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ACT NO. 3815

The Revised Penal Code of the Philippines

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS

Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One

PRELIMINARY PROVISIONS

Art. 203. Who are public officers. For the purpose of applying the provisions of this and the

preceding titles of this book, any person who, by direct provision of the law, popular election or

appointment by competent authority, shall take part in the performance of public functions in

the

Government of the Philippine Islands, of shall perform in said Government or in any 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.

Chapter Two

MALFEASANCE AND MISFEASANCE IN OFFICE

Section One.

Dereliction of duty

Art. 204. Knowingly rendering unjust judgment. Any judge who shall knowingly render an

unjust judgment in any case submitted to him for decision, shall be punished by prision mayor

and perpetual absolute disqualification.

Art. 205. Judgment rendered through negligence. Any judge who, by reason of inexcusable

negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him

for decision shall be punished by arresto mayor and temporary special disqualification.

Art. 206. Unjust interlocutory order. Any judge who shall knowingly render an unjust

interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period

and

suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the

interlocutory order or decree be manifestly unjust, the penalty shall be suspension.


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Art. 207. Malicious delay in the administration of justice. The penalty of prision correccional

in

its minimum period shall be imposed upon any judge guilty of malicious delay in the

administration of justice.

Art. 208. Prosecution of offenses; negligence and tolerance. The penalty of prision

correccional in its minimum period and suspension shall be imposed upon any public officer, or

officer of the law, who, in dereliction of the duties of his office, shall maliciously refrain from

instituting prosecution for the punishment of violators of the law, or shall tolerate the

commission

of offenses.

Art. 209. Betrayal of trust by an attorney or solicitor.

Revelation of secrets.

In addition to

the proper administrative action, the penalty of prision correccional in its minimum period, 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 any malicious breach of professional duty or of

inexcusable

negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter

learned by him in his professional capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor

(procurador judicial) who, having undertaken the defense of a client or having received

confidential information from said client in a case, shall undertake the defense of the opposing

party in the same case, without the consent of his first client.

Section Two. Bribery

Art. 210. Direct bribery. Any public officer who shall agree to perform an act constituting a

crime, in connection with the performance of this official duties, in consideration of any offer,

promise, gift or present received by such officer, personally or through the mediation of

another,

shall suffer the penalty of prision mayor in its medium and maximum periods and a fine [of not

less than the value of the gift and] not less than three times the value of the gift in addition to

the


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penalty corresponding to the crime agreed upon, if the same shall have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not

constitute a crime, and the officer executed said act, he shall suffer the same penalty provided

in

the preceding paragraph; and if said act shall not have been accomplished, the officer shall

suffer the penalties of prision correccional, in its medium period and a fine of not less than

twice

the value of such gift.

If the object for which the gift was received or promised was to make the public officer refrain

from doing something which it was his official duty to do, he shall suffer the penalties of prision

correccional in its maximum period and a fine [of not less than the value of the gift and] not less

than three times the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the

penalty of special temporary disqualification.chan robles virtual law library

The provisions contained in the preceding paragraphs shall be made applicable to assessors,

arbitrators, appraisal and claim commissioners, experts or any other persons performing public

duties. (As amended by Batas Pambansa Blg. 872, June 10, 1985).

Art. 211. Indirect bribery. The penalties of prision correccional in its medium and maximum

periods, and public censure shall be imposed upon any public officer who shall accept gifts

offered to him by reason of his office. (As amended by Batas Pambansa Blg. 872, June 10,

1985).

Art. 212. Corruption of public officials. The same penalties imposed upon the officer

corrupted, except those of disqualification and suspension, shall be imposed upon any person

who shall have made the offers or promises or given the gifts or presents as described in the

preceding articles.

Chapter Three

FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Art. 213. Frauds against the public treasury and similar offenses. The penalty of prision


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correccional in its medium period to prision mayor in its minimum period, or a fine ranging

from

200 to 10,000 pesos, or both, shall be imposed upon any public officer who:

1. In his official capacity, 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, shall enter into an agreement with any interested party or speculator or

make use of any other scheme, to defraud the Government;

2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be

guilty or 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.

(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money

collected by him officially.

(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.

When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of

Customs, the provisions of the Administrative Code shall be applied.

Art. 214. Other frauds. In addition to the penalties prescribed in the provisions of Chapter

Six,

Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its

maximum period to perpetual special disqualification shall be imposed upon any public officer

who, taking advantage of his official position, shall commit any of the frauds or deceits

enumerated in said provisions.

Art. 215. Prohibited transactions. The penalty of prision correccional in its maximum period

or

a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public

officer who, during his incumbency, shall directly or indirectly become interested in any

transaction of exchange or speculation within the territory subject to his jurisdiction.


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Art. 216. Possession of prohibited interest by a public officer. The penalty of arresto mayor in

its medium period to prision correccional in its minimum period, or a fine ranging from 200 to

1,000 pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall

become interested in any contract or business in which it is his official duty to intervene.

This provisions 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 to the property belonging to their wards or estate.

Chapter Four

MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Art. 217. Malversation of public funds or property; Presumption of malversation. Any public

officer who, by reason of the duties of his office, is accountable for public funds or property,

shall

appropriate the same or shall take or misappropriate or shall consent, through abandonment or

negligence, shall permit any other person to take such public funds, or property, wholly or

partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or

property, shall suffer:

1. The penalty of prision correccional in its medium and maximum periods, if the amount

involved in the misappropriation or malversation does not exceed two hundred pesos.

2. The penalty of prision mayor in its minimum and medium periods, if the amount

involved is more than two hundred pesos but does not exceed six thousand pesos.

3. The penalty of prision mayor in its maximum period to reclusion temporal in its

minimum period, if the amount involved is more than six thousand pesos but is less than

twelve thousand pesos.

4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount

involved is more than twelve thousand pesos but is less than twenty-two thousand pesos. If the

amount exceeds the latter, the penalty shall be reclusion temporal in its maximum

period to reclusion perpetua.


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In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special

disqualification and a fine equal to the amount of the funds malversed or equal to the total

value

of the property embezzled.

The failure of a public officer to have duly forthcoming any public funds or property with which

he

is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that

he

has put such missing funds or property to personal use. (As amended by RA 1060).

Art. 218. Failure of accountable officer to render accounts. Any public officer, whether in the

service or separated therefrom by resignation or any other cause, who is required by law or

regulation to render account to the Insular Auditor, or to a provincial auditor and who fails to

do

so for a period of two months after such accounts should be rendered, shall be punished by

prision correccional in its minimum period, or by a fine ranging from 200 to 6,000 pesos, or

both.

Art. 219. Failure of a responsible public officer to render accounts before leaving the country.

Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without

securing a certificate from the Insular Auditor showing that his accounts have been finally

settled,

shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both.

Art. 220. Illegal use of public funds or property. Any public officer who shall apply any public

fund or property under his administration to any public use other than for which such fund or

property were appropriated by law or ordinance shall suffer the penalty of prision correccional

in

its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by

reason

of such misapplication, any damages or embarrassment shall have resulted to the public

service.


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In either case, the offender shall also suffer the penalty of temporary special disqualification.

If no damage or embarrassment to the public service has resulted, the penalty shall be a fine

from 5 to 50 per cent of the sum misapplied.

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

Any public officer under

obligation to make payment from Government funds in his possession, who shall fail to make

such payment, shall be punished by arresto mayor and a fine from 5 to 25 per cent of the sum

which he failed to pay.

This provision shall apply to any public officer who, being ordered by competent authority to

deliver any property in his custody or under his administration, shall refuse to make such

delivery.

The fine shall be graduated in such case by the value of the thing, provided that it shall not less

than 50 pesos.

