esguerra title 07 public officers

Title SevenCRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One. Preliminary Provisions

Article 203. Who are public officers

Chapter Two. Malfeasance and Misfeasance in Office

Section One – Dereliction of duty Article 204. Knowingly rendering unjust

judgmentArticle 205. Judgment rendered through

negligence Article 206. Unjust interlocutory order Article 207. Malicious Delay in the

administration of justice Article 208. Prosecution of offenses; negligence

& tolerance Article 209. Betrayal of trust by attorney –

revelation of secrets

Section Two – BriberyArticle 210. BriberyArticle 211. Indirect briberyArticle 211-A. Qualified briberyArticle 212. Corruption of public officials

Chapter Three. Frauds and Illegal Exactions and Transactions

Article 213. Frauds against the public treasury and similar offenses.

Article 214. Other Frauds Article 215. Prohibited Transactions Article 216. Possession of prohibited interest by

a public officer

Chapter Four. Malversation of Public Funds or Property

Article 217. Malversation of public funds Article 218. Failure of accountable officer to

render accountsArticle 219. Failure of accountable officer to

render accounts before leaving the country

Article 220. Illegal use of public funds or property

Article 221. Failure to make delivery of public funds or property

Article 222. Officers included in the preceding provisions

Chapter Five. Infidelity of Public Officers

Section One – Infidelity in the custody of prisonersArticle 223. Conniving with or consenting to

evasion Article 224. Evasion through negligence Article 225. Escape of prisoner under the

custody of a person not a public officer

Section Two – Infidelity in the custody of documents

Article 226. Removal, concealment, or destruction of documents

Article 227. Officer breaking sealArticle 228. Opening of closed documents

Section Three – Revelation of secretsArticle 229. Revelation of secrets by an officer Article 230. Public officer revealing secrets of

private individual

Chapter Six. Other Offenses or Irregularities by Public Officers

Section One – Disobedience, refusal of assistance and maltreatment of prisoners

Article 231. Open disobedienceArticle 232. Disobedience to order of superior

officer, when said order was suspended by inferior officer

Article 233. Refusal of assistanceArticle 234. Refusal to discharge elective officeArticle 235. Maltreatment of prisoners

Section Two – Anticipation, prolongation and abandonment of the duties and powers by public

officeArticle 236. Anticipation of duties of a public

officeArticle 237. Prolonging the performance of

duties and Powers

Article 238. Abandonment of office or position

Section Three – Usurpation of powers and unlawful appointments

Article 239. Usurpation of legislative powersArticle 240. Usurpation of executive functionsArticle 241. Usurpation of judicial functionsArticle 242. Disobeying request for

disqualificationArticle 243. Orders or requests by executive

officers to any judicial authority

Article 244. Unlawful appointments

Section Four – Abuses against chastityArticle 245. Abuses against chastity - Penalties

Article 203. Who are public officers

Requisites to be a public officer:

1. Taking part in the performance of public functions in the government;

or

Performing in said government or in any of its branches public duties as an employee, agent or subordinate official, or any rank or class;

2. His authority to take part in the performance of public functions or to perform public duties must be -

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a. By direct provision of the law;b. By popular election; orc. By appointment by competent

authority.

• Embraces every public servant from highest to lowest.

• Laborer, unless temporarily performs functions of a public officer, is not a public officer.

Malfeasance and Misfeasance in office

• Misfeasance is the improper performance of some act which might be lawfully done Arts. 204-207 are misfeasances on

office that a judge can commit

• Malfesance is the performance of an act which ought not to be done Arts. 210-211 are malfeasances in office that a public officer can commit

• Nonfeasance is the ommission of some act which ought to be performed Art. 208 is a nonfeasance

• Arts. 204-209 are crimes under dereliction of duty

Article 204. Knowingly render unjust judgment

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.

• Unjust judgment is the final determination and consideration of a court of competent jurisdiction upon the matters submitted to it which is contrary to law or is not supported by evidence or both.

• When rendered knowingly – An unjust judgment must be made deliberately and maliciously (from error, ill-will, revenge or bribery); thus no liability incurs for a mere error in good faith.

• There must be evidence that the judge knew that his judgment is unjust

Article 205. Judgment rendered through negligence

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.

• Manifestly unjust judgment is one so manifestly contrary to law that even a person having a meager knowledge of the law cannot doubt the injustice• Abuse of discretion or mere error of judgment without proof of bad faith, or ill motive or improper consideration is not punishable.

Article 206. Unjust interlocutory order

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.

• Interlocutory order is a court order between the commencement and 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.

Article 207. Malicious Delay in the administration of justice

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. (malice must be proven)

Article 208. Prosecution of offenses; negligence & tolerance (PREVARICACION)

Acts Punishable:

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.

• Negligence here means the neglect of the duties of his office by maliciously failing to move the prosecution and punishment of the delinquent. Malice is an important element.• Officer of the law includes all those who by reason of the position held by them are duty bound to cause the prosecution and punishment of the offenders; Public officer extends to those officers of the prosecution department whose duty is to institute criminal proceedings for felonies upon being informed of their perpetration.• Fiscal who knows that there is sufficient evidence to secure the conviction of the accused but drops the case is liable and punishable under Art. 206. But the fiscal is under no compulsion to file the corresponding complaint where he is not convinced that the evidence gathered would warrant the filing of an action in court.

• Crime committed by the law violator must be first proved before conviction for dereliction.

• Liability of public officer who, having the duty of prosecuting the offender, harbored, concealed or assisted the escape of the latter is that of the principal in the crime defined and penalized under Art 208• Not applicable to revenue officers

Article 209. Betrayal of trust by attorney -revelation of secrets

Acts punishable:

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;

Note: Damage is not necessary

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.

Note: If the client consents to the attorney’s taking the defense of the other party, there is no crime.

• There is no solicitor or procurador judicial under the Rules of Court. (procurador judicial – a person who had some practical knowledge of law and procedure, but not a lawyer, and was permitted to represent a party in a case before the inferior courts)

Article 210. Direct Bribery

Acts punishable:

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.

