Revised Penal Code (Title VII)

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, or 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.
The term "public officers" embraces every public servant from the highest to the lowest. This comprehensive definition
blurs the traditional legal distinction between "officer" and "employee." (*Maniego vs. People, 88 Phil. 494*)
Additional Requisites:
To be considered a public officer, one must:
1. Take part in the performance of public functions in the government, or perform public duties within any of its
branches as an employee, agent, or subordinate official of any rank or class.
2. Have authority to take part in the performance of public functions or perform public duties, which can come through
direct provision of the law, popular election, or appointment by competent authority.
Clarifications from Jurisprudence:
- A person appointed as a laborer in the government isn't automatically considered a public officer. However, temporary
performance of public functions by a laborer can change this status.
- For instance, in *Maniego vs. People*, the accused, though appointed as a laborer in the Bureau of Posts, was
considered a public officer due to performing duties of a sorter and filer of money orders.
- Similarly, in *People vs. Bulangao*, an emergency helper of the Bureau of Treasury, despite being on a daily wage basis
without a specific appointment as a janitor or messenger, was considered a public officer because of being entrusted
with the custody of official documents.
Definitions of Misfeasance, Malfeasance, and Nonfeasance

• Misfeasance:Misfeasance refers to the improper performance of an

act that is lawful. In simpler terms, it involves doing something
incorrectly or poorly, even though it could have been done
correctly within the bounds of the law.
• Malfeasance: Malfeasance occurs when someone performs an act
that should not have been done in the first place. It involves
engaging in wrongful conduct or actions that are prohibited by law.
• Nonfeasance: Nonfeasance, on the other hand, is the failure to
perform an act that should have been done. It refers to an omission
or neglect to carry out a duty or obligation that was required.
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.
Article 204 - Knowingly Rendering Unjust
Judgment

Elements
1. The offender is a judge.
2. He renders a judgment in a case submitted for decision.
3. The judgment is unjust.
4. The judge knows the judgment is unjust.
In *Heirs of Yasin vs. Felix, A.M. No. RTJ-94-1167*, the Supreme
Court elucidated that a judgment is unjust when made
deliberately and maliciously, with the conscious intent to do an
injustice.
Liability for Unjust Judgment:

•Bad faith is the grounds for liability concerning an unjust

judgment.
•Evidence must prove the judgment is unjust; it cannot be
presumed.
•For liability, it must be shown the judgment is contrary to law or
evidence, and made with a deliberate intent to do injustice. (Sta.
Maria vs. Ubay, 87 SCRA 179)
•Absence of evidence showing conscious and deliberate intent to do
injustice results in acquittal. (Sta. Maria vs. Ubay)
Article 205 - Judgment Rendered through
Negligence
Elements:
1. The offender is a judge.
2. He renders a judgment in a case submitted for decision.
3. The judgment is manifestly unjust.
4. It is due to his inexcusable negligence or ignorance.
Abuse of Discretion or Mere Error of Judgment, Not Punishable:
• Abuse of discretion in issuing an order doesn't always mean bad faith or ignorance of the
law by a judge. It may not imply ulterior motives or willful disregard of a litigant's rights.
(Evangelista vs. Hon. Baes, 61 SCRA 475)
• Mere error of judgment cannot lead to a charge of knowingly rendering an unjust
judgment without proof or allegation of bad faith, ill motive, or improper consideration.
(Yaranon vs. Judge Rubio, 66 SCRA 67)
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

• 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.

• 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.
Article 206 - Unjust Interlocutory Order

**Elements:**
1. The offender is a judge.
2. He knowingly renders an unjust interlocutory order or decree.
3. Or, he renders a manifestly unjust interlocutory order or decree through inexcusable
negligence or ignorance.
Interlocutory Order, Defined:
• An interlocutory order is issued by the court during a legal proceeding, deciding some point
or matter, but it's not the final decision on the issue at hand. (Bouvier's Law Dictionary)
• To determine if an order or judgment is interlocutory or final, the test is: "Does it leave
something to be done in the trial court regarding the merits of the case? If yes, it's
interlocutory; if not, it's final." (Kapisanan ng mga Manggagawa sa Maynila Railroad
Company vs. Yard Crew Union, et al., 109 Phil. 1143)
Article 207 - Malicious Delay in the
Administration of Justice

**Elements:**
1. The offender is a judge.
2. There is a proceeding in his court.
3. He delays the administration of justice.
4. The delay is malicious, intended to inflict damage on either party.
Mere Delay Without Malice Not Considered a Felony:
Mere delay without malice in holding trials or rendering judgments
doesn't automatically make a judge liable under this law.
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
• 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 if 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 any
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.
 Article 208 - Prosecution of Offenses;
Negligence and Tolerance

