article 203 - 209 revised penal code

8/11/2019 Article 203 - 209 Revised Penal Code

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TITLE SEVENCrimes Committedby Public Officers

Article 204 to Article 209Malfeasance and Misfeasancein Office


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Who are PublicOfficers?


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Article 203. Who are Public Officers.

For the purpose of applying the provisions ofthis and the preceding titles of this book, anyperson who, by direct provision of the law, popularelection or appointment by competent authority,shall take part in the performance of publicfunctions in the Government of the PhilippineIslands , or shall perform in said Government or inany 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.


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Republic Act No. 3019Sec.2(b) -

Public Officers include elective andappointive officials and employees,permanent or temporary, whether in the

unclassified or classified or exemptedservice receiving compensation, even

nominal, from the government.


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Khan Jr. vs Office of theOmbudsman

G.R. No. L-125296, July 20, 2006

Public Officers are those endowedwith the exercise of sovereignexecutive, legislative or judicialfunctions.

In the case of officers/employees inGOCCs, they are deemed public officers if their corporations are taskedto carry out governmental functions.


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Example of Public Officers


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Chapter TwoMalfeasance and

Misfeasance in Office

Section One Dereliction of Duty


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DefinitionsMalfeasance is the performance ofsome act which ought not to be done.

Misfeasance is the improperperformance of some act which mightlawfully be done.

Nonfeasance is the omission ofsome act which ought to be performed.


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Article 204. Knowingly renderingunjust judgment.

Any judge who shall knowingly render anunjust judgment in any case submitted tohim for decision, shall be punished by

prision mayor and perpetual absolutedisqualification.


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Elements:

A. The offender is a judge;

B. He renders judgment in a casesubmitted to him for him decision;

C. Said judgment is unjust;

D. He knows that said judgment is unjust.


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Diego vs Judge Castillo

A.M. No. RTJ021673, August 11, 2004

It is firmly established in this jurisdiction thatfor a judge to be held liable for knowinglyrendering an unjust judgment, it must beshown that the judgment is unjust as it iscontrary to law or is not supported by theevidence, and that the same was made withconscious and deliberate intent to do aninjustice. Knowingly means consciously,intelligently, willfully or intentionally.


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In Re: Disciplinary action against Atty.

Wenceslao Laureta, G.R. No. 63635,March 12, 1987

Article 204 has no application to themembers of a collegiate court such as theSupreme Court or its Divisions who reach

their conclusion in consultation and

accordingly render their collective judgment after due deliberation.

- x o O o x -


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Article 205. Judgment renderedthrough negligence.

Any judge who, by reason of inexcusablenegligence or ignorance shall render amanifestly unjust judgment in any casesubmitted to him for decision shall bepunished by arresto mayor and temporaryspecial disqualification.


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Elements:

A. Offender is a judge;

B. He renders judgment in a casesubmitted to him for decision;

C. Said judgment is manifestly unjust;

D. It was committed through inexcusablenegligence.


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Manifestly unjust judgment is a judgment which cannot be explainedwith a reasonable interpretation or is a

clear incontrovertible and notoriousviolation of a legal precept. It must bepatently contrary to law if rendered dueto ignorance or inexcusable negligence.

- x o O o x -


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Article 206. Unjust interlocutory

order.Any judge who shall knowingly render anunjust interlocutory order or decree shallsuffer the penalty of arresto mayor in itsminimum period and suspension; but if heshall have acted by reason of inexcusablenegligence or ignorance and theinterlocutory order or decree bemanifestly unjust, the penalty shall besuspension.


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The offense may be committed by a judgein two ways:

A. By knowingly rendering an unjustinterlocutory order; or

B. By rendering a manifestly unjustinterlocutory order by inexcusablenegligence or ignorance.


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Interlocutory Order is one whichdoes not finally determine a cause of actionbut only decides some intervening matterpertaining to the cause, and which requiresfurther steps to be taken in order to enablethe court to adjudicate the cause on themerits. It is merely provisional or temporary;something which intervenes between thecommencement and the end of a suit whichdecides some point or matter, but is not afinal decision of the whole controversy.

- x o O o x -


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Article 207. Malicious delay inthe administration of justice.

The penalty of prision correccional in itsminimum period shall be imposed uponany judge guilty of malicious delay inthe administration of justice.


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Van Der Mee vs Resurreccion, AM No.

OCA IPI No. 041876P, August 9, 2004

A mere court personnel cannot be madeliable under this article. There must be anallegation that the delay, if any, was borneof malicious intent. Malice connotes thatthe act complained of must be the resultof a deliberate evil intent and does notcover a mere voluntary act.

- x o O o x -


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Article 208. Prosecution of

offenses; negligence and tolerance.

The penalty of prision correccional in itsminimum period and suspension shall beimposed upon any public officer, or officer ofthe law, who, in dereliction of the duties ofhis office, shall maliciously refrain from

instituting prosecution for the punishment ofviolators of the law, or shall tolerate thecommission of offenses.


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Acts punished:

A. Maliciously refraining from institutionof prosecution for the punishment ofviolators of the law;

B. Tolerating the commission of offenses.


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Persons liable:

A. Any public officer or employee;B. Officers of the law who are

charged to prosecute offenses.


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People vs Malabanan62 Phil 786

Malice connotes that the action complained ofmust be the result of a deliberate intent and doesnot cover a mere voluntary act. From a practical

standpoint, it is clear that giving this section themost liberal interpretation possible would resultin impossible conditions. If every publicfunctionary who fails to institute criminalprosecution for every misdemeanor which he has

reason to believe has been committed is liable tobe sent to jail for a year and a half as a felony, anintolerable situation would occur.

- x o O o x -


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Article 209. Betrayal of trust by anattorney or solicitor. Revelation ofsecrets.

In addition to the proper administrative action,the penalty of prision correccional in its minimumperiod, or a fine ranging from 200 to 1,000 pesos,or both, shall be imposed upon any attorney-at-law or solicitor (procurador judicial) who, by anymalicious breach of professional duty or of

inexcusable negligence or ignorance, shallprejudice his client, or reveal any of the secrets ofthe latter learned by him in his professionalcapacity.


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The same penalty shall be imposed upon anattorney-at-law or solicitor who, havingundertaken the defense of a client or having

received confidential information from saidclient in a case, shall undertake the defense ofthe opposing party in the same case, withoutthe consent of his first client.


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Acts punished:

A. Malicious breach of professional duty;B. Inexcusable negligence or ignorance;

Revelation of secrets learned in hisprofessional capacity; and

C. Undertaking the defense of the

opposite party in a case without theconsent of the first client whosedefense has already been undertaken.


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Prejudice to the client is essential when there ismalicious breach of professional duty orinexcusable negligence or ignorance. It is notessential in the case of revelation of secrets or inthe representation of conflicting interests.To prejudice is equivalent to causing material ormoral damage to the client. Revelation of secretsignifies a communication of the same to another.The secrets which should not be revealed are notlimited to those learned by the lawyer in

connection with a case in which he is interveningbut includes all other secrets learned from a clientin the course of professional relationship.

- x x o O o x x -

article 203 - 209 revised penal code

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