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;


orb. 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.

• For the purpose of punishing bribery, the temporary performance of public functions is sufficient to constitute a person a public officer.

• The provisions of this article are made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties.

• Gift is either voluntarily offered by a private person or solicited by the public officer, it may be received personally or thru intermediary.

• Gift or present need not actually be received by the public officer, as an accepted offer or promise of gift is sufficient.

• If there is only an offer of gift or promise to give something, the offer or promise must be accepted by the public officer to be liable under this article. If not accepted, only the person offering is liable under Article 212.

• It must be of some value or capable of pecuniary estimation.

• A promise to give gift to, and a promise to commit an unlawful act by, a public officer will be sufficient under Art. 210 [1]

• Direct bribery under Art.210 [2] has the same elements as Art 210 [1] but act intended by public officer does not amount to a crime.

• Direct bribery under Art 210 [2] acceptance of the gift and the accomplishment of act is necessary.

• The commission of Art 210 [3] is by refraining from doing something which pertains to a public officer’s official duty. Prevaricacion (Art 208) is committed the same way. But they differ in that in ART. 210 [3] the offender refrained from doing his official duty in consideration of a gift received or promised. This is not necessary in Art. 208.

Manipon vs. Sandiganbayan

Manipon, a deputy sheriff assigned to execute the decision of the labor arbiter ordering Harry Dominguez, a building contractor to pay the balance of their work contract. He sent a notice to the Comtrust Bank in Baguio City garnishing the bank accounts of Dominguez. The bank agreed to hold the accounts. Later on Dominguez sought Manipon's help in the withdrawal of the garnished account. Manipon told Dominguez that he "can remedy the withdrawal so they will have something for the New Year." Dominguez interpreted this to mean that Manipon would withdraw the garnished amount for a consideration. Manipon contends that the Sandiganbayan erred in convicting him of direct bribery, in not giving credence to the defense theory that there was novation of the money judgment.

HELD: It is very strange indeed that for such an important agreement that would be a final judgment, no one took the bother of putting it down or paper. Of course Manipon would have us believe that there was no need for it because he trusted Dominguez and Tabek.

And yet did he not also claim that Dominguez had framed him up because of a grudge? And if there was really an agreement to alter the judgment, why did he not inform the labor arbiter about it considering that it was the labor arbiter who had issued the order of execution? Manipon could not give satisfactory explanations because there was no such agreement in the first place.

Dacumos vs. Sandiganbayan

Dacumos was a BIR revenue examiner when he offered to settle the tax liability of R. Revilla Interiors by pulling out its assessments papers from the office of the BIR Commissioner and procuring a tax clearance. For such service, he would require a fee of P35,000.00. Samia, the manager of the firm, pretended to go along with him but reported the matter to the National Bureau of Investigation, which arranged an entrapment. Dacumos was caught and convicted of direct bribery. He argues that he could not have promised to remove the assessment papers from the Commissioner's office as he had no access to that place.

HELD: The implausibility of his promises does not mean they were not made or that they did not appear to be credible, coming as they did from one with his long experience in the BIR and appeared to know his way around. The Court finds it especially remarkable that he met Samia at a private place instead of his office at the BIR, considering that they were supposed to be discussing official business and it was Samia who he says was requesting his assistance. The Court is not inclined to believe that Samia would be so vindictive as to falsely incriminate the petitioner with the serious charge of bribery simply because the petitioner refused to reduce the tax assessment of R. Revilla Interiors. Samia was not even directly involved in the assessment.

Article 211. Indirect Bribery

Elements:

1. Offender is a public officer; 2. He accepts gifts;


3. The gifts are offered to him by reason of his office.

• Gift is usually given to the public officer in anticipation of future favor from the public officer• Essential to Art. 211 is that the public officer must have accepted the gift or material consideration; that is, the public officer took the gift offered and considered it as his personal property.• There is no attempted or frustrated indirect bribery• Indirect bribery is different from direct bribery under Art 210 [2] in that the former the act executed was not unjust while the former requires that the act be unjust• Criminal penalty of imprisonment is distinct from the administrative penalty of separation from judicial service.

Direct bribery Indirect briberyThe public officer receives a gift

There is an agreement between the officer and the gift-giver

There is no such agreement

The offender agrees to perform an act or refrains from doing something because of the gift or promise

It is unnecessary that the offender should do or promise any act as it is enough that he accepted the gift by reason of his office

Presidential Decree No. 46MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS

AND EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY

OCCASION, INCLUDING CHRISTMAS

• any public official or employee, • whether of the national or local governments, • to receive, directly or indirectly, • and for private persons • to give, or offer to give, any gift, present or

other valuable thing to any occasion, including Christmas,

• when such gift, present or other valuable thing is given by reason of his official position,

• regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions.

• Included within the prohibition is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives.

Article 211-A. Qualified Bribery

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.

• Penalty is increased if the public officer asks or demands such gift or present.

Article 212. Corruption by public officials

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.

• The offender in Art. 212 is the gift-giver or offeror of promise, even if the gift was demanded by the public officer and the offer was not made voluntarily prior to said demand; public officer is not liable unless he accepts the gift or consents to the promise

PRESIDENTIAL DECREE NO. 749

Granting Immunity From Prosecution To Givers Of Bribes And Other Gifts And To Their

Accomplices In Bribery And Other Graft Cases Against Public Officers

Who may be granted immunity under the Act?

1. Any person who voluntarily gives information about any violation of:

- RPC 210 (Direct Bribery), 211 (Indirect Bribery), and 212 (Corruption of public officials);

- RA 3019


- Sec 345 of the NIRC - Sec 3604 of the Tariff and Customs Code - other provisions of the said Codes

penalizing abuse or dishonesty on the part of the public officials concerned; and other laws, rules and regulations punishing acts of graft, corruption and other forms of official abuse;

2. AND who willingly testifies against any public official or employee for such violation

…shall be exempt from prosecution or punishment for the offense with reference to which his information and testimony were given, and may plead or prove the giving of such information and testimony in bar of such prosecution.