Art. 222. Officers included in the preceding provisions. The provisions of this chapter shall

apply to private individuals who in any capacity whatever, have charge of any insular, provincial

or municipal funds, revenues, or property and to any administrator or depository of funds or

property attached, seized or deposited by public authority, even if such property belongs to a

private individual.

Chapter Five

INFIDELITY OF PUBLIC OFFICERS

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

evasion. Any public officer who shall consent to the

escape of a prisoner in his custody or charge, shall be punished:

1. By prision correccional in its medium and maximum periods and temporary special

disqualification in its maximum period to perpetual special disqualification, if the fugitive

shall have been sentenced by final judgment to any penalty.

2. By prision correccional in its minimum period and temporary special disqualification, in

case the fugitive shall not have been finally convicted but only held as a detention


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prisoner for any crime or violation of law or municipal ordinance.

Art. 224. Evasion through negligence. If the evasion of the prisoner shall have taken place

through the negligence of the officer charged with the conveyance or custody of the escaping

prisoner, said officer shall suffer the penalties of arresto mayor in its maximum period toprision

correccional in its minimum period and temporary special disqualification.

Art. 225. Escape of prisoner under the custody of a person not a public officer. Any private

person to whom the conveyance or custody or a prisoner or person under arrest shall have

been

confided, who shall commit any of the offenses mentioned in the two preceding articles, shall

suffer the penalty next lower in degree than that prescribed for the public officer.

Section Two. Infidelity in the custody of document

Art. 226. Removal, concealment or destruction of documents. Any public officer who shall

remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:

1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious

damage shall have been caused thereby to a third party or to the public interest.

2. The penalty of prision correccional in its minimum and medium period and a fine not

exceeding 1,000 pesos, whenever the damage to a third party or to the public interest

shall not have been serious.

In either case, the additional penalty of temporary special disqualification in its maximum

period

to perpetual disqualification shall be imposed.

Art. 227. Officer breaking seal. Any public officer charged with the custody of papers or

property sealed by proper authority, who shall break the seals or permit them to be broken,

shall

suffer the penalties of prision correccional in its minimum and medium periods, temporary

special

disqualification and a fine not exceeding 2,000 pesos.


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Art. 228. Opening of closed documents. Any public officer not included in the provisions of

the

next preceding article who, without proper authority, shall open or shall permit to be opened

any

closed papers, documents or objects entrusted to his custody, shall suffer the penalties or

arresto mayor, temporary special disqualification and a fine of not exceeding 2,000 pesos.

Section Three. Revelation of secrets

Art. 229. Revelation of secrets by an officer. Any public officer who shall reveal any secret

known to him by reason of his official capacity, or shall wrongfully deliver papers or copies of

papers of which he may have charge and which should not be published, shall suffer the

penalties of prision correccional in its medium and maximum periods, perpetual special

disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the

delivery of such papers shall have caused serious damage to the public interest; otherwise, the

penalties of prision correccional in its minimum period, temporary special disqualification and a

fine not exceeding 50 pesos shall be imposed.

Art. 230. Public officer revealing secrets of private individual. Any public officer to whom the

secrets of any private individual shall become known by reason of his office who shall reveal

such secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos.

chan robles virtual law library

Chapter Six

OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Art. 231. Open disobedience. Any judicial or executive officer who shall openly refuse to

execute the judgment, decision or order of any superior authority made within the scope of the

jurisdiction of the latter and issued with all the legal formalities, shall suffer the penalties of

arresto mayor in its medium period to prision correccional in its minimum period, temporary

special disqualification in its maximum period and a fine not exceeding 1,000 pesos.

Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior


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officer. Any public officer who, having for any reason suspended the execution of the orders

of

his superiors, shall disobey such superiors after the latter have disapproved the suspension,

shall suffer the penalties of prision correccional in its minimum and medium periods and

perpetual special disqualification.

Art. 233. Refusal of assistance. The penalties of arresto mayor in its medium period to prision

correccional in its minimum period, perpetual special disqualification and a fine not exceeding

1,000 pesos, shall be imposed upon a public officer who, upon demand from competent

authority, shall fail to lend his cooperation towards the administration of justice or other public

service, if such failure shall result in serious damage to the public interest, or to a third party;

otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500

pesos shall be imposed.

Art. 234. Refusal to discharge elective office. The penalty of arresto mayor or a fine not

exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been elected by

popular election to a public office, shall refuse without legal motive to be sworn in or to

discharge

the duties of said office.

Art. 235. Maltreatment of prisoners. The penalty of arresto mayor in its medium period to

prision correccional in its minimum period, in addition to his liability for the physical injuries or

damage caused, shall be imposed upon any public officer or employee who shall overdo himself

in the correction or handling of a prisoner or detention prisoner under his charge, by the

imposition of punishment not authorized by the regulations, or by inflicting such punishment in

a

cruel and humiliating manner.

If the purpose of the maltreatment is to extort a confession, or to obtain some information

from

the prisoner, the offender shall be punished by prision correccional in its minimum period,

temporary special disqualification and a fine not exceeding 500 pesos, in addition to his liability


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for the physical injuries or damage caused.

Section Two. Anticipation, prolongation

and abandonment of the duties and powers of public office.

Art. 236. Anticipation of duties of a public office.

Any person who shall assume the

performance of the duties and powers of any public officer or employment without first being

sworn in or having given the bond required by law, shall be suspended from such office or

employment until he shall have complied with the respective formalities and shall be fined from

200 to 500 pesos.

Art. 237. Prolonging performance of duties and powers. Any public officer shall continue to

exercise the duties and powers of his office, employment or commission, beyond the period

provided by law, regulation or special provisions applicable to the case, shall suffer the

penalties

of prision correccional in its minimum period, special temporary disqualification in its minimum

period and a fine not exceeding 500 pesos.

Art. 238. Abandonment of office or position. Any public officer who, before the acceptance

of

his resignation, shall abandon his office to the detriment of the public service shall suffer the

penalty of arresto mayor.

If such office shall have been abandoned in order to evade the discharge of the duties of

preventing, prosecuting or punishing any of the crime falling within Title One, and Chapter One

of

Title Three of Book Two of this Code, the offender shall be punished by prision correccional in

its

minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to

evade the duty of preventing, prosecuting or punishing any other crime.

Section Three. Usurpation of powers and unlawful appointments

Art. 239. Usurpation of legislative powers. The penalties of prision correccional in its

minimum

period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be


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imposed upon any public officer who shall encroach upon the powers of the legislative branch

of

the Government, either by making general rules or regulations beyond the scope of his

authority,

or by attempting to repeal a law or suspending the execution thereof.

Art. 240. Usurpation of executive functions. Any judge who shall assume any power

pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their

powers, shall suffer the penalty of arresto mayor in its medium period to prision correccional in

its

minimum period.

Art. 241. Usurpation of judicial functions. The penalty of arresto mayor in its medium period

to

prision correccional in its minimum period and shall be imposed upon any officer of the

executive

branch of the Government who shall assume judicial powers or shall obstruct the execution of

any order or decision rendered by any judge within its jurisdiction.

Art. 242. Disobeying request for disqualification. Any public officer who, before the question

of

jurisdiction is decided, shall continue any proceeding after having been lawfully required to

refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos.

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

officer who shall address any order or suggestion to any judicial authority with respect to any

case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the

penalty of arresto mayor and a fine not exceeding 500 pesos.

Art. 244. Unlawful appointments. Any public officer who shall knowingly nominate or

appoint

to any public office any person lacking the legal qualifications therefor, shall suffer the penalty

of

arresto mayor and a fine not exceeding 1,000 pesos.