**Elements:**
1. The offender is a public officer or officer of the law.
2. There is dereliction of the duties of his office.
3. The offender maliciously refrains from instituting prosecution against violators of the
law, or tolerates the commission of offenses.
• The term "negligence" in this article refers to the neglect of duties by deliberately failing
to prosecute or move the prosecution of offenders. (U.S. vs. Mendoza, 23 Phil. 194)
• The term "maliciously" denotes deliberate evil intent, and the offender must act with
malice to be held liable under Article 208.
• It's important to note that a dereliction of duty caused by poor judgment or honest
mistake is not punishable.
 Elements of dereliction of duty in the
prosecution of offenses include:

1. The offender is a public officer or officer of the law responsible for prosecuting
offenses.
2. There is a dereliction of duties, either by failing to prosecute known crimes or
by tolerating their commission.
3. The offender acts with malice and deliberate intent to favor law violators.
• Offenders under Article 208 include public officers or officers of the law who are
duty-bound to prosecute offenses upon being informed of their perpetration.
• Notably, individuals like the chief of police or barrio lieutenant who neglect their
duty to prosecute or move prosecution can be held liable under Article 208.
(People vs. Rosales, G.R. No. 42648; U.S. vs. Mendoza, 23 Phil. 194)
Article 209 - Betrayal of Trust by an Attorney
or Solicitor - Revelation of Secrets

Elements:
1. The offender is an attorney-at-law or solicitor.
2. He breaches professional duty or acts with inexcusable negligence
or ignorance.
3. He causes prejudice to his client or reveals client secrets learned in
his professional capacity.
4. He undertakes 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.
Acts Punished

• 1. By causing damage to his client through any malicious breach of

professional duty or inexcusable negligence.
• 2. By revealing any secrets of his client learned 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.
 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
• 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 his 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 minimum periods and a fine of not less than
three times the value of the gift in addition to the penalty corresponding to the
crime agreed upon, if the same shall have been committed.
 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICER
Elements
1. Offender is a public officer within the scope of Art. 203
2. Offender accepts an offer or promise or receives a gift or present by himself or
through another
3. Such offer or promise be accepted or gift or present received by the public
officer
a. With a view of 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; or
c. To refrain from doing something, which 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 duties.
 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICEER
Ways to commit Bribery
1. Agreeing to perform or performing an act pertaining to the duties of the office
which constitutes a crime.
2. Accepting a gift in consideration of the execution of an act which does not
constitute crime but is unjust or the doing is improper or unfair.
3. Abstaining from the performance of official duties.
 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICEER
Agreeing to perform or performing an act pertaining to the duties of the office
which constitute a crime.
Three instance when it is consummated:
1. The act was executed and the consideration has been received
2. The act agreed upon was not yet performed but a consideration has been
received.
3. The act was executed even if the consideration has not yet been received.
 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICEER
Liability of the Giver

Corruption of Public Officials under Article 212

 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICEER
Liability of the Giver

Corruption of Public Officials under Article 212

 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICEER
• Art. 211. Indirect bribery. – The penalties of prision correctional in its medium
and maximum periods, suspension 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 BP Blg. 871, approved May 29, 1985.)
 Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICEER

Elements
1. Offender is a public officer;
2. Offender accepts gift; and
3. Said gift are offered to him by reason of his office
QUESTION.

HENRICK - SUSPECT
SHAINE - VICTIM
ROXANNE - POLICE OFFICER
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

• Art. 211–A. Qualified Bribery. – if any public officer is entrusted

with law enforcement and he refrains from arresting or
prosecuting an offender who has committed a crime punishable by
reclusion perpetua and/or death in consideration of any offer,
promise, gift or present, he shall suffer the penalty for the offense
which was not prosecuted.

• If it is the public officer who asks or demands such gift or present,

he shall suffer the penalty of death. (As added by Section 4, RA
No. 7659.)
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE

• 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 Two
MALFEASANCE AND MISFEASANCE IN OFFICE

Crime committed when a public officer accepted the consideration.