EVEN IF – - the case where the information and

testimony are given is against a person who is not a public official but who is a principal, or accomplice, or accessory in the commission of any of the above-mentioned violations; or

- it is the informant who offered or gave the bribe or gift to the public official or his accomplice for such gift or bribe-giving.

What are the conditions for immunity?

1. The information must refer to consummated violations of any of the above-mentioned provisions of law, rules and regulations;

2. The information and testimony are necessary for the conviction of the accused public officer;

3. Such information and testimony are not yet in the possession of the State;

4. Such information and testimony can be corroborated on its material points; and

5. The informant or witness has not been previously convicted of a crime involving moral turpitude.

When will immunity NOT attach?

- If it should turn out subsequently that the information and/or testimony (1) is false and malicious or (2) made only for the purpose of harassing, molesting or in any way prejudicing the public officer denounced

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

Sec. 2. Definition of terms. - As used in this Act, that term

(b) "Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in the preceding subparagraph.

(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer's immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.

Sec. 3. Corrupt practices of public officers. - In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination.

(e) Causing any undue injury to any party, including the Government, or giving any


RA 1379FORFEITURE IN FAVOR OF THE STATE OF ANY

PROPERTY FOUND TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR

EMPLOYEE (1955)

SECTION 1. Definitions.(a) For the purposes of this Act, a "public officer or

employee" means any person holding any public office or employment by virtue of an appointment, election or contract, and any person holding any office or employment, by appointment or contract, in any State owned or controlled corporation or enterprise.

(b) "Other legitimately acquired property" means any real or personal property, money or securities which the respondent has at any time acquired by inheritance and the income thereof, or by gift inter vivos before his becoming a public officer or employee, or any property (or income thereof) already pertaining to him when he qualified for public office or employment, or the fruits and income of the exclusive property of the respondent's spouse. It shall not include:

1. Property unlawfully acquired by the respondent, but its ownership is concealed by its being recorded in the name of, or held by, the respondent's spouse, ascendants, descendants, relatives, or any other person.

2. Property unlawfully acquired by the respondent, but transferred by him to another person or persons on or after the effectivity of this Act.

3. Property donated to the respondent during his incumbency, unless he can prove to the satisfaction of the court that the donation is lawful.

SECTION 2. Filing of petition. — Whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired.

SECTION 11. Laws on prescription. - The laws concerning acquisitive prescription and limitation of actions cannot be invoked by, nor shall they benefit the respondent, in respect of any property unlawfully acquired by him.

SECTION 12. Penalties. — Any public officer or employee who shall, after the effective date of this Act, transfer or convey any unlawfully acquired property shall be repressed with imprisonment for a term not exceeding 5 years, or a fine not exceeding P10,000, or both such imprisonment and fine. The same repression shall be imposed upon any person who shall knowingly accept such transfer or conveyance.

R.A. 6713Code of Conduct and Ethical Standards

for Public Officials and Employees

What are Prohibited Acts and Transactions?In addition to acts and omissions of public officials and employees now prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any public official and employee and are hereby declared to be unlawful:

(a) Financial and material interest in any transaction requiring the approval of their office.

(b) Public officials and employees during their incumbency shall not: a. Own, control, manage or accept employment as officer, employee, consultant, counsel, broker, agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; b. Engage in the private practice of their profession unless authorized by the Constitution or law, provided, that such practice will not conflict or tend to conflict with their official functions; or c. Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement, or separation from public office, except in the case of subparagraph (b) (2) above, but the professional concerned cannot practice his profession in connection with any matter before the office he used to be with, in which case the one-year prohibition shall likewise apply.

(c) Public officials and employees shall not use or divulge, confidential or classified information officially known to them by reason of their office and not made available to the public, either (1)To further their private interests, or give undue advantage to anyone; or (2)To prejudice the public interest.

(d) Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

As to gifts or grants from foreign governments, the Congress consents to:(i) The acceptance and retention by a

public official or employee of a gift of nominal value tendered and received as a souvenir or mark of courtesy;

(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship grant or medical treatment; or

(iii) The acceptance by a public official or


employee of travel grants or expenses for travel taking place entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than nominal value if such acceptance is appropriate or consistent with the interests of the Philippines, and permitted by the head of office, branch or agency to which he belongs.

The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection, including pertinent reporting and disclosure requirements. Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs subject to national security requirements.

Penalties imposed

(a) Any public official or employee, regardless of whether or not he holds office or employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation of this Act shall be punished with a fine not exceeding the equivalent of six (6) months' salary or suspension not exceeding one (1) year, or removal depending on the gravity of the offense after due notice and hearing by the appropriate body or agency. If the violation is punishable by a heavier penalty under another law, he shall be prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act shall be punishable with imprisonment not exceeding five (5) years, or a fine not exceeding five thousand pesos (P5,000), or both, and, in the discretion of the court of competent jurisdiction, disqualification to hold public office.

(b) Any violation hereof proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public official or employee, even if no criminal prosecution is instituted against him.

(c) Private individuals who participate in conspiracy as co-principals, accomplices or accessories, with public officials or employees, in violation of this Act, shall be subject to the same penal liabilities as the public officials or employees and shall be tried jointly with them.

(d) The official or employee concerned may bring an action against any person who obtains or uses a report for any purpose prohibited by Section 8 (D) of this Act. The Court in which such action is brought may assess against such person a penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If another sanction hereunder or under any other law is heavier, the latter shall apply.

Morfe vs. Mutuc

Issue: Whether RA 3019 sec 7 was unconstitutional

HELD: No. The Anti- Graft Act of 1960 was aimed at curtailing and minimizing the opportunities for official corruption and maintaining a standard of honesty in the public service. It is intended to further promote morality in public administration. A public office must indeed be a public trust. Nobody can cavil at its objective; the goal to be pursued commands the assent of all. The conditions then prevailing called for norms of such character. The times demanded such a remedial device. By the provisions of the challenged section, it becomes much more difficult by those disposed to take advantage of their position to commit acts of graft and corruption. While in the attainment of such public good, no infringement of constitutional rights is permissible, there must be a showing, clear, categorical, and undeniable, that what the Constitution condemns, the statute allows.