Section Four. Abuses against chastity


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Art. 245. Abuses against chastity; Penalties. The penalties of prision correccional in its

medium and maximum periods and temporary special disqualification shall be imposed:1. Upon

any public officer who shall solicit or make immoral or indecent advances to a

woman interested in matters pending before such officer for decision, or with respect to

which he is required to submit a report to or consult with a superior officer;

2. Any warden or other public officer directly charged with the care and custody of

prisoners or persons under arrest who shall solicit or make immoral or indecent advances

to a woman under his custody.

If the person solicited be the wife, daughter, sister of relative within the same degree by affinity

of

any person in the custody of such warden or officer, the penalties shall be prision correccionalin

its minimum and medium periods and temporary special disqualification.

LGU Assembly Composition[2]

Head

Autonomous

region

Regional

Legislative

Assembly

24 members:

Lanao del Sur,Maguindanao,Sulu: 6 each, 3

elected from each assembly district

Basilan(exceptIsabela City),Tawi-Tawi: 3 each,

elected at-large

Sectoral representatives

Assembly

speaker

ProvinceSangguniang

Panlalawigan

varies, as of2007:[3]

Cebu,Negros Occidental,Pangasinan: 12 SP

members, 2 elected from each district

All other first class and second class provinces: 10

SP members, with varying number of members per

Vice governor
http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code3-2http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code3-2http://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/Lanao_del_Surhttp://en.wikipedia.org/wiki/Lanao_del_Surhttp://en.wikipedia.org/wiki/Maguindanaohttp://en.wikipedia.org/wiki/Maguindanaohttp://en.wikipedia.org/wiki/Maguindanaohttp://en.wikipedia.org/wiki/Sulu_Provincehttp://en.wikipedia.org/wiki/Sulu_Provincehttp://en.wikipedia.org/wiki/Sulu_Provincehttp://en.wikipedia.org/wiki/Basilanhttp://en.wikipedia.org/wiki/Basilanhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Tawi-Tawihttp://en.wikipedia.org/wiki/Tawi-Tawihttp://en.wikipedia.org/wiki/Tawi-Tawihttp://en.wikipedia.org/wiki/Sangguniang_Panlalawiganhttp://en.wikipedia.org/wiki/Sangguniang_Panlalawiganhttp://en.wikipedia.org/wiki/Sangguniang_Panlalawiganhttp://en.wikipedia.org/wiki/Philippine_general_election,_2007http://en.wikipedia.org/wiki/Philippine_general_election,_2007http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801-3http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801-3http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801-3http://en.wikipedia.org/wiki/Cebuhttp://en.wikipedia.org/wiki/Cebuhttp://en.wikipedia.org/wiki/Negros_Occidentalhttp://en.wikipedia.org/wiki/Negros_Occidentalhttp://en.wikipedia.org/wiki/Negros_Occidentalhttp://en.wikipedia.org/wiki/Pangasinanhttp://en.wikipedia.org/wiki/Pangasinanhttp://en.wikipedia.org/wiki/Pangasinanhttp://en.wikipedia.org/wiki/Pangasinanhttp://en.wikipedia.org/wiki/Negros_Occidentalhttp://en.wikipedia.org/wiki/Cebuhttp://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801-3http://en.wikipedia.org/wiki/Philippine_general_election,_2007http://en.wikipedia.org/wiki/Sangguniang_Panlalawiganhttp://en.wikipedia.org/wiki/Sangguniang_Panlalawiganhttp://en.wikipedia.org/wiki/Tawi-Tawihttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Basilanhttp://en.wikipedia.org/wiki/Sulu_Provincehttp://en.wikipedia.org/wiki/Maguindanaohttp://en.wikipedia.org/wiki/Lanao_del_Surhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code3-2


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district

Third class and fourth class provinces: 8 SP

members, with varying number of members per

district

Fifth class and sixth class provinces: 6 SP

members, with varying number of members per

district

President of the provincial chapter of the Liga ng mga

Barangay

President of the provincial federation of

theSangguniang Kabataan


CitySangguniang

Panlungsod

varies, as of2007:[4]

Manila: 36 councilors, 6 elected from each district

Davao City: 24 councilors, 8 elected from each

district

Quezon City: 24 councilors, 6 elected from each

district

Antipolo,Cagayan de Oro,[5]Cebu

City,Makati,Muntinlupa,Paraaque,Zamboanga

City,Taguig City: 16 councilors, 8 elected from

each district

Rest ofMetro Manila,Calbayog,San Jose del

Monte: 12 councilors, 6 elected from each district

Samal,Sorsogon City: 12 councilors, 4 elected

from each district

Baguio,General Santos,Iloilo City,San Fernando

(La Union),Tuguegarao: 12 councilors, elected at-

large

All other cities: 10 councilors, elected at-large

President of the city chapter of the Liga ng mga

Barangay

President of the city federation of the Sangguniang

Kabataan

Vice mayor
http://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Sangguniang_Panlungsodhttp://en.wikipedia.org/wiki/Sangguniang_Panlungsodhttp://en.wikipedia.org/wiki/Sangguniang_Panlungsodhttp://en.wikipedia.org/wiki/Philippine_general_election,_2007http://en.wikipedia.org/wiki/Philippine_general_election,_2007http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801c-4http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801c-4http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801c-4http://en.wikipedia.org/wiki/Manilahttp://en.wikipedia.org/wiki/Manilahttp://en.wikipedia.org/wiki/Davao_Cityhttp://en.wikipedia.org/wiki/Davao_Cityhttp://en.wikipedia.org/wiki/Quezon_Cityhttp://en.wikipedia.org/wiki/Quezon_Cityhttp://en.wikipedia.org/wiki/Antipolo_Cityhttp://en.wikipedia.org/wiki/Antipolo_Cityhttp://en.wikipedia.org/wiki/Cagayan_de_Orohttp://en.wikipedia.org/wiki/Cagayan_de_Orohttp://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7837-5http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7837-5http://en.wikipedia.org/wiki/Cebu_Cityhttp://en.wikipedia.org/wiki/Cebu_Cityhttp://en.wikipedia.org/wiki/Cebu_Cityhttp://en.wikipedia.org/wiki/Cebu_Cityhttp://en.wikipedia.org/wiki/Makatihttp://en.wikipedia.org/wiki/Makatihttp://en.wikipedia.org/wiki/Makatihttp://en.wikipedia.org/wiki/Muntinlupahttp://en.wikipedia.org/wiki/Muntinlupahttp://en.wikipedia.org/wiki/Muntinlupahttp://en.wikipedia.org/wiki/Para%C3%B1aquehttp://en.wikipedia.org/wiki/Para%C3%B1aquehttp://en.wikipedia.org/wiki/Zamboanga_Cityhttp://en.wikipedia.org/wiki/Zamboanga_Cityhttp://en.wikipedia.org/wiki/Zamboanga_Cityhttp://en.wikipedia.org/wiki/Zamboanga_Cityhttp://en.wikipedia.org/wiki/Taguig_Cityhttp://en.wikipedia.org/wiki/Taguig_Cityhttp://en.wikipedia.org/wiki/Taguig_Cityhttp://en.wikipedia.org/wiki/Metro_Manilahttp://en.wikipedia.org/wiki/Metro_Manilahttp://en.wikipedia.org/wiki/Metro_Manilahttp://en.wikipedia.org/wiki/Calbayoghttp://en.wikipedia.org/wiki/Calbayoghttp://en.wikipedia.org/wiki/Calbayoghttp://en.wikipedia.org/wiki/San_Jose_del_Montehttp://en.wikipedia.org/wiki/San_Jose_del_Montehttp://en.wikipedia.org/wiki/San_Jose_del_Montehttp://en.wikipedia.org/wiki/San_Jose_del_Montehttp://en.wikipedia.org/wiki/Samal_Cityhttp://en.wikipedia.org/wiki/Samal_Cityhttp://en.wikipedia.org/wiki/Sorsogon_Cityhttp://en.wikipedia.org/wiki/Sorsogon_Cityhttp://en.wikipedia.org/wiki/Sorsogon_Cityhttp://en.wikipedia.org/wiki/Baguiohttp://en.wikipedia.org/wiki/Baguiohttp://en.wikipedia.org/wiki/General_Santoshttp://en.wikipedia.org/wiki/General_Santoshttp://en.wikipedia.org/wiki/General_Santoshttp://en.wikipedia.org/wiki/Iloilo_Cityhttp://en.wikipedia.org/wiki/Iloilo_Cityhttp://en.wikipedia.org/wiki/Iloilo_Cityhttp://en.wikipedia.org/wiki/San_Fernando_(La_Union)http://en.wikipedia.org/wiki/San_Fernando_(La_Union)http://en.wikipedia.org/wiki/San_Fernando_(La_Union)http://en.wikipedia.org/wiki/San_Fernando_(La_Union)http://en.wikipedia.org/wiki/Tuguegaraohttp://en.wikipedia.org/wiki/Tuguegaraohttp://en.wikipedia.org/wiki/Tuguegaraohttp://en.wikipedia.org/wiki/Tuguegaraohttp://en.wikipedia.org/wiki/San_Fernando_(La_Union)http://en.wikipedia.org/wiki/San_Fernando_(La_Union)http://en.wikipedia.org/wiki/Iloilo_Cityhttp://en.wikipedia.org/wiki/General_Santoshttp://en.wikipedia.org/wiki/Baguiohttp://en.wikipedia.org/wiki/Sorsogon_Cityhttp://en.wikipedia.org/wiki/Samal_Cityhttp://en.wikipedia.org/wiki/San_Jose_del_Montehttp://en.wikipedia.org/wiki/San_Jose_del_Montehttp://en.wikipedia.org/wiki/Calbayoghttp://en.wikipedia.org/wiki/Metro_Manilahttp://en.wikipedia.org/wiki/Taguig_Cityhttp://en.wikipedia.org/wiki/Zamboanga_Cityhttp://en.wikipedia.org/wiki/Zamboanga_Cityhttp://en.wikipedia.org/wiki/Para%C3%B1aquehttp://en.wikipedia.org/wiki/Muntinlupahttp://en.wikipedia.org/wiki/Makatihttp://en.wikipedia.org/wiki/Cebu_Cityhttp://en.wikipedia.org/wiki/Cebu_Cityhttp://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7837-5http://en.wikipedia.org/wiki/Cagayan_de_Orohttp://en.wikipedia.org/wiki/Antipolo_Cityhttp://en.wikipedia.org/wiki/Quezon_Cityhttp://en.wikipedia.org/wiki/Davao_Cityhttp://en.wikipedia.org/wiki/Manilahttp://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-res7801c-4http://en.wikipedia.org/wiki/Philippine_general_election,_2007http://en.wikipedia.org/wiki/Sangguniang_Panlungsodhttp://en.wikipedia.org/wiki/Sangguniang_Panlungsodhttp://en.wikipedia.org/wiki/Sangguniang_Kabataan


