CRIMES COMMITTED BY PUBLIC OFFICERS

TITLE SEVEN

Art. 203 - Who are Public Officers

Requisites:
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, of any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public duties must be
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent authority.

Misfeasance, Malfeasance, Nonfeasance

Misfeasance is the improper performance of some act which might lawfully be done.
• Ex: Knowingly rendering unjust judgment (Art. 204)
Malfeasance is the performance of some act which ought not to be done.
•Ex. Direct and/or Indirect Bribery (Art. 210 and 211)
Nonfeasance is the omission of some act which ought to be performed.
• Ex. Dereliction of Duty (Art. 208)

Art. 204 - Knowingly rendering unjust judgment

Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.
 Judgment is the final consideration and determination of a court of competent jurisdiction upon the matters
submitted to it, in an action or proceeding.

Art. 205 - Judgment rendered through negligence

Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is manifest unjust;
4. That it is due to his inexcusable negligence or ignorance.
 Manifestly unjust judgment is contrary to law, that even : person having a meager knowledge of the law
cannot doubt the injustice.

Art. 206 - Unjust interlocutory order

Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
3. Knowingly renders unjust interlocutor order or decree; or
4. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or ignorance.
*Interlocutory order is an order which is issued by the court 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.

Art. 207 - Malicious delay in the administration of justice

Elements:
1. That the offender is a judge;
2. That there is proceeding in his court;
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict damage
on either party in the case.
Art. 208 - Prosecution of offenses; negligence and tolerance.
Elements: Dereliction of Duties
1. That the offender is a public officer or officer of the law who has a duty to cause the prosecution of, or to
prosecute, offenses;
2. That there is 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. That the offender acts with malice and deliberate intent to favor the violator of the law.

Art. 209 - Betrayal of trust by an attorney or solicitor - revelation of secrets.

Acts Punished: Betrayal of Trust by Attorney
1. By causing damage to his client, either (1) by any malicious breach of professional duty, (2) by inexcusable
negligence or ignorance.
2. By revealing any of the secrets of his client learned by him in his professional capacity.
3. By 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 or after having received confidential information
from said client.

Art. 210 - Direct Bribery

Acts Punishable:
1. By agreeing to perform, or by 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. By 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. By 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. That the offender be a public officer within the scope of Article 203;
2. That the offender accepts an offer or a promise or receives a gift or present by himself or through another;
3. That such offer or promise be accepted, or gift or present received by the public officer –
a. With a view to committing some crime; or
b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust;
c.To refrain from doing something which it is his official duty to do.
4. That the act which the offender agrees to perform or which he executes be connected with the performance
of his official duties.

 The temporary performance of public functions is sufficient to constitute a person a public officer
 Gift is either (1) voluntarily offered by a private person, or (2) solicited by a public officer
 Gift or present need not be actually received by the public officer, as an accepted offer or promise of gift is
sufficient The offer of gift or promise must be accepted by the public officer
 The gift or present must have a value or be capable of pecuniary estimation

First Form/Paragraph:
 By agreeing to perform, or by performing, in consideration of any offer, promise, gift or present - an act
constituting a crime, in connection with the performance of his official duties.
 Ex. The stenographer of the court accepted a promise of P100.00 from an individual and promised to alter
the notes taken by him during the trial of a case. The act would constitute the crime of falsification (Art.
171)

Second Form/Paragraph:
 Direct bribery under the second paragraph has the same elements under the first paragraph, but the act
intended by the public officer does not amount to a crime.
  Ex. The treasurer who, in consideration of money or present, awards certain stalls in the public market to a
Chinaman, in spite of the fact that there are Filipinos who have better rights. This act of the treasurer is not
a crime but it is unjust.

Third Form/Paragraph:
 The object for which the gifts is received or promised is to make the public officer refrain from doing
something which it is his official duty to do.
 Ex. LTO employees who demanded and received protection money from a taxi operator so that they would
not apprehend his drivers and impound his vehicles for violations of LTO rules. Prevaricacion is committed
in the same way, except that the element, "in consideration of a gift received or promised" is not necessary.

Art. 211 - Indirect Bribery

Elements:
1. That the offender is a public officer;
2. That he accepts gifts;
3. That the said gifts are offered to him by reason of his office
Note: Gift is usually given to the public officer in anticipation of future favor from the public officer.