It would be to dwell in the realm of abstractions and to ignore the harsh and compelling realities of public service with its ever-present temptation to heed the call of greed and avarice to condemn as arbitrary and oppressive a requirement as that imposed on public officials and employees to file such sworn statement of assets and liabilities every two years after having done so upon assuming office. The due process clause is not susceptible to such a reproach. There was therefore no unconstitutional exercise of police power.

Jaravata vs. Sandiganbayan

Jaravata was an asst. principal when he informed the classroom teachers of the approval of the release of their salary differentials and to facilitate its payment accused and the classroom teachers agreed that accused follow-up the papers in Manila with the obligation on the part of the classroom teachers to reimburse the accused of his expenses. He did incur expenses in the amount of P36 for each of the 6 teachers. The teachers actually received their salary differentials and pursuant to said agreement, they, with the exception of 2 teachers, gave the accused varying amounts but as the administrator did not approve it, he ordered the Jaravata to return the money given to him which he complied. Jaravata was charged and convicted under RA 3019 SEC 3(b)

HELD: Jaravata was not in violation of RA 3019 Sec 3(b). Sec. 3(b) of R.A. No. 3019, refers to a public officer whose official intervention is required by law in a contract or transaction.

There is no law which invests the petitioner with the power to intervene in the payment of the salary differentials of the complainants or anyone for that matter. Far from exercising any power, the petitioner played the humble role of a supplicant whose mission was to expedite payment of the salary differentials. In his official capacity as assistant principal, he is not required by law to intervene in the payment of the salary differentials. Accordingly, he cannot be said to have violated the law afore-cited although he exerted efforts to facilitate the payment of the salary differentials.

Trieste vs. Sandiganbayan


Mayor Trieste had been charged and convicted for 12 violations of RA 3019 Sec 3 (h) for the purchases of construction materials by his municipality from a company of which he is allegedly the president.

HELD: No violation. Petitioner has divested his interest with the company. Petitioner established that before he assumed office as mayor he had already sold his shares of the company to his sister. The sale was made by corresponding indorsements to her stock certificate which was duly recorded in the stock and transfer book of the corporation.

In as much as Treasurer Vega signed and paid the vouchers after the materials were delivered, petitioner's signature on the vouchers after payment is not, we submit, the kind of intervention contemplated under Section 3(h) of the anti-graft law is the actual intervention in the transaction in which one has financial or pecuniary interest in order that liability may attach. The official need not dispose his shares in the corporation as long as he does not do anything for the firm in its contract with the office. For the law aims to prevent the dominant use of influence, authority and power. There is absolutely no evidence that petitioner had, in his capacity as Mayor, used his influence, power, and authority in having the transactions given to Trigen.

Mejorada vs. Sandiganbayan

Mejorada was a right-of-way agent with DPWH. Petitioner contacted the persons affected by the widening of the road and informed them that he could work out their claims for payment of the values of their lots and/or improvements affected by the widening of said highway. They were paid more than what was the value of their property. Right after the claimants had received the proceeds of their checks, accused accompanied them to his car where they were divested of the amounts paid to them. All the claimants were helpless to complaint because they were afraid of the accused and his armed companion.

Petitioner contends that the eight informations filed against him before the Sandiganbayan are fatally defective in that it failed to allege the essential ingredients or elements constituting the offense penalized by Section 3(e) of Rep. Act No. 3019.

HELD: Section 3’s reference to "any public officer" is without distinction or qualification and it specifies the acts declared unlawful. The last sentence of paragraph (e) is intended to make clear the inclusion of officers and employees of officers or government corporations, which, under the ordinary concept of "public officers" may not come within the term. It is a strained construction of the provision to read it as applying exclusively to public officers charged with the duty of granting licenses or permits or other concessions.

The government suffered undue injury as a result of his inflating the true claims of complainants which eventually became the basis of payment. His contention that he had no participation is belied by the fact that as a right-of-way-agent, his duty was precisely to negotiate with property owners who are affected by highway constructions for the purpose of compensating them.

On the part of the complainants, the injury caused to them consists in their being divested of a large proportion of their claims and receiving payment in an amount even lower than the actual damage they incurred.

They were deprived of the just compensation to which they are entitled.

Plunder

REPUBLIC ACT No. 7080AN ACT DEFINING AND PENALIZING

THE CRIME OF PLUNDER

“Ill-gotten wealth” -- means any asset, property, business enterprise or material possession of any person within the purview of Section 2 acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any combination or series of the following means or similar schemes:

1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;

2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer concerned;3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their subsidiaries;4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including promise of future employment in any business enterprise or undertaking;5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders intended to benefit particular persons or special interests; or6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.

Who are guilty of plunder?

a) any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other


persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts, in the aggregate amount or total value of at least Seventy-five million pesos (P75,000,000.00)

b) any person who participated with said public officer in the commission of plunder shall be punished by life imprisonment with perpetual absolute disqualification from holding any public office.

Who has jurisdiction? -- all prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan.

How proved? -- For purposes of establishing the crime of plunder, it shall not be necessary to prove each and every criminal act done by the accused in furtherance of the scheme or conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.

Prescription -- The crime punishable under this Act shall prescribe in twenty (20) years. However, the right of the State to recover properties unlawfully acquired by public officers from them or from their nominees or transferees shall not be barred by prescription, laches, or estoppel.

Article 213. Frauds against the public treasury

Acts punishable:

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.

Elements of frauds against public treasury under paragraph 1

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.

• Public officer must act in his official capacity• Crime of frauds against public treasury is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any other scheme to defraud Government.

Elements of illegal exactions under paragraph 2

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:

b. Demanding, directly or indirectly, the payment of sums


different from or larger than those authorized by law; orc. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially; or

d. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

• Crime of illegal exactions is consummated by mere demand for larger or different amount from that fixed by law.