1. The public officer will be liable for direct, indirect of qualified bribery

2. The giver or bribe giver will be liable for consummated corruption of public
officials
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

• Art. 213. Frauds against the public treasury and similar offenses. – The penalty
of prision 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:
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Two crimes under this article

1. Frauds against the public treasury
2. Illegal extraction
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Fraud Against Public Treasury

Elements
1. Offender is a public
2. He should have taken advantage of his office, that is he intervened in the
transaction in his official capacity
3. He entered into an agreement with any interested party or speculator or
made of any other scheme with regards to:
a. Furnishing supplies
b. The making of contracts or
c. The adjustment or settlement of accounts relating to public property or
fund
4. Accused had intent to defraud the Government.
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Illegal Extraction
Elements
1. Offender is a public officer entrusted with the collection of taxes, licenses,
fees and other imposts.
2. He is guilty of any of the following acts or omissions:
First Form : Demanding, directly or indirectly, the payment of sum different
or larger that those authorized by law
Second Form: Failing voluntarily to issue a receipt as provided by law for
any sum of attorney collected by him officially.
Third Form: Collecting or receiving directly or indirectly by way of payment
or otherwise things or object or a nature different from that provided law
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

• 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.
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Elements
1. Offender is a public officer;
2. He takes advantage of his official position
3. He commits any of the frauds enumerated in Art 315 to 318
a. 315- Estafa
b. 316- Other forms of swindling
c. 317: Swindling A Minor
d. 318- Other Deceits
not punish any offense, additional penalty of special disqualification
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

• Art. 215. Prohibited transactions. – 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 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.
 Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

• 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 provision is applicable to experts, arbitrators, and private accountants who in like
manner, shall take part in any contract or transaction connected with the estate or
property in the 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, or 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 200 pesos but does not exceed 6,000 pesos.
 Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
• 3) The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if
the amount involved is more than 6,000 pesos but is less than 12,000 pesos.

• 4) The penalty of reclusion temporal in its medium and maximum periods, if the amount involved is
more than 12,000 pesos but is less than 22,000 pesos. If the amount exceeds the latter, the penalty shall
be reclusion temporal in its maximum period to reclusion perpetua.

• 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 of property to personal uses. (As amended by RA 1060 approved June 12, 1954.)
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

• ELEMENTS:
(a) That the offender be a public officer.
(b) That he had the custody or control of funds or property by reason of the
duties of his office.
(c) That those funds or property were public funds or property for which
he was accountable.
(d) That he appropriated, took, misappropriated or consented or, through
abandonment or negligence, permitted another person to take them.
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

• 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.
 Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

• 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 that 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 value of the sum misapplied, if by
reason of such misapplication, any damage or embarrassment shall have
resulted to the public service. In either case, the offender shall also suffer the
penalty of temporary special disqualification. If no damage or embarrassment
to the public service resulted, the penalty shall be a fine from 5 to 50 percent
of the sum misapplied.
 Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
• 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 shalfail to make
such payment, shall be punished by arresto mayor and a fine from 5 to 25 percent 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
be less than 50 pesos.
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY

• 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 (now national), 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 prisoners

• Art. 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 prisoner for any crime or violation of law or municipal ordinance.
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• 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 to prision correccional in its
minimum period and temporary special disqualification.
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
3.That such prisoner escapes thru his negligence
4. Penalty based on nature of imprisonment
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Liability of Escaping Prisoner:
1. If the fugitive is serving sentence by reason of final judgment, he is
liable for evasion of the service of the sentence under Art. 157.
2. If the fugitive is only a detention prisoner, he does not incur criminal liability.

Penalty:
Penalty of Aresto Mayor in its maximum period to Prison Correctional in its
minimum and temporary special disqualification. (TSD)
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• Art. 225. Escape of prisoner under the custody of a person not a
public officer. – Any private person to whom the conveyance or custody of 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.
Elements:
1.That the offender is a private person
2.That the conveyance or custody of a prisoner or person under arrest is confided
to him
3.That the prisoner or person under arrest escapes
4.That the offender consents to the escape of the prisoner or person under arrest,
or that the escape takes place thru his negligence
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• Section Two – Infidelity in the custody of documents
• 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 or 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 periods and a fine
not exceeding 1,000 pesos, whenever the damage caused 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 special disqualification shall be imposed.
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Elements of Article 226: Removal, concealment or destruction of
documents.

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 means of his office
4.That damage, whether serious or not, to a third party or to the public interest
should have been caused
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Acts Punishable in Infidelity in Custody of Documents:

1. Removing
2. Destroying
3. Concealing, documents or papers officially entrusted in the offending public
officer
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS

• 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.

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
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Important Points to Remember:

1. It is the breaking of the seals, not the opening of a closed envelope,

which is punished
2. Damage or intent to cause damage is NOT necessary
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• 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 of arresto mayor, temporary special
disqualification and a fine not exceeding 2,000 pesos.

