civil law and criminal law , is a temporary order issued during litigation that refers to a ruling or decision made by a court that is not the final judgment or disposition of the case.

Question 8

Article 208
Prosecution of Offenses; Negligence and
Tolerance

Answer 8

Acts Punished
1. Maliciously refraining from instituting prosecution against
violators of the law;
2. Maliciously tolerating the commission of offenses.

Elements of dereliction of duty in the prosecution of
offenses

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

Question 9

Article 210
Direct Bribery; Acts Punished

Answer 9

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

Question 10

Article 210
Direct Bribery; Elements

Answer 10

Elements
1. Offender is a public officer within the scope of Article 203;

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

Question 11

Article 211-A.
Qualified Bribery

Answer 11

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

Question 11

Article 211
Indirect Bribery

Answer 11

Elements
1. Offender is a public officer;
2. He accepts gifts;
3. The gifts are offered to him by reason of his office.

The public official does not undertake to perform an act or abstain from doing an official duty from what he received. Instead, the official simply receives or accepts gifts or presents delivered to him with no other reason except his office or public position. This is always in the consummated stage. There is no attempted much less frustrated stage in indirect bribery. The Supreme Court has laid down the rule that for indirect bribery to be committed, the public officer must have performed an act of appropriating of the gift for himself, his family or employees. It is the act of appropriating that signifies acceptance. Merely delivering the gift to the public officer does not bring about the crime. Otherwise it would be very easy to remove a public officer: just deliver a gift to him.

Question 12

Presidential Decree No. 46

Answer 12

Presidential Decree No. 46 prohibits giving and acceptance of
gifts by a public officer or to a public officer, even during
anniversary, or when there is an occasion like Christmas, New
Year, or any gift-giving anniversary. The Presidential Decree
punishes both receiver and giver.
The prohibition giving and receiving gifts given by reason of
official position, regardless of whether or not the same is for
past or future favors.
The giving of parties by reason of the promotion of a public
official is considered a crime even though it may call for a
celebration. The giving of a party is not limited to the public
officer only but also to any member of his family.

Question 13

Presidential Decree No. 749

Answer 13

The decree grants immunity from prosecution to a private
person or public officer who shall voluntarily give information
and testify in a case of bribery or in a case involving a violation
of the Anti-graft and Corrupt Practices Act.

Question 14

Republic Act No. 7080
(Plunder)

Answer 14

Republic Act No. 7080 defines the crime of plunder as the accumulation of iII- gotten wealth through a combination or series of overt criminal acts in the aggregate amount of 1’50,000,000.00 by a public official.

Question 15

Republic Act No. 3019
(Anti-Graft and Corrupt Practices Act)

Answer 15

The mere act of a public officer demanding an amount from a
taxpayer to whom he is to render public service does not
amount to bribery, but will amount to a violation of the Anti-graft
and Corrupt Practices Act.

Question 16

Article 213
Frauds against the Public Treasury and
Similar Offenses; Acts punished

Answer 16

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 illegal exactions under paragraph 2

Answer 16

1. Offender is a public officer entrusted with the collection of
   taxes, licenses, fees and other imposts;
2. 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 16

Article 212
Corruption of Public Officials

Answer 16

Elements
1. Offender makes offers or promises or gives gifts or
presents to a public officer;
2. 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 17

Elements Of Frauds Against Public Treasury Under
Paragraph 1

Answer 17

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

Question 18

An unlicensed firearm was
confiscated by a policeman. Instead of turning over
the firearm to the property custodian for the
prosecution of the offender, the policeman sold the
firearm. What crime was committed?

Answer 18

The crime committed is malversation
because that firearm is subject to his accountability.
Having taken custody of the firearm, he is supposed
to account for it as evidence for the prosecution of
the offender

Question 18

Article 214. Other Frauds

Answer 18

Elements 1. Offender is a public officer; 2. He takes advantage of his official position; 3. He commits any of the frauds or deceits enumerated in Article 315 to 318.

Question 18

There was a long line of payors on the last day of payment for residence certificates. Employee A of the municipality placed all his collections inside his table and requested his employee B to watch over his table while he goes to the restroom. B took advantage of A’s absence and took P50.00 out of the collections. A returned and found his money short. What crimes have been committed?

Answer 18

A is guilty of malversation through negligence because he did not exercise due diligence in the safekeeping of the funds when he did not lock the drawer of his table. Insofar as B is concerned, the crime is qualified theft. Under jurisprudence, when the public officer leaves his post without locking his drawer, there is negligence. Thus, he is liable for the loss.

Question 19

Can the buyer be liable under the Anti-fencing law?

Answer 19

No. The crime is neither theft nor robbery, but malversation

Question 19

Article 217. Malversation of Public Funds or Property – Presumption of Malversation

Answer 19

Acts punished 1. Appropriating public funds or property; 2. Taking or misappropriating the same; 3. Consenting, or through abandonment or negligence, permitting any other person to take such public funds or property; and 4. Being otherwise guilty of the misappropriation or malversation of such funds or property. Elements common to all acts of malversation under Article 217 1. Offender is a public officer; 2. He had the custody or control of funds or property by reason of the duties of his office; 3. Those funds or property were public funds or property for which he was accountable; 4. He appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them.

Question 20

A member of the Philippine National Police went on absence without leave. He was charged with malversation of the firearm issued to him. After two years, he came out of hiding and surrendered the firearm. What crime was committed?

Answer 20

The crime committed was malversation. Payment of the amount misappropriated or restitution of property misappropriated does not erase criminal liability but only civil liability.

Question 21

Article 218 Failure of Accountable Officer to Render Accounts

Answer 21

Elements 1. Offender is public officer, whether in the service or separated therefrom by resignation or any other cause; 2. He is an accountable officer for public funds or property; 3. He is required by law or regulation to render account 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.

Question 21

Article 220. Illegal use of public funds or property

Answer 21

Elements 1. Offender is a public officer; 2. There are public funds or property under his administration; 3. Such fund or property were appropriated by law or ordinance; 4. He applies such public fund or property to any public use other than for which it was appropriated for.

Question 22

Article 226. Removal, Concealment, or Destruction of Documents

Answer 22

Elements 1. Offender is a public officer; 2. He abstracts, destroys or conceals a document or papers; 3. Said document 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 has been caused. No material damage is required—the mere delay in public service already constitutes damage and is punishable as a breach of public trust.

Question 23

Article 223. Conniving with or Consenting to Evasion

Answer 23

1. Offender is a public officer; 2. He had in his custody or charge a prisoner, either detention prisoner or prisoner by final judgment; 3. Such prisoner escaped from his custody; 4. He was in connivance with the prisoner in the latter’s escape. Classes of prisoners involved 1. If the fugitive has been sentenced by final judgment to any penalty; 2. If the fugitive is held only as detention prisoner for any crime or violation of law or municipal ordinance.

Question 24

Article 231. Open Disobedience

Answer 24

Elements 1. Officer is a judicial or executive officer; 2. There is a 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; 4. He, without any legal justification, openly refuses to execute the said judgment, decision or order, which he is duty bound to obey.

Question 25

Article 233. Refusal of Assistance

Answer 25

1. Offender is a public officer; 2. A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service; 3. Offender fails to do so maliciously

Question 26

Article 245. Abuses against Chastity

Answer 26

Acts punished 1. 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. Soliciting or making immoral or indecent advances to a woman under the offender’s custody; 3. 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. 2. He solicits or makes immoral or indecent advances to a woman; 3. Such woman is – 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.