• Collecting officer must issue official receipt otherwise held liable under this article.• When there is deceit in demanding greater fees than those prescribed by law, the crime is estafa not illegal exaction.

• Tax collector who collected a sum larger than that authorized by law and spent all of them is guilty of 2 crimes, namely: illegal exaction, for demanding a greater amount; and malversation for misappropriating the amount collected.

• BIR or Customs officers and employees not covered by Art 213. NIRC or Admin Code applies to them.

Article 214. Other Frauds

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 (Estafa, other forms of swindling, swindling a minor and other deceits)

• RTC has jurisdiction when Art 214 is involved as MTCs do not have jurisdiction to impose the principal penalty in Art. 214 of disqualification

Article 215. Prohibited Transactions

Elements

1. Offender is an appointive public officer;2. He becomes interested, directly or

indirectly, in any transaction of exchange or speculation;

3. The transaction takes place within the territory subject to his jurisdiction;

4. He becomes interested in the transaction during his incumbency.

• Transaction must be one of exchange or speculation such as buying regularly securities for resale.

• Purchasing of stocks or shares in a company is simply an investment and not a violation of Art. 215.

• Examples of appointive public officer who may not engage in the commercial profession either in person or by proxy: justices, judges or fiscals, employees engaged in the collection and administration of public funds.

Article 216. Possession of prohibited interest by a public officer

Persons liable:

1. Public officer who, directly or indirectly, became interested in any contracts 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 estate or property in the appraisal, distribution or adjudication of which they had acted;

3. Guardians and executors with respect to the property belonging to their wards or the estate.

• This provision is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any contract or transaction connected with the estate or property in appraisal distribution or adjudication of which they shall have acted, and to the guardians and executors with respect tom the property belonging to their wards or estate.

• Actual fraud is not necessary

Section 14, Article VI of the Constitution

No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies. Neither shall he, directly or indirectly, be interested financially in any contract with, or in any franchise or special privilege granted by the Government or any


subdivision, agency or instrumentality thereof, including any government-owned or controlled corporation or its subsidiary, during his term of office. He shall not intervene in any matter before any office of the government for his pecuniary benefit or where he may be called upon to act on account of his office.

Section 13, Article VII of the Constitution

The President, Vice-President, the Members of the Cabinet and their deputies or assistant shall not, unless otherwise provided in this Constitution, hold any other office or employment during their tenure. They shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct of their office.

Section 2, Article IX-A of the Constitution

No member of a Constitutional Commission shall, during his tenure, hold any office or employment. Neither shall he engage in the practice of any profession or in the active management or control of any business which in any way may be affected by the functions of his office, nor shall he be financially interested, directly or indirectly, in any contract with, or in any franchise or privilege granted by the government, or any of its subdivisions, agencies, or instrumentalities, including government-owned or controlled corporations or their subsidiaries.

Article 217. Malversation of public funds

Acts punishable:

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.

• Also known as embezzlement• Nature of duties, not name of office is

controlling• Funds or property must be received in

official capacity

• A public officer having only a qualified charge of government property without authority to part with physical possession of it unless upon order from his immediate superior, cannot be held liable for malversation. This rule does not apply when the accused had authority to receive money pertaining to the Government.

• A private person conspiring with an accountable public officer in committing malversation is also guilty of malversation. Under Art. 222 private individuals may also guilty of malversation.

• Private property may be involved malversation. This article applies to administrators or depositories of funds or property attached, seized, or deposited by public authority, even if such property belongs to a private individual.

• In malversation not committed through negligence, lack of criminal intent or good faith is a defense.

• Presumption from failure to have duly forthcoming public funds or property upon demand is prima facie evidence that the said funds have been put to personal use. This may be rebutted.

• Return of the funds malversed is only a mitigating circumstance.

• When at the very moment the shortage is discovered, the shortage is paid by public officer from his pocket, he is not liable for malversation.

• When the accountable officer is obliged to go out of his office and borrow the sum alleged to be the shortage and later the missing amount is found in some unaccustomed place in his office, he is not liable for malversation.


• Demand not necessary in malversation in spite of the last paragraph in Art. 217 as the latter provides only for a rule of procedural law, a rule of evidence and no more.

• A person whose negligence made possible the commission of malversation may be held liable as principal by indispensable cooperation in the complex crime of malversation through falsification of a public document by reckless negligence.

• Damage to Government not necessary. Penalty is based on the amount involved, not on the amount of damage to the government.

Labatagos vs. Sandiganbayan

Labatagos was the cashier and collecting officer of the Mindanao State University. She filed a leave of absence and did not discharge her duties for the said period. When COA conducted the examination, the petitioner did not have any cash in her possession, so she was asked to produce all her records, books of collection, copies of official receipts and remittance advices and her monthly reports of collections. Petitioner incurred shortages. Petitioner was charged and convicted of malversation of public funds.

HELD: Conviction upheld. Her claim that she signed the audit report and statement of collections and deposits prepared by the audit team of Francisco Rivera on the understanding that her shortage was only P2,000.00 is belied by the figures clearly reflected on the said documents. Mrs. Ester Guanzon, the prosecution’s rebuttal witness, confirmed that the accused filed application for maternity leave in March 1978 but continued reporting for work during that month and that she (Guanzon) was the one assigned to collect the fees in her stead. When the accused was physically absent from office, she also turned over her collections to the accused in the latter’s house with the duplicate copies of the receipts she issued which the accused signed after satisfying herself that the amounts turned over tallied with the receipts.

All the other sums allegedly taken from the accused by Director Osop, Alikhan Marohombsar and Auditor Casan supported as they are by mere pieces of paper, despite the admission by Director Osop of having signed some of them were not valid disbursements. Granting that the amounts reflected in the chits were really secured by the persons who signed them, the responsibility to account for them still rests in the accused accountable officer. Malversation consists not only in misappropriation or converting public funds or property to one’s personal use but also by knowingly allowing others to make use of or misappropriate them.

Estepa vs. Sandiganbayan

Estepa, then a senior paymaster lost P50,000 government money. Petitioner’s contention is that the facts alleged in the information did not constitute an offense since there

can be no crime of malversation of public funds through mere failure to count the money.