Distinctions
Direct Bribery
o There is an agreement between the public officer and the giver of the gift or present
o Offender agrees to perform an act or refrains from doing something, because of the gift or promise
Indirect Bribery
 No such agreement exists
 Not necessary that the officer should do anv particular act or even promise to do an act, as it is enough that
he accepts gifts offered to him by reason of his office

Art. 211-A - Qualified Bribery

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

Art. 212 - Corruption of Public Officials

Elements:
1. That the offender makes offers or promises or gives gifts or presents to a public officer;
2. That 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.
Note: The offender in corruption of public officer is the giver of gift or offeror or promise.

RA No 3019 - Anti-Graft & Corrupt Practices Act

Acts Punishable:
1. 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.
2. 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
party, wherein the public officer in his official capacity has to intervene under the law.

RA No 7080 - PLUNDER
  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 as described in Section 1 (d) hereof
in the aggregate amount or total value of at least Fifty Million Pesos (P50,000,000.00) shall be guilty of the
crime of Plunder and shall be punished by reclusion perpetua to death.
 Ill-gotten wealth means any asset, property, business enterprise or material possession of any person,
acquired by him directly or indirectly through dummies, nominees, agents, subordinates and/or business
associates by any combination or series.

Elements:
1. That the offender is a public officer who acts by himself or in connivance with members of his family,
relatives by affinity or consanguinity, business associates, subordinates or other persons;
2. That he amassed, accumulated or acquired ill-gotten wealth through a combination or series of the
following overt or criminal acts;
3. That the aggregate amount or total value of the ill-gotten wealth amassed, accumulated or acquired is at
least P50,000,000.00. (Estrada vs. Sandiganbayan)

Art. 213 - Frauds against the public treasury and similar offenses
Acts Punishable:
 By 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.
 By demanding directly or indirectly, the payment of sums different from or larger than those authorized by
law, in the collection of taxes, licenses, fees and other imposts.

Elements: Par. 1
1. That the offender be a public officer;
2. That he should have taken advantage of his office, that is, he intervened in the transaction in his official
capacity:
3. That he entered into an agreement with any interested part or speculator or made use of an other scheme
with regard to (1) furnishing supplies, (2) the making of contracts, or (3) the adjustment or settlement of
accounts relating to public property or funds;

Art. 214 - Other Frauds

Elements:
1. That the offender is a public officer;
2. That he takes advantage of his official position;
3. That he commits any of the frauds or deceits enumerated in Articles 315 to 318.

Art. 215 - Prohibited Transactions

Elements:
1. That the offender is an appointive public officer;
2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation;
3. That the transaction takes place within the territory subject to his jurisdiction;
4. That he becomes interested in the transaction during his incumbency.

Art. 216 - Possession of prohibited interest by a public officer

Persons Liable:
1. Public officer who, directly or indirectly, became interested in any contract of 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.

Acts Punishable:
 1. By appropriating public funds or property.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence, permitting any other person to take such public
funds or property.
4. By being otherwise guilty of the misappropriation or malversation of such funds or property.

Art. 217 - Malversation of public funds or property

Elements: (common to all)
1. That the offender be a public officer;
2. That he had the custody or control of funds or property by reason of the duties of his office;
3. That those funds or property were public funds or property for which he was accountable;
4. That he appropriated, took, misappropriated or consented or, through abandonment or negligence,
permitted another person to take them

Art. 218 - Failure of accountable officer to render accounts

Elements:
1. That the offender is a public officer, whether in the service or separated therefrom;
2. That he must be an accountable officer for public funds or property;
3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a provincial
auditor;
4. That he fails to do so for a period of two months after such accounts should be rendered.

Art. 219 - Failure of a responsible public officer to render accounts before leaving the country
Elements:
1. That the offender is a public officer;
2. That he must be an accountable officer for public funds or property;
3. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his accounts have been finally settled.

Art. 220 - Illegal use of public funds or property

Elements:
1. That the offender is a public officer;
2. That there is public fund or property under his administration;
3. That such public fund or property has been appropriated by law or ordinance;
4. That he applies the same to a public use other than that for which such fund or property has been
appropriated by law or ordinance.

Distinctions
Article 217
o The offender in certain cases profits from the proceeds of the crime
o Public fund or property is applied to personal use and benefit of the offender or of another person.
Article 220
o The offender does not derive anv personal gain or profit
o Public fund or property is applied to another public use.

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

Acts Punishable:
1. By failing to make payment by a public officer who is under obligation to make such payment from
government funds in his possession.
2. By 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.

Art. 222 - Officers included in the preceding provisions

Private individuals who may be liable:
 1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal
funds, revenue, or property.
2. Administrator or depository of funds or property attached, seized or deposited by public authority, even if
such property belongs to a private individual.