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MunicipalitySangguniang

Bayan

varies:

Pateros, Metro Manila: 12 councilors, 6 elected

from each district All other municipalities: 8 councilors, elected at-

large

President of the municipal chapter of the Liga ng mga

Barangay

President of the municipal federation of the

Sangguniang Kabataan


Vice mayor

Barangay

SangguniangBarangay

7 members elected at-large

Sangguniang Kabataan chairperson

Barangaycaptain

Sangguniang

Kabataan 7 members elected at-large

Sangguniang

Kabataan

chairperson

ARMM assembly districts are similar in territorial composition ofcongressional districts, except for the

Basilan assembly district, which, unlike thecongressional district of Basilan, does not includeIsabela

City, and the 1st Maguindanao assembly district, which, unlike the1st congressional district of

Maguindanao, does not includeCotabato City. Each ARMM assembly district elects 3 members to

theregional assemblythat convenes inCotabato City.Elected officials[edit source|editbeta]

All elected officials have 3-year terms, and can only serve a maximum of three consecutive terms before

being ineligible for reelection.[6]

LGU Official Minimum age (18 is thevoting age[7]

)

Autonomous region

Regional governor 35 years old on election day[8]

Regional vice governor Same as regional governor

Regional legislative assembly

member21 years old on election day[8]
http://en.wikipedia.org/wiki/Sangguniang_Bayanhttp://en.wikipedia.org/wiki/Sangguniang_Bayanhttp://en.wikipedia.org/wiki/Sangguniang_Bayanhttp://en.wikipedia.org/wiki/Pateros,_Metro_Manilahttp://en.wikipedia.org/wiki/Pateros,_Metro_Manilahttp://en.wikipedia.org/wiki/Sangguniang_Barangayhttp://en.wikipedia.org/wiki/Sangguniang_Barangayhttp://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Legislative_districts_of_the_Philippineshttp://en.wikipedia.org/wiki/Legislative_districts_of_the_Philippineshttp://en.wikipedia.org/wiki/Legislative_districts_of_the_Philippineshttp://en.wikipedia.org/wiki/Legislative_district_of_Basilanhttp://en.wikipedia.org/wiki/Legislative_district_of_Basilanhttp://en.wikipedia.org/wiki/Legislative_district_of_Basilanhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Legislative_districts_of_Maguindanao#1st_Districthttp://en.wikipedia.org/wiki/Legislative_districts_of_Maguindanao#1st_Districthttp://en.wikipedia.org/wiki/Legislative_districts_of_Maguindanao#1st_Districthttp://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&action=edit&section=9http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&action=edit&section=9http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&action=edit&section=9http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&veaction=edit&section=9http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&veaction=edit&section=9http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&veaction=edit&section=9http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&veaction=edit&section=9http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Voting_agehttp://en.wikipedia.org/wiki/Voting_agehttp://en.wikipedia.org/wiki/Voting_agehttp://en.wikipedia.org/wiki/Voting_agehttp://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-ra9054-8http://en.wikipedia.org/wiki/Voting_agehttp://en.wikipedia.org/wiki/Voting_agehttp://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&veaction=edit&section=9http://en.wikipedia.org/w/index.php?title=Local_government_in_the_Philippines&action=edit&section=9http://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/wiki/ARMM_Regional_Legislative_Assemblyhttp://en.wikipedia.org/wiki/Cotabato_Cityhttp://en.wikipedia.org/wiki/Legislative_districts_of_Maguindanao#1st_Districthttp://en.wikipedia.org/wiki/Legislative_districts_of_Maguindanao#1st_Districthttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Isabela_Cityhttp://en.wikipedia.org/wiki/Legislative_district_of_Basilanhttp://en.wikipedia.org/wiki/Legislative_districts_of_the_Philippineshttp://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Sangguniang_Kabataanhttp://en.wikipedia.org/wiki/Sangguniang_Barangayhttp://en.wikipedia.org/wiki/Sangguniang_Barangayhttp://en.wikipedia.org/wiki/Pateros,_Metro_Manilahttp://en.wikipedia.org/wiki/Sangguniang_Bayanhttp://en.wikipedia.org/wiki/Sangguniang_Bayan


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Provinces

Governor 23 years old on election day[6]

Vice governor Same as governor

Sangguniang Panlalawigan

memberSame as governor

Highly urbanized cities

Mayor Same as governor

Vice mayor Same as governor

Sangguniang Panlungsod

member (Councilor)Same as governor

Independent component and

component cities

Mayor 21 years old on election day

Vice mayorSame as independent component and

component city mayor[6]


member (Councilor)

Same as independent component and

component city mayor

Municipalities

MayorSame as independent component and


Vice mayor Same as independent component andcomponent city mayor

Sangguniang Bayan member

(Councilor)

Same as independent component and

http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6http://en.wikipedia.org/wiki/Local_government_in_the_Philippines#cite_note-code-6


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Barangay

Barangay captain 18 years old on election day

Barangay kagawad Same as barangay captain


chairperson15 to 21 years old on election day*


member

Same as Sangguniang Kabataan

chairperson*

*a Sangguniang Kabataan official who has surpassed 21 years of age while in office is allowed to serve

for the rest of the term.[2]

Offices that are common to municipalities, cities and provinces[editsource|editbeta]

There are 20 offices in a government, whether it's municipal, city or provincial. There are some mandatory

and optional offices to the government.