HELD: In the crime of malversation, all that is necessary for conviction is proof that the accountable officer had received the public funds and that he did not have them in his possession when demand therefore was made and he could not satisfactorily explain his failure so to account. An accountable public officer may be convicted for malversation even if there is no direct evidence of personal misappropriation, where he has not been able to explain satisfactorily the absence of the public funds involved.

Ilogon vs. Sandiganbayan

Ilogon was the acting Postmaster when the examination showed that the petitioner incurred a shortage in his accounts. He was charged and convicted of malversation of public funds.

HELD: In the crime of malversation, all that is necessary for conviction is proof that the accountable officer had received public funds and that he did not have them in his possession when demand 73herefore was made. There is even no need of direct evidence of personal misappropriation as long as there is a shortage in his account and petitioner cannot satisfactorily explain the same.

The fact that petitioner did not personally use the missing funds is not a valid defense and will not exculpate him from his criminal liability. And as aptly found by respondent Sandiganbayan, “the fact that (the) immediate superiors of the accused (petitioner herein) have acquiesced to the practice of giving out cash advances for convenience did not legalize the disbursements”.

The fact also that petitioner fully settled the amount of P118,003.10 later is of no moment. The return of funds malversed is not a defense. It is neither an exempting circumstance nor a ground for extinguishing the accused’s criminal liability. At best, it is a mitigating circumstance.

Azarcon vs. Sandiganbayan

Azarcon owned and operated an earth-moving business, hauling. Occasionally, he engaged the services of sub-contractors like Jaime Ancla whose trucks were left at the former’s premises. A Warrant of Distraint of Personal Property was issued by the BIR to the personal property of Jaime Ancla, a delinquent taxpayer. Later on, Azarcon wrote the BIR stating Ancla surreptitiously withdrew his equipment from hiss custody. Because of this, Azarcon was charged and convicted of malversation of public property. The issue here is whether petitioner’s designation by the BIR as a custodian of distrained property qualifies as appointment by direct provision of law, or by competent authority

HELD: Not a public officer. The case of U.S. vs. Rastrollo is not applicable to the case before us simply because the facts therein are not identical, similar or analogous to those obtaining here. While the cited case involved a judicial deposit of the proceeds of the sale of attached property in the hands of the debtor, the case at bench dealt with the BIR’s administrative act of effecting constructive distraint over alleged property of taxpayer


Ancla in relation to his back taxes, property which was received by Petitioner Azarcon. In the cited case, it was clearly within the scope of that court’s jurisdiction and judicial power to constitute the judicial deposit and give “the depositary a character equivalent to that of a public official.” However, in the instant case, while the BIR had authority to require Petitioner Azarcon to sign a receipt for the distrained truck, the NIRC did not grant it power to appoint Azarcon a public officer.

People v. Wa-Acon (2006)

Article 217 no longer requires proof by the State that the accused actually appropriated, took, or misappropriated public funds or property. Instead, a presumption, though disputable and rebuttable, was installed that upon demand by any duly authorized officer, the failure of a public officer to have duly forthcoming any public funds or property— with which said officer is accountable—should be prima facie evidence that he had put such missing funds or properties to personal use. When these circumstances are present, a “presumption of law” arises that there was malversation of public funds or properties as decreed by

Article 217.

Article 218. Failure of accountable officer to render accounts

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.

• Demand for accounting not necessary, it is sufficient that there is a law or regulation requiring him to render account.

• The reason for this law is the enforcement by penal provision the performance of the duty incumbent upon every public employee who handles government funds to render an account of all he receives of has in his charge by reason of his employment.

• Misappropriation not necessary.

Article 219. Failure of accountable officer to render accounts before leaving the country

Elements:

1. Offender is a public officer;2. He is an accountable officer for public funds or property;3. He unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Commission on Audit showing that his accounts have been finally settled.

Article 220. Illegal use of public funds or property (TECHNICAL MALVERSATION)

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.

• Also known as technical malversation• Illegal use of public funds or property distinguished from malversation:

1. Offenders in both crimes are public officers2. In Illegal use, the public officer does not derive personal gain of profit,; In malversation, the offender in certain cases profits 3. In Illegal use, the public fund or property is applied to another public use; In malversation, the public fund or property is applied to personal use.

Article 221. Failure to make delivery of public funds or property

Acts punishable:

1. Failing to make payment by a public officer who is under obligation to make such payment from government funds in his possession;

2. Refusing to 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. Public officer has government funds in his possession;

2. He is under obligation to make payment from such funds;


3. He fails to make the payment maliciously.

• Refusal to make delivery of property must be malicious

Article 222. Officers included in the preceding provisions

1. private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds, revenues, or property

2. any administrator or depository of funds or property attached, seized or deposited by public authority, even if such property belongs to a private individual.

• Judicial administrator (of estate of deceased) not covered, conversion of effects makes him liable for estafa.

• Private property is included provided it is attached, seized or deposited by public authority.

Campomanes v. People (2006)

As gleaned from the parties’ stipulation of facts, the PSC and the FIDE entered here into a contract requiring the PSC to provide the FIDE the funds for the latter to organize the Chess Olympiad and Congress in Manila. The PSC delivered the funds to the FIDE, which apparently successfully organized the Chess Olympiad and Congress since the PSC does not claim that the FIDE failed to organize the two events. In short, the FIDE complied with its undertaking under the contract.

There is no claim by the PSC or the COA that the FIDE, a foreign non-governmental entity, is obligated under the contract to render an accounting.

There is also no showing that the PSC’s charter or any law or regulation requires the FIDE to render an accounting to the PSC or the COA as a condition for the receipt of funds. Clearly, this situation cannot give rise to criminal liability on the part of the FIDE’s officers under Article 222 of the Revised Penal Code which admittedly requires that there must be a “law or regulation” requiring the rendering of accounts by private individuals.

Article 223. Conniving with or consenting to evasion

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.