Elements:
1.That 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
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• 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 500 pesos shall be imposed.
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• Revelation of secrets by an officer
Elements of No. 1: By Reason of his official capacity

1.That the offender is a public officer

2.That he knows 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 cause to the public interest
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• Revelation of secrets by an officer
Elements of No. 2: Delivering wrongfully papers or copies of papers of which he
may have charged and which should not be published.

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 a 3rd person
5. That the delivery is wrongful
6. That damage be caused to public interest
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Acts punishable as revelation of secrets by an officer:

1. By revealing any secrets known to the offending public officer by reason of

his official capacity.
2. By delivering wrongfully papers or copies of papers of which he may have
charge and which should not be published.
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS
• Section Three – Revelation of Secrets

• 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.

Elements:
1.That the offender is a public officer
2.That he knows of the secrets of a private individual by reason of his office
3.That he reveals such secrets without authority or justifiable reason
 Chapter Five
INFIDELITY OF PUBLIC OFFICERS

Important Points to Remember:

1.Revelation to one person is sufficient, for public revelation is not required.

2. When the offender is an attorney at law or a solicitor, Article 209 is applicable
and not 230
3. Damage to private individuals not necessary
 Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

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

• 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 officer, when said order was suspended by
inferior 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
 Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• 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.
 Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• Art. 235. Maltreatment of prisoners – The penalty of prision correccional in its medium
period to prision mayor 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 punishments 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 the prison mayor in its
minimum period, temporary absolute disqualification and a fine not exceeding six
thousand pesos (P6,000.00), in addition to his liability for the physical injuries or
damage caused. (As amended by EO No. 62, Nov. 7,1986.)
 Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• 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 office 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 who shall
continue to exercise the duties and powers of his office, employment or commission, beyond
the period provided by law, regulations 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.
 Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• 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 crimes falling
within Title One, and Chapter One of the 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 .
Elements:

a)That the offender is a public officer;

b)That he formally resigns from his position;
c)That his resignation has not yet been accepted;
and
d)That he abandons his office to the detriment of
the public service;
 Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• 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 P1,000 pesos, shall be
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.
Elements:

a)That the offender is an executive or judicial

officer;
b)That he:
1.Makes general rules or regulations beyond the
scope of his authority; or
2.Attempts to repeal a law; or
3.Suspends 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.
Elements:
a)That the offender is a judge;
b)That he:
1. Assumes a power pertaining to the
executive authorities; or
2. Obstructs the executive authorities in the
lawful exercise of their powers.
Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• Art. 241. Usurpation of judicial functions. – The

penalty of arresto mayor in its medium period to
prision correccional in its minimum period 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 his jurisdiction.
Elements:

a)That the offender is an officer of the executive

branch of the Government;
b)That he:
1. Assumes judicial powers; or
2. Obstructs the execution of any order or decision
rendered by any judge within his 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.
Elements:

a)That the offender is a public officer;

b)That a proceeding is pending before such public officer;
c)That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided;
d)That he has been lawfully required to refrain from
continuing the proceeding; and
e)That he continues the proceeding.
Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• Art. 243. Orders or request 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.
Elements:

a)That the offender is an executive officer;

b)That he addresses any order or suggestion to any
judicial authority;
c)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. – Any
public officer who shall knowingly nominate
or appoint to any public office any person
lacking the legal qualifications therefore,
shall suffer the penalty of arresto mayor
and a fine not exceeding 1,000 pesos.
Elements:

a)That the offender is a public officer;

b)That he nominates or appoints a person to a public
office;
c)That such person lacks the legal qualifications
therefore; and
d)That the offender knows that his nominee lacks the
qualification at the time he made the nomination or
appointment.
 Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• Section Four. – Abuses against chastity

• 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;
Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

• 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, the daughter, sister or relative within the
same degree by affinity of any person in the custody of such warden or
officer, the penalties shall be prision correccional in its minimum and medium
periods and temporary special disqualification.
1. Acts punishable:
a)By soliciting or making immoral or indecent advances
to a woman interested in matter pending before the
offending officer for decision;
b)By soliciting or making immoral advances to a woman
under his custody; and
c)By soliciting or making immoral or indecent advances
to the wife, daughter, sister or relative within the same
degree by affinity of any person in the custody of the
offending warden or officer.
2. Elements:
a)That the offender is a public officer;
b)That he solicits or makes immoral or indecent advances to a woman;
c)That such woman must be:
1. 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
2. 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
3. The wife, daughter, sister or relative within the same degree by
affinity of the person in the custody of the offender.
THANK YOU! ☺ ☺
GROUP 7 Reporters:
• De Mesa, Joshua
• Martin, Dean Jr. DB
• Solis, Angelica
• Urbina, Perlita C.
• Brown, Marc
• Resare, Shaine Abby