Office Head Municipality City Province

Office of the Secretary to the Sanggunian Secretary to theSanggunian

Treasurer's Office Treasurer

Assessor's Office Assessor

Accounting Office Accountant

Budget Office Budget Officer

Planning and Development OfficePlanning and
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Development Coordinator

Engineer's Office Engineer

Health Office Health Officer

Office of the Civil Registry Civil Registrar X

Office of the Administrator Administrator

Office of the Legal Services Legal Officer ?

Office of Agricultural Services/Office of the

AgriculturistAgriculturist ? ?

(Office of) Social Welfare and Development

Office

Social Welfare and

Development Officer?

(Office of) Environment and Natural Resources

Office

Environment and Natural

Resources Officer? ? ?

Office of Architectural Planning and Design Architect ? ? ?

Office of Public Information Information Officer ? ? ?

Office for the Development ofCooperatives/Cooperatives Development Office

Cooperatives Officer X ? ?

Population Office Population Officer ? ? ?


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Veterinary Office/Office of Veterinary Services Veterinarian X

(Office of) General Services Office General Services Officer X

Legend:

Creation and modification of LGUs[edit source|editbeta]

As a matter of principle, higher legislative entities have the power to create, divide, merge, abolish, or

substantially alter boundaries of any lower-level LGU through a law or by an ordinance, all subject to

approval by a majority of the votes cast in a plebiscite to be conducted by the Commission on

Elections(COMELEC) in the local government unit or units directly affected.[2]The Local Government

Code has also set requisites for creating local government units .[2]A summary can be found in the table

below:

LGU Area Population Income

Legislative bodies that can

create, merge, abolish or

substantially alter the

boundaries of the LGU

Province2,000 square

kilometers*250,000*

P20 million for the last

two (2) consecutive

years based on 1991

constant prices

Congress^

City100 square

kilometers*150,000*

P100 million for the last

two (2) consecutive

years based on 2000

constant prices[10]

Congress^

Municipality50 square

kilometers25,000

P2.5 million for the last

two (2) consecutive

years based on 1991

constant prices

Congress

ARMM Regional Assembly

Barangay None

5,000 (Metro

Manilaand highly-

urbanized cities)

2,000 (rest of the

country)

None

Congress

ARMM Regional Assembly

Sangguniang Panlalawigan,

with recommendation from

the concerned Sangguniang
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Bayan(s) required


*either area or population; meeting only one of these requirements is sufficient

^The ARMM Regional Assembly was conferred by Congress (through Article VI, Section 19 of Republic

Act 9054[8]) the power to create or modify lower-level LGUs under its jurisdiction, including provinces and

cities. However, theSupreme Court'sdecision on the unconstitutionalityof the now-defunct province

ofShariff Kabunsuan[11]has effectively confined the regional assembly's powers to creating or modifying

only municipalities and barangays

Chapter 5 - Offenses Against Public Administration

ListenLoading...CHAPTER 5 - OFFENSES AGAINST PUBLIC ADMINISTRATION

ARTICLE 1 - OFFENSES BY PUBLIC OFFICIALS

6-5-101. Definitions.

(a) As used in this article:

(i) "Government" includes any branch, subdivision oragency of the state of Wyoming or any city, town,county, school district orspecial district within it;

(ii) "Governmental function" includes any activitywhich a public servant is legally authorized to undertakeon behalf of agovernment;

(iii) "Harm" means loss, disadvantage or injury;
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(iv) "Pecuniary benefit" is benefit in the form ofproperty, but does not include:

(A) Property with a value of less than twenty dollars ($20.00);

(B) Food or drink or entertainment authorized as a properdeductible expense for income tax purposesunder the United States InternalRevenue Code up to an amount of one hundred dollars ($100.00) peryear; or

(C) Contributions to a political campaign of a public servantas provided in W.S. 22-25-102.

(v) "Public officer" means a person who holds anoffice which is created or granted authority by theconstitution or thelegislature and who exercises a portion of the sovereign power of the state;

(vi) "Public servant" means any officer or employee ofgovernment, including legislators and judges, andany person participating, asjuror, witness, advisor, consultant or otherwise, in performing agovernmentalfunction.

6-5-102. Bribery; penalties.

(a) A person commits bribery, if:

(i) He offers, confers or agrees to confer any pecuniarybenefit, testimonial, privilege or personaladvantage upon a public servant asconsideration for the public servant's vote, exercise of discretion orotheraction in his official capacity; or

(ii) While a public servant, he solicits, accepts or agrees toaccept any pecuniary benefit, testimonial,privilege or personal advantage uponan agreement or understanding that his vote, exercise of discretionor otheraction as a public servant will thereby be influenced.

(b) Bribery is a felony punishable by imprisonment for not morethan ten (10) years, a fine of not morethan five thousand dollars ($5,000.00),or both.

6-5-103. Compensation for past official behavior; penalties.

(a) A person commits an offense if he solicits, accepts oragrees to accept any pecuniary benefit ascompensation for having, as a publicservant, given a decision or vote favorable to another, or for havingotherwiseexercised a discretion in his favor, or for having violated his statutoryduties. For purposes of thissection, "compensation" does not includemere acceptance of an offer of employment.


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(b) Compensation for past official behavior is a felonypunishable by imprisonment for not more than ten(10) years, a fine of not morethan five thousand dollars ($5,000.00), or both.

6-5-104. Soliciting unlawful compensation; penalties.

(a) A public servant commits soliciting unlawful compensationif he solicits, accepts or agrees to accept apecuniary benefit for theperformance of an official action knowing that he was required to performthataction without compensation or at a level of compensation lower than thatrequested.

(b) Soliciting unlawful compensation is a felony punishable byimprisonment for not more than ten (10)years, a fine of not more than fivethousand dollars ($5,000.00), or both.

6-5-105. Designation of supplier; penalties; affirmative defense.

(a) No public servant shall require or direct a bidder orcontractor to deal with a particular person inprocuring any goods or servicerequired in submitting a bid to or fulfilling a contract with any government.

(b) A provision in an invitation to bid or a contract documentwhich violates this section is against publicpolicy and voidable.

(c) It is an affirmative defense that the defendant was apublic servant acting within the scope of his

authority exercising the right toreject any material, subcontractor, service, bond or contract tendered byabidder or contractor because it did not meet bona fide specifications orrequirements relating to quality,availability, experience or financialresponsibility.

(d) Designating a supplier is a misdemeanor punishable byimprisonment for not more than six (6) months,a fine of not more than sevenhundred fifty dollars ($750.00), or both.

6-5-106. Conflict of interest; penalties; disclosure of interest andwithdrawal from participation.

(a) Except as provided by subsection (b) of this section, apublic servant commits an offense if herequests or receives any pecuniarybenefit, other than lawful compensation, on any contract, or for theletting ofany contract, or making any appointment where the government employing orsubject to thediscretion or decisions of the public servant is concerned.

(b) If any public servant discloses the nature and extent ofhis pecuniary interest to all parties concernedtherewith and does not participateduring the considerations and vote thereon and does not attempt to


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influenceany of the parties and does not act for the governing body with respect to thecontracts orappointments, then the acts are not unlawful under subsection (a)of this section. Subsection (a) of thissection does not apply to theoperation, administration, inspection or performance of banking anddepositcontracts or relationships after the selection of a depository.