• Release of detention prisoner who could not be delivered to the judicial authority within the time fixed by law is not infidelity in the custody of the prisoner

• Leniency or laxity is not infidelity.• Relaxation of imprisonment is considered

infidelity.

Article 224. Evasion through negligence

Elements:

1. Offender is a public officer;2. He is charged with the conveyance or custody of a prisoner or prisoner by final judgment;3. Such prisoner escapes through negligence.

• Detention prisoners included• Only the positive carelessness that is short of deliberate non-performance of his duties as guard that is the gravamen of the crime under Art 224.• The fact that the public officer recaptured the escaped prisoner does not afford complete exculpation.• Liability of escaping prisoner:1. If serving sentence by reason of final

judgment- evasion of service under Art 157

2. If detention prisoner, no criminal liability.

Rodillas vs. Sandiganbayan

Rodillas was a Patrolman when he was directed by his superior, to escort prisoners to face trial. While waiting for the arrival of the judge, Pat. Andres, a relative of the husband of detention prisoner Zenaida, approached the accused and requested the latter if he could permit Zenaida to talk to her husband. The accused consented and Zenaida had a short talk with her husband. He consented to the request that they eat at the canteen. While eating, the husband of Zenaida asked accused if he could


accompany his wife to the comfort room as she was not feeling well and felt like defecating. The accused accompanied Zenaida and a lady companion to the ladies' comfort room. Zenaida and her lady companion entered the comfort room, while he stood guard near the ladies' comfort room facing the door. Not long after, the lady companion of Zenaida came out of the comfort room and told him that she was going to buy sanitary napkins for Zenaida. After ten minutes elapsed without the lady companion of Zenaida coming back, the accused became suspicious and entered the comfort room. To his surprise, he found Zenaida no longer inside the comfort room. He immediately went out to look for the escapee inside the building but they were not able to see her. Accused was unable to recapture Zenaida. Was the Sandiganbayan correct in holding the petitioner guilty of infidelity in the custody of a prisoner through negligence penalized under Art. 224?

HELD: Yes. The only disputed issue is the petitioner's negligence resulting in the escape of detention prisoner Zenaida Andres. The negligence referred to in the Revised Penal Code is such definite laxity as all but amounts to a deliberate non-performance of duty on the part of the guard. It is evident from the records that the petitioner acted negligently and beyond the scope of his authority when he permitted his charge to create the situation which led to her escape. The petitioner contends that human considerations compelled him to grant Zenaida Andres' requests to take lunch and to go to the comfort room to relieve herself. As a police officer who was charged with the duty to return the prisoner directly to jail, the deviation from his duty was clearly a violation of the regulations. It is the duty of any police officer having custody of a prisoner to take necessary precautions to assure the absence of any means of escape. A failure to undertake these precautions will make his act one of definite laxity or negligence amounting to deliberate non-performance of duty. His tolerance of arrangements whereby the prisoner and her companions could plan and make good her escape should have aroused the suspicion of a person of ordinary prudence.

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

Elements:

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

• Inapplicable if the private person is the one who made the arrest and he consented to the escape of the person he arrested

Article 226. Removal, concealment, or destruction of documents

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.

• Public officer must be officially entrusted with the documents or papers

• Documents must be complete and one by which a right could be established or an obligation could be extinguished

• Books, periodicals and pamphlets not documents

• Papers include checks, promissory notes and paper money

• Infidelity in the custody of the document distinguished from malversation and falsification: When the postmaster received money orders, signed the signatures of the payees, collected and appropriated the respective amounts thereof, the postmaster is guilty of malversation and falsification, the latter crime having been committed the malversation. But when the postmaster receives letters or envelopes containing money orders for transmission and the money orders are not sent to the addressees, the postmaster cashing the same for his own benefit, he is guilty of infidelity in the custody of papers.

• Money bills received as court exhibits are papers.

• Acts punishable: removing, destroying, concealing, documents or papers officially entrusted to the offending public officer.

• It is not necessary that the act of removal must be coupled with proof of intention to conceal. Accordingly, removal, destruction and concealment are distinct modes of committing the offense.

• The removal is for a illicit purpose when offender intends to (1) tamper with it or (2) profit with it of (3) commit an act


constituting a breach of trust in the official care thereof.

• The crime of removal of public documents in breach of official trust is consummated upon its removal from its usual place in the office.

• Infidelity in the custody of document by destroying or concealing it does not require proof of illicit purpose.

• Delivering document to the wrong party is infidelity in the custody thereof.

• There must be damage, great or small, which may consist in mere alarm to the public or alienation of its confidence in any branch of government service.

Article 227. Officer breaking seal

Elements:

1. Offender is a public officer;2. He is charged with the custody of papers or property;3. These papers or property are sealed by proper authority;4. He breaks the seal or permits them to be broken.

• It is the breaking of the seals, not opening of closed envelope that is punishable under the Article.• Damage or intent to cause damage is not necessary.• Distinction between infidelity and theft

1. There is infidelity if the offender opened the letter but did not take the same.2. There is theft if there is intent to gain when the offender took the money.

Note that he document must be complete in legal sense. If the writings are mere form, there is no crime.

Article 228. Opening of closed documents

Elements:

1.Offender is a public officer;2.Any closed papers, documents, or object are entrusted to his custody;3.He opens or permits to be opened said closed papers, documents or objects;

4.He does not have proper authority.

• Custody means a guarding or keeping safe• Closed documents must be entrusted to

the custody of the accused by reason of his office

• Damage or intent to cause damage not an element

• If public officer broke a seal in opening closed papers, what is the offense? Breaking the seal, because Article 228 requires that the officer must “not be included in the provisions of the next preceding article”.

Article 229. Revelation of secrets by an officer

Acts punishable:

1. Revealing any secrets known to the offending public officer by reason of his official capacity;

Elements1.Offender is a public officer;2.He knows of a secret by reason of his official capacity;3.He reveals such secret without authority or justifiable reasons;4.Damage, great or small, is caused to the public interest.