Art. 223 - Conniving with or consenting to evasion

Elements:
1. That the offender is a public officer;
2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final judgment;
3. That such prisoner escaped from his custody;
4. That he was in connivance with the prisoner in the latter's escape.

Art. 224 - Evasion through negligence

Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by
final judgment;
That such prisoner escapes through his negligence.
Ex. A policemen who, assigned to guard a prisoner, falls asleep, with the result that the prisoner escapes, is guilty of
negligence in the custody of a prisoner (People vs. Guiab).

Art. 226 - Removal, concealment or destruction of documents

Elements:
1. That the offender be a public officer;
2. That he abstracts, destroys or conceals documents or papers;
3. That the said documents or papers should have been entrusted to such public officer by reason of his office;
4. That damage, whether serious or not, to a third party or to the public interest should have been caused

Art. 227 - Officer breaking seal

Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by proper authority;
4. That he breaks the seals or permits them to be broken.

Art. 228 - Opening of closed documents

Elements:
1. That the offender is a public officer;
2. That any closed papers, documents or objects are entrusted to his custody;
3. That he opens or permits to be opened said closed papers, documents or objects;
4. That he does not have proper authority.

Art. 229 - Revelation of secrets by an officer

Elements: Par. 1
1. That the offender is a public officer;
2. That he knows of a secret by reason of his official capacity;
3. That he reveals such secret without authority or justifiable reasons;
4. That damage, great or small, be caused to the public interest.

Elements: Par. 2
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
 5. That the delivery is wrongful;
6. That damage be caused to public interest.

Art. 231 - Open disobedience

Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior authority;
3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior
authority and issued with all legal formalities;
4. That the offender without any legal justification openly refuses to execute the said judgment, decision
or order, which he is duty bound to obey.

Art. 232 - Disobedience to order of superior officer, when said order was suspended by inferior officer
Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such order;
4. That his superior disapproves the suspension of the execution of the order;
5. That the offender disobeys his superior despite the disapproval of the suspension.

Art. 233 - Refusal of assistance

Elements:
1. That the offender is a public officer;
2. That a competent authority demands from the offender that he lend his cooperation towards the
administration of justice or other public service;
3. That the offender fails to do so maliciously.
Ex. A chief of police who flatly and insolently refuses to serve summons of a provincial fiscal, after having
been duly requested to do so by the latter official, is guilty of a violation of this article.

Art. 234 - Refusal to discharge elective office

Elements:
1. That the offender is elected by popular election to a public office;
2. That he refuses to be sworn in or to discharge the duties of said office;
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

Art. 235 - Maltreatment of prisoners

Elements:
1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner or detention prisoner;
3. That 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 prisoner to extort a confession or to obtain some information from the prisoner.

Art. 236 - Anticipation of duties of a public office

Elements:
1. That the offender is entitled to hold a public office or employment, either by election or appointment;
2. That the law requires that he should first be sworn in and/or should first give a bond;
3. That he assumes the performance of the duties and powers of such office;
4. That he has not taken his oath of office and/or given the bond required by law.

Art. 237 - Prolonging performance of duties and powers

Elements:
 1. That the offender is holding a public office;
2. That the period provided by law, regulations or special provisions for holding such office, has already
expired;
3. That he continues to exercise the duties and powers of such office.

Art. 238 - Abandonment of office or position

Elements:
1. That the offender is a public officer;
2. That he formally resigns from his position;
3. That his resignation has not yet been accepted;
4. That he abandons his office to the detriment of the public service.

Art. 239 - Usurpation of legislative power

Elements:
1. That the offender is an executive or judicial officer;
2. That he (a) makes general rules or regulations beyond the scope of his authority, or (b) attempts to repeal a
law, or (c) suspends the execution thereof.

Art. 240 - Usurpation of executive functions

Elements:
1. That the offender is a judge;
2. That he (a) assumes a power pertaining to the executive authorities, or (b) obstructs the executive
authorities in the lawful exercise of their powers.

Art. 241 - Usurpation of judicial functions

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

Art. 242 - Disobeying request for disqualification

Elements:
1. That the offender is a public officer;
2. That a proceeding is pending before such public officer;
3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet
decided;
4. That he has been lawfully required to refrain from continuing the proceeding;
5. That he continues the proceeding.

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

Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any judicial authority;
3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the
courts of justice.

Art. 244 - Unlawful appointments

Elements:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualifications therefor;
4. That the offender knows that his nominee or appointee lacks the qualifications at the time he made the
nomination or appointment.
Art. 245 - Abuses against chastity
Elements:
1. That the offender is a public officers;
2. That he solicits or makes immoral or indecent advances to a woman;
3. That such woman must be -
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.