(c) Violation of subsection (a) of this section is a misdemeanorpunishable by a fine of not more than fivethousand dollars ($5,000.00).

6-5-107. Official misconduct; penalties.

(a) A public servant or public officer commits a misdemeanorpunishable by a fine of not more than fivethousand dollars ($5,000.00), if,with intent to obtain a pecuniary benefit or maliciously to cause harmtoanother, he knowingly:

(i) Commits an unauthorized act relating to his officialduties;

(ii) Refrains from performing a duty imposed upon him by law; or

(iii) Violates any statute relating to his official duties.

(b) A public officer commits a misdemeanor punishable by a fineof not more than seven hundred fiftydollars ($750.00) if he intentionallyfails to perform a duty in the manner and within the time prescribed bylaw.

6-5-108. Issuing false certificate; penalties.

(a) A public servant commits a felony punishable byimprisonment for not more than ten (10) years, a fineof not more than tenthousand dollars ($10,000.00), or both, if he makes and issues an officialcertificate orother official written instrument which he is authorized to makeand issue containing a statement which heknows to be false with intent toobtain a benefit or maliciously to cause harm to another.

(b) A public servant commits a misdemeanor punishable byimprisonment for not more than one (1) year,a fine of not more than onethousand dollars ($1,000.00), or both, if he makes and issues anofficialcertificate or other official written instrument which he is authorized to makeand issue containing astatement which he knows to be false.

6-5-109. Repealed by Laws 1984, ch. 44, 3.


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6-5-110. Wrongful appropriation of public property; penalties.

(a) A public servant who lawfully or unlawfully comes intopossession of any property of any governmentand who, with intent temporarilyto deprive the owner of its use and benefit, converts any of thepublicproperty to his own use or any use other than the public use authorized by lawis guilty of wrongful

appropriation of public property.

(b) Wrongful appropriation is a misdemeanor punishable byimprisonment for not more than one (1) year,a fine of not more than onethousand dollars ($1,000.00), or both.

6-5-111. Failure or refusal to account for, deliver or pay overproperty; penalties.

Apublic servant who fails or refuses to account for, deliver and pay overproperty received by virtue of theoffice, when legally required by the properperson or authority is guilty of a felony punishable by

imprisonment for notmore than five (5) years, a fine of not more than five thousand dollars($5,000.00), orboth.

6-5-112. Mistreating persons in institutions or mental hospital;penalties; no bar to other criminal action.

(a) A person commits a felony punishable by imprisonment fornot more than three (3) years, a fine of notmore than three thousand dollars($3,000.00), or both, if he:

(i) Is an employee of, or is responsible for the care of aperson in, a reformatory, penal or charitableinstitution or a mental hospitaland treats him with unnecessary severity, harshness or cruelty; or

(ii) Is an officer required by law to perform an act with regardto persons in a reformatory, penal orcharitable institution or a mentalhospital and he intentionally refuses or neglects to perform the act.

(b) This section does not bar prosecution, under any othercriminal statute, of a person responsible for thecare of a person in areformatory, penal or charitable institution or a mental hospital, even if healsoviolates this section.

6-5-113. Removal from office after judgment of conviction.

Ajudgment of conviction rendered under W.S. 6-5-102 through 6-5-112 and 6-5-117against any publicservant, except state elected officials, supreme courtjustices, district court judges and circuit court judges,shall result inremoval from office or discharge from employment.


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6-5-114. Notaries public; issuance of certificate without properacknowledgment; penalties.

Anotary public commits a misdemeanor punishable by imprisonment for not more thansix (6) months, afine of not more than seven hundred fifty dollars ($750.00),or both, if he signs and affixes his seal to acertificate of acknowledgmentwhen the party executing the instrument has not first acknowledged

theexecution of the instrument before the notary public, if by law the instrumentis required to be recordedor filed and cannot be filed without a certificateof acknowledgment signed and sealed by a notary public.

6-5-115. Neglect or refusal of ministerial officer to perform duty incriminal case; unnecessary delay inserving warrant; penalties.

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fineof not more than five hundred dollars($500.00), or both, if he is:

(i) A clerk, sheriff, coroner or other ministerial officer whorefuses or neglects to perform any duty he isrequired by law to perform in anycriminal case or proceeding; or

(ii) An officer who unnecessarily delays serving a warrantlegally issued in any criminal case when it is hisduty to execute and in hispower to serve the warrant.

6-5-116. Public officer acting before qualifying; penalty.

Anelected or appointed public officer or his deputy commits a misdemeanorpunishable by a fine of notmore than one thousand dollars ($1,000.00) if heperforms any duty of his office without taking andsubscribing the oathprescribed by law or before giving and filing the bond required by law.

6-5-117. Public officer demanding kickback from deputy; penalties.

Apublic officer who requires a deputy appointed by him to divide or pay back tothe officer a part of thelegal fees of the deputy is guilty of a felonypunishable by imprisonment for not more than three (3) years,a fine of notmore than five thousand dollars ($5,000.00), or both.

6-5-118. Conflict of interest; public investments; disclosurerequired; penalty; definitions.

(a) No public officer or public servant who invests publicfunds for a unit of government, or who hasauthority to decide how public fundsare invested, shall transact any personal business with, receive anypecuniarybenefit from or have any financial interest in any entity, other than agovernmental entity, unlesshe has disclosed the benefit or interest in writingto the body of which he is a member or entity for whichhe is working.Disclosures shall be made annually in a public meeting and shall be made partof the record


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of proceedings. The public officer or public servant shall makethe written disclosure prior to investing anypublic funds in any entity, otherthan a governmental entity, which:

(i) Provides any services related to investment of funds bythat same unit of government; or

(ii) Has a financial interest in any security or otherinvestment made by that unit of government.

(b) A violation of subsection (a) of this section is amisdemeanor punishable by imprisonment for not morethan six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.

(c) The definitions in W.S. 6-5-101 shall apply to this sectionexcept "pecuniary benefit" shall also includebenefits in the form ofservices such as, but not limited to, transportation and lodging. As used inthissection, "personal business" means any activity that is not agovernmental function as defined in W.S. 6-5-101(a)(ii).

ARTICLE 2 - HINDERING GOVERNMENT OPERATIONS

6-5-201. Definitions.

(a) As used in this article:

(i) "Emergency" means a crime or a situation whichcould result in a public official responding in anauthorized emergency vehicleor which could jeopardize public safety and could result in the evacuationofany area, building, structure, vehicle or other place people may enter;

(ii) "Official detention" means arrest, detention in afacility for custody of persons under charge orconviction of crime or allegedor found to be delinquent, detention for extradition or deportation,ordetention in any manner and in any place for law enforcement purposes."Official detention" does notinclude supervision on probation orparole or constraint incidental to release on bail;

(iii) "Relative" means a grandparent, grandchild,mother, father, husband, wife, sister, brother or child; and

(iv) "Render assistance" means to:

(A) Harbor or conceal the person;


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(B) Warn the person of impending discovery or apprehension,excluding an official warning given in aneffort to bring the person intocompliance with the law;

(C) Provide the person with money, transportation, weapon,disguise or other thing to be used in avoidingdiscovery or apprehension;

(D) By force, intimidation or deception, obstruct anyone in theperformance of any act which might aid inthe discovery, detection,apprehension, prosecution, conviction or punishment of the person; or

(E) Conceal, destroy or alter any physical evidence that mightaid in the discovery, detection,apprehension, prosecution, conviction orpunishment of the person.

6-5-202. Accessory after the fact; penalties.

(a) A person is an accessory after the fact if, with intent tohinder, delay or prevent the discovery,detection, apprehension, prosecution,detention, conviction or punishment of another for the commissionof a crime,he renders assistance to the person.