• Secret must affect public interest• Espionage not contemplated here as this

article punishes minor official betrayals, infidelities of little consequence, affecting usually the administration of justice, executive or official duties, or the general interest of the public order

• Secrets of private persons not included

2. Delivering wrongfully papers or copies of papers of which he may have charge and which should not be published.

Elements:1. Offender is a public officer;2. He has charge of papers;3. Those papers should not be published;


4. He delivers those papers or copies thereof to a third person;5. The delivery is wrongful;6. Damage is caused to public interest.

• Offender must have charge of papers or its copies

• Distinguish from infidelity in the custody of documents or papers by removing the same: If the papers contain secrets and therefore should not be published, and the public officer having charge removes it and delivers them wrongfully to a third person the crime is revelation of secrets by a public officer. If papers do not contain secrets, the removal for an illicit purpose is infidelity in the custody of documents.

Article 230. Public officer revealing secrets of private individual

Elements:

1. Offender is a public officer;2. He knows of the secrets of a private

individual by reason of his office;3. He reveals such secrets without authority

or justifiable reason.

• Revelation to one person is sufficient, public revelation not required

• When the offender is an attorney at law or solicitor Art 230 is not applicable but Art 209.

• Damage to private person not necessary since the reason of the provision is to uphold faith and trust in the public service

Article 231. Open disobedience

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.

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

1. Offender is a public officer;2. An order is issued by his superior for execution;3. He has for any reason suspended the execution of such order;4. His superior disapproves the suspension of the execution of the order;5. Offender disobeys his superior despite the disapproval of the suspension.

• This article does not apply if the order of the superior is illegal.

Article 233. Refusal of assistance

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.

• Damage to public interest or to a third party is essential.

Article 234. Refusal to discharge elective office

1.Offender is elected by popular election to a public office;2.He refuses to be sworn in or to discharge the duties of said office;3.There is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

• The reason is that once an individual is elected to an office by the will of the people, the discharge of the duties of said office becomes a matter of duty.

• Not applicable to appointive officers

Article 235. Maltreatment of prisoners

Elements:

1. Offender is a public officer or employee;


2. He has under his charge a prisoner or detention prisoner;

3. 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 -

(1) By the imposition of punishment not authorized by the regulations; or

(2) By inflicting such punishments (those authorized) in a cruel and humiliating manner; or

b. By maltreating such prisoners to extort a confession or to obtain some information from the prisoner.

• Public officer must have actual charge of the prisoner

• Offended party must be convict or detention prisoner

• To be a detention prisoner, the arrested person must be in jail even for a short while.

• The maltreatment must (1) relate to the correction or handling of the prisoner or (2) be for the purpose of extorting a confession or of obtaining some information from the prisoner.

• Offender may also be liable for physical injuries or damage caused

Article 236. Anticipation of duties of a public office

1. Offender is entitled to hold a public office or employment, either by election or appointment;

2. The law requires that he should first be sworn in and/or should first give a bond;

3. He assumes the performance of the duties and powers of such office;

4. He has not taken his oath of office and/or given the bond required by law.

Article 237. Prolonging performance of duties and powers

1. Offender is holding a public office;2. The period provided by law, regulations or

special provision for holding such office, has already expired;

3. He continues to exercise the duties and powers of such office.

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

Article 238. Abandonment of office or position

1. Offender is a public officer;2. He formally resigns from his position;3. His resignation has not yet been accepted;4. He abandons his office to the detriment of

the public service.

• There must be a written or formal resignation, verbal statement is not allowed

• The offense is qualified when the abandonment was for the purpose to evade the discharge of duties of preventing, prosecuting, or punishing any of 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.

• Art 238 distinguished from Art. 208:1. Art. 238 is committed by any public

officer while in Art 208 is committed by public officers who have the duty to institute prosecution for the punishment and violation of the law

2. Art. 238 , public officer abandons office to evade the discharge of duty, in Art 208, the public officer does not abandon his office but fails to prosecute an offense by dereliction of duty or malicious tolerance of the commission of the offense.

Article 239. Usurpation of legislative powers

1. Offender is an executive or judicial officer;2. 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.


Article 240. Usurpation of executive functions

1. Offender is a judge;2. He (a) assumes a power pertaining to the executive authorities, or (b) obstructs the executive authorities in the lawful exercise of their powers.

1. Legislative officers not liable

Article 241. Usurpation of judicial functions

1. Offender is an officer of the executive branch of the government;

2. He (a) assumes judicial powers, or (b) obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

2. Arts 239-241 punish interference by the officers of one of the three branches of government with functions of officers in another department. The purpose is to maintain the separation and independence of the three departments.

Article 242. Disobeying request for disqualification

1. Offender is a public officer;2. A proceeding is pending before such public

officer;3. There is a question brought before the

proper authority regarding his jurisdiction, which is not yet decided;

4. He has been lawfully required to refrain form continuing the proceeding;

5. He continues the proceeding.

Article 243. Orders or requests by executive officers to any judicial authority

1. Offender is an executive officer;2. He addresses any order or suggestion to

any judicial authority;3. The order or suggestion relates to any case

or business coming within the exclusive jurisdiction of the courts of justice.

• Purpose is to maintain independence of the judiciary

• Legislative or judicial officers not liable

Article 244. Unlawful appointments (Art. 244)

1. Offender is a public officer;2. He nominates or appoints a person to a

public office;3. Such person lacks the legal qualifications

therefore;4. Offender knows that his nominee or

appointee lacks the qualification at the time he made the nomination or appointment.

• Nominate is different from recommend. Recommending, knowing that the person recommended has no qualification, is not a crime.

Article 245. Abuses against chastity

Acts punishable:

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.

Elements:

1. Offender is a public 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.


• Solicit is to propose earnestly and persistently something unchaste and immoral to a woman.

• Advances must be immoral or indecent• Consummated by mere proposal• Proof of solicitation not necessary when

there is sexual intercourse• Mother of the person in the custody of the

offender not included.


esguerra title 07 public officers

Documents

officer article

public officearticle

public officerschapter

public treasury

public officersection

public officer chapter

negligence article

frauds article