TITLE SIX

CRIMES AGAINST PUBLIC MORALS (Articles 200 – 202)

ARTICLE 200 – GRAVE SCANDAL

Grave Scandal – a highly scandalous act offensive to good morals, good customs and
decency committed in a public place or within public knowledge or public view.

ELEMENTS:

1. The offender performs an act or acts

2. Such act or acts be HIGHLY SCANDALOUS as offending against decency or good

➢ It is necessary that the act must be highly scandalous and offensive to morals,
offensive to decency and offensive to good customs.

3. That the highly scandalous conduct is not expressly falling within any other article of
this Code.

➢ The third element requires that it must not expressly fall within any other article
of this code. It must not constitute any other violation in the RPC. Grave scandal
is a crime of last resort because you only file a complaint for grave scandal
when the said act is not punishable under any other article in the RPC.

4. The act or act complained of be committed in a public place or within the public
knowledge or view.

➢ Then the fourth element provides that the highly scandalous act must be
committed either in a public place or within public knowledge or view. If the highly
scandalous act is committed in a public place, the crime of grave scandal will
immediately arise. The place being public, the law presumes that someone may
have witnessed the commission of the highly scandalous act. However, if the
crime is committed or if the highly scandalous act is committed in a private place,
for the crime of grave scandal to arise, it is necessary that it must be witnessed
by one or more persons to be said that it is within the public knowledge or public
view.
 TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS (Articles 203 – 245)

ARTICLE 210 – DIRECT BRIBERY

ACTS PUNISHABLE:
I. 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.

ELEMENTS:
1. The offender be a public officer within the scope of Article 203
2. 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 received by the public officer with a
view of committing some crime.
4. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties.

II. 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.

ELEMENTS:
1. The offender be a public officer within the scope of Article 203
2. 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 received by the public officer in
consideration of the execution of an act, which does not constitute a crime, but
the act must be unjust
4. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties.

III. 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. The offender be a public officer within the scope of Article 203
2. 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 received by the public officer to
refrain from doing something which it is his official duty to do so.
4. That the act which the offender agrees to perform or which he executes be
connected with the performance of his official duties.
ARTICLE 211 – INDIRECT BRIBERY

ELEMENTS:
1. The offender is a public officer
2. That he accepts gifts
3. That the gifts are offered to him by reason of his office.

➢Indirect Bribery is committed if the public officer accepts any gift or present by
reason of his office that he owns. In case of indirect bribery, the public officer is not
deemed required to do a thing. By the MERE ACCEPTANCE, indirect bribery is
consummated. NO ACCEPTANCE, NO CRIME IS COMMITTED.

➢ It is always in the consummated stage because the public officer is not being
asked to do an act. The gift was merely given and accepted because of his office.

ARTICLE 211-A – QUALIFIED BRIBERY

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

➢ Qualified bribery is committed by any public officer who is in charge with the
enforcement of the law. So, in order to amount to qualified bribery, it is necessary
that the offender whom the public officer does not want to prosecute must have
committed a crime punishable by reclusion perpetua and/or death.
➢ If the public officer himself solicits the bribe, the penalty is death

ARTICLE 212 – CORRUPTION OF PUBLIC OFFICIALS

ELEMENTS:
1. The offender makes or offers promises or gifts or presents to a public officer.
2. That the offers or promises are made or the gifts 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.

ARTICLE 223 – CONNIVING WITH OR CONSENTING TO EVASION

ELEMENTS:
1. Offender is a public officer
2. He has in his custody or charge a prisoner, either detention prisoner or prisoner by
final judgment
3. Such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s escape, or is with his
consent

ARTICLE 224 – EVASION THROUGH NEGLIGENCE

ELEMENTS:
1. Offender is a public officer
2. He is charged with the conveyance or custody of a prisoner, either detention prisoner
or prisoner by final judgment
3. Such prisoner escapes through his negligence

ARTICLE 225 – ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON

ELEMENTS:
1. Offender is a private individual
2. Conveyance (or charge) of custody of prisoner or person under arrest is confided to
him
3. Prisoner or person under arrest escapes
4. Offender consents to the escape of the prisoner or person under arrest or that the
escape takes place through his negligence

➢ Whether it be under Art. 223, 224, 225, the offender infidelity in the custody of
prisoners is one who has been entrusted with the custody and charge of the
prisoner. Whether the prisoner is a prisoner convicted by final judgment or a
detention prisoner. He must be charged, he must be the custodian of the said
prisoner because the essence of the crime is the violation of the trust reposed on
him. Because prisoners are accountabilities of the Government.

ARTICLE 232 – DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER, WHEN SAID

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

ARTICLE 233 – REFUSAL OF ASSISTANCE

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

Public officer who shall fail to lend his cooperation towards the administration of
justice or any other public service despite demand by competent authority.

ARTICLE 235 – MALTREATMENT OF PRISONERS

ELEMENTS:
1. Offender is a public officer or employee
2. He has under his charge a prisoner or detention prisoner
3. He maltreats such prisoner either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner or detention
prisoner under his charge either: i. By the imposition of punishments not
authorized by the rules and regulations ii. By inflicting such punishments (those
authorized) in a cruel or humiliating manner

b. By maltreating such prisoner to extort a confession or to obtain some