(b) An accessory after the fact commits:

(i) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than threethousand dollars ($3,000.00), or both,if the crime is a felony and the person acting as an accessory is notarelative of the person committing the crime;

(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more thanseven hundred fifty dollars ($750.00),or both, if:

(A) The crime is a felony and the person acting as an accessoryis a relative of the person committing thecrime;

(B) The crime is a misdemeanor and the person acting as anaccessory is not a relative of the person

committing the crime; or

(C) The principal is a minor.

(iii) No violation if the crime is a misdemeanor and the personacting as an accessory is a relative of theperson committing the crime.


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6-5-203. Compounding; penalties.

(a) A person commits compounding if, knowing of the actualcommission of a crime or the violation of a

statute for which a penalty orforfeiture is prescribed, he takes property or accepts an offer ofpropertyupon an agreement or understanding, express or implied, to:

(i) Compound or conceal the crime or violation;

(ii) Abstain from prosecuting the crime or violation;

(iii) Withhold evidence of the crime or violation; or

(iv) Encourage or procure the absence of witnesses or testimonyat the examination or trial of the crime orviolation.

(b) A person commits compounding of a crime or a violation of astatute for which a penalty or forfeiture isprescribed if he takes property oraccepts an offer of property upon an agreement or understanding,express orimplied, to:

(i) Compound, discontinue or delay a pending prosecution forthe crime or violation;

(ii) Withhold evidence of the crime or violation; or

(iii) Encourage or procure the absence of witnesses or othertestimony at the examination or trial of thecrime or violation.

(c) Compounding is:

(i) A misdemeanor punishable by imprisonment for not more thanone (1) year, a fine of not more than twothousand dollars ($2,000.00), orboth:

(A) Under subsection (b) of this section;

(B) If a misdemeanor is compounded; or


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(C) If a violation of a statute for which a penalty orforfeiture is prescribed is compounded.

(ii) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than three

thousand dollars ($3,000.00), or bothif a felony punishable by imprisonment is compounded;

(iii) A felony punishable by imprisonment for not more than five(5) years, a fine of not more than fivethousand dollars ($5,000.00), or both,if a felony punishable by death is compounded.

6-5-204. Interference with peace officer; disarming peace officer;penalties.

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine ofnot more than one thousand dollars($1,000.00), or both, if he knowingly obstructs, impedes or interferes

with orresists arrest by a peace officer while engaged in the lawful performance ofhis official duties.

(b) A person who intentionally and knowingly causes or attemptsto cause bodily injury to a peace officerengaged in the lawful performance ofhis official duties is guilty of a felony punishable by imprisonment fornotmore than ten (10) years.

(c) A person who intentionally and knowingly disarms a peaceofficer of his firearm while that peace officeris engaged in the lawfulperformance of his official duties is guilty of a felony punishable byimprisonmentfor not more than five (5) years.

(d) For the purposes of this section only, "peaceofficer" means as defined in W.S. 6-1-104(a)(vi) and alsoincludes anyperson employed by the state department of corrections on a full-time basis asa probationand parole agent or supervisor to assess, supervise, monitor,track, visit or control persons who arereleased from incarceration underconditions of parole or who are sentenced under conditions ofprobation.

6-5-205. Running manned roadblock; penalties.

Aperson commits a misdemeanor punishable by imprisonment for not more than six(6) months, a fine of

not more than seven hundred fifty dollars ($750.00), orboth, if he proceeds or travels through a roadblockwhich is supervised by auniformed peace officer without stopping and obeying the instructions ofthepeace officer.

6-5-206. Escape from official detention; penalties.


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(a) A person commits a crime if he escapes from officialdetention. Escape is:

(i) A felony punishable by imprisonment for not more than ten(10) years, if the detention is the result of aconviction for a felony;

(ii) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than threethousand dollars ($3,000.00), or both,if the detention is the result of:

(A) A conviction for a misdemeanor; or

(B) An arrest or charge for a crime.

6-5-207. Escape by violence or assault, or while armed; penalty.

Aperson commits a felony punishable by imprisonment for not more than ten (10)years if he escapes fromofficial detention by violence or while armed with adeadly weapon or by assault upon a person in chargeof the detention.

6-5-208. Taking controlled substances or liquor into jails, penalinstitutions or mental hospitals; penalties.

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for not

more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both, if thatperson takes or passes anycontrolled substance or intoxicating liquor into a jail, a state penalinstitution,the Wyoming boys' school, Wyoming girls' school, a correctional facilityoperated by a privateentity pursuant to W.S. 7-22-102 or the state hospital.

6-5-209. Taking deadly weapons into jails, penal institutions ormental hospitals; penalties.

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for notmore than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both, if that persontakes or passes a deadlyweapon into a jail, a state penal institution, the Wyoming boys' school,Wyoming

girls' school, a correctional facility operated by a private entitypursuant to W.S. 7-22-102 or the statehospital.

6-5-210. False reporting to authorities; penalties.

(a) A person who knowingly reports falsely to a law enforcementagency or a fire department that:


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(i) A crime has been committed is guilty of a misdemeanorpunishable by imprisonment for not more thansix (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both;

(ii) An emergency exists is guilty of a misdemeanor punishableby imprisonment for not more than one (1)year, a fine of not more than onethousand dollars ($1,000.00), or both;

(iii) An emergency exists, when the false report results in anyperson suffering serious bodily harm, isguilty of a felony punishable byimprisonment for not more than five (5) years, a fine of not more thanfivethousand dollars ($5,000.00), or both;

(iv) An emergency exists, when the false report results in thedeath of any person, is guilty ofmanslaughter punishable as provided in W.S.6-2-105.

6-5-211. Injuring or killing a police dog, fire dog, search andrescue dog or police horse prohibited;penalties.

(a) Any person who knowingly, willfully and without lawfulcause or justification permanently disables orinflicts death upon any animaldefined in subsection (b) of this section shall be liable for restitution byorderof a court and shall be guilty of a felony punishable by imprisonment fornot more than ten (10) years, afine of not more than ten thousand dollars($10,000.00), or both.

(b) As used in this section:

(i) "Police dog" means any dog that is owned, or theservice of which is employed, by a law enforcementor corrections agency forthe principal purpose of aiding in the detection of criminal activity,enforcement oflaws or apprehension of offenders;

(ii) "Police horse" means any horse that is owned, orthe service of which is employed, by a lawenforcement or corrections agency forthe principal purpose of aiding in the detection of criminalactivity,enforcement of laws or apprehension of offenders;

(iii) "Fire dog" means any dog that is owned, or theservice of which is employed, by a fire department, aspecial fire district orthe state fire marshal for the principal purpose of aiding in the detection offlammablematerials or the investigation of fires;

(iv) "Search and rescue dog" means any search andrescue dog that is owned, or the service of which isutilized, by a firedepartment, a law enforcement or corrections agency, a special fire district orthe statefire marshal for the principal purpose of aiding in the detection ofmissing persons, including persons who


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are lost, who are trapped under debrisas a result of a natural, manmade or technological disaster or whoare drowningvictims.

6-5-212. Interference with emergency calls.

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fineof not more than seven hundred fiftydollars ($750.00), or both, if he knowingly obstructs, prevents,hinders orotherwise interferes with the making or completion of a telephone call to a 911emergencyreporting system or other telephone or radio communication by anotherperson to any law enforcementagency to request protection or other assistancefrom the law enforcement agency or to report thecommission of a crime.

(b) For purposes of this section "911 emergency reportingsystem" means as defined by W.S. 16-9-102(a)(iv).

6-5-213. Taking contraband into penal institutions or correctionalfacilities; definitions; penalties.

(a) Except as authorized by a person in charge, no personshall:

(i) Intentionally convey or attempt to convey contraband to aperson confined in a penal institution orcorrectional facility; or

(ii) Intentionally make, obtain or possess contraband if theperson is officially confined in a penal institutionor correctional facility.

(b) Any person who violates any provision of subsection (a) ofthis section is guilty of a misdemeanorpunishable by imprisonment for not morethan one (1) year, a fine of not more than two thousand dollars($2,000.00), orboth.

(c) As used in this section:

(i) "Contraband" means:

(A) Cellular telephone or other unauthorized electroniccommunications device;

(B) Cigarette or other tobacco product;


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(C) Money;

(D) Any tool or other item that may be used to facilitateescape from the custody of the penal institution orcorrectional facility; or

(E) Any other item that the person confined in the officialcustody of a penal institution or correctionalfacility is prohibited by lawfrom making, obtaining or possessing.

(ii) "Penal institution or correctional facility"means a jail, a state penal institution or a correctional facilityoperated bya private entity pursuant to W.S. 7-22-102.

ARTICLE 3 - PERJURY AND CRIMINAL FALSIFICATION

6-5-301. Perjury in judicial, legislative or administrativeproceedings; penalties.

(a) A person commits perjury if, while under a lawfullyadministered oath or affirmation, he knowinglytestifies falsely or makes afalse affidavit, certificate, declaration, deposition or statement, in ajudicial,legislative or administrative proceeding in which an oath oraffirmation may be required by law, touching amatter material to a point inquestion.

(b) Perjury is a felony punishable by imprisonment for not morethan five (5) years, a fine of not more thanfive thousand dollars ($5,000.00),or both.

6-5-302. Proof of solicitation of perjury.

Ina trial for soliciting perjury, no conviction shall be had on the evidence ofthe person solicited,unsupported by other testimony.

6-5-303. False swearing in nonjudicial or nonadministrativeproceeding; false claims or vouchers;penalties.

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of notmore than two thousand dollars($2,000.00), or both, if, while under a lawfully administered oathoraffirmation in a matter where an oath is authorized by law, he knowingly makesa false certificate,affidavit, acknowledgment, declaration or statement otherthan in a judicial or administrative proceeding.


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(b) A person is guilty of a felony punishable by imprisonmentfor not more than two (2) years, a fine of notmore than two thousand dollars($2,000.00), or both, if he knowingly submits a false claim or voucherwithintent to defraud.

(c) A person who knowingly makes a false certification underW.S. 1-2-104 is guilty of a felony punishable

by imprisonment for not more thantwo (2) years, a fine of not more than two thousand dollars ($2,000.00),orboth.

6-5-304. Offering mining claims for filing without meeting legalprerequisites; penalties.

Aperson commits a felony punishable by imprisonment for not more than two (2)years, a fine of not morethan two thousand dollars ($2,000.00), or both, if heoffers a location certificate for a placer mining claimor a lode claim or anaffidavit of assessment work to be filed with a county clerk's office knowingthe claim,certificate or affidavit was not preceded by a proper location ofthe claim physically upon the ground byestablishing a proper notice of claimand designating the surface boundaries as required by law.

6-5-305. Influencing, intimidating or impeding jurors, witnesses andofficers; obstructing or impedingjustice; penalties.

(a) A person commits a felony punishable by imprisonment fornot more than ten (10) years, a fine of notmore than five thousand dollars($5,000.00), or both, if, by force or threats, he attempts toinfluence,intimidate or impede a juror, witness or officer in the discharge of his duty.

(b) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of

not more than one thousand dollars($1,000.00), or both, if, by threats or force, he obstructs or impedestheadministration of justice in a court.

6-5-306. Refusal to appear or testify; avoidance of service;penalties; summary proceedings for contempt.

(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, afine of not more than sevenhundred fifty dollars ($750.00), or both, if he:

(i) Refuses or intentionally fails to obey a lawful subpoena orcitation which has been served upon him;

(ii) Secretes himself or leaves his residence to avoid beingserved with a subpoena; or

(iii) Refuses to take an oath or affirmation or, being sworn oraffirmed, refuses to answer a questionrequired by the court or presidingofficer.


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(b) This section shall not prevent summary proceedings forcontempt.

6-5-307. Usurpation; penalties.

Aperson is guilty of usurpation if he falsely represents himself to be a publicservant with the intent toinduce anyone to submit to the pretended official authorityor to act in reliance upon the pretense to hisdetriment. Usurpation is amisdemeanor punishable by imprisonment for not to exceed six (6) months, afineof not more than seven hundred fifty dollars ($750.00), or both.

6-5-308. Penalty for filing false document.

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of not

more than two thousand dollars($2,000.00), or both, if he files with the secretary of state and willfullyorknowingly:

(i) Falsifies, conceals or covers up by any trick, scheme ordevice a material fact;

(ii) Makes any materially false, fictitious or fraudulentstatement or representation; or

(iii) Makes or uses any false writing or document knowing thesame to contain any materially false,fictitious or fraudulent statement orentry.

- See more at:http://statutes.laws.com/wyoming/Title6/chapter5#sthash.u6kU6NkP.dpuf

THE LAW OF PUBLIC OFFICERSDefine Appointment. Discuss its nature.

Held: An appointmentto a public office is the unequivocal act of designating or selecting by one having

the authority therefor of an individual to discharge and perform the duties and functions of an office ortrust. The appointment is deemed complete once the last act required of the appointing authority has been

complied with and its acceptance thereafter by the appointee in order to render it effective. Appointment

necessarily calls for an exercise of discretion on the part of the appointing authority. In Pamantasan ng

Lungsod ng Maynila v. Intermediate Appellate Court, reiterated in Flores v. Drilon, this Court has held:

The power to appoint is, in essence, discretionary. The appointing power has the right of choice which he

may exercise freely according to his judgment, deciding for himself who is best qualified among those who

have the necessary qualifications and eligibilities. It is a prerogative of the appointing power x x x.
http://statutes.laws.com/wyoming/Title6/chapter5#sthash.u6kU6NkP.dpufhttp://statutes.laws.com/wyoming/Title6/chapter5#sthash.u6kU6NkP.dpufhttp://statutes.laws.com/wyoming/Title6/chapter5#sthash.u6kU6NkP.dpufhttp://statutes.laws.com/wyoming/Title6/chapter5#sthash.u6kU6NkP.dpuf


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Indeed, it may rightly be said that the right of choice is the heart of the power to appoint. In the exercise of

the power of appointment, discretion is an integral thereof. (Bermudez v. Torres, 311 SCRA 733, Aug.

4, 1999, 3rdDiv. [Vitug])

May the Civil Service Commission, or the Supreme Court, validly nullify an appointment on the

ground that somebody else is better qualified?

Held: The head of an agency who is the appointing power is the one most knowledgeable to decide who

can best perform the functions of the office. Appointment is an essentially discretionary power and must beperformed by the officer vested with such power according to his best lights, the only condition being that

the appointee should possess the qualifications required by law. If he does, then the appointment cannot be

faulted on the ground that there are others better qualified who should have been preferred. Indeed, this is

a prerogative of the appointing authority which he alone can decide. The choice of an appointee from

among those who possess the required qualifications is a political and administrative decision calling for

considerations of wisdom, convenience, utility and the interests of the service which can best be made by

the head of the office concerned, the person most familiar with the organizational structure and

environmental circumstances within which the appointee must function.

As long as the appointee is qualified the Civil Service Commission has no choice but to attest to and respect

the appointment even if it be proved that there are others with superior credentials. The law limits the

Commissions authority only to whether or not the appointees possess the legal qualifications and the

appropriate civil service eligibility, nothing else. If they do then the appointments are approved because the

Commission cannot exceed its power by substituting its will for that of the appointing authority. Neither canwe. (Rimonte v. CSC, 244 SCRA 50

public officer 1

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