This document outlines various crimes that can be committed by public officers according to Title Seven of the Revised Penal Code. It discusses different types of malfeasance, misfeasance, and nonfeasance in office, including rendering an unjust judgment knowingly or through negligence, unjust interlocutory orders, malicious delay in the administration of justice, dereliction of duty in prosecuting offenses, betrayal of trust by attorneys, and direct and indirect bribery. It also covers frauds against public funds, prohibited transactions, malversation of public funds or property, unfaithfulness in custody of prisoners or documents, and other offenses such as disobedience, usurpation of powers, and abuses against chastity
This document outlines various crimes that can be committed by public officers according to Title Seven of the Revised Penal Code. It discusses different types of malfeasance, misfeasance, and nonfeasance in office, including rendering an unjust judgment knowingly or through negligence, unjust interlocutory orders, malicious delay in the administration of justice, dereliction of duty in prosecuting offenses, betrayal of trust by attorneys, and direct and indirect bribery. It also covers frauds against public funds, prohibited transactions, malversation of public funds or property, unfaithfulness in custody of prisoners or documents, and other offenses such as disobedience, usurpation of powers, and abuses against chastity
This document outlines various crimes that can be committed by public officers according to Title Seven of the Revised Penal Code. It discusses different types of malfeasance, misfeasance, and nonfeasance in office, including rendering an unjust judgment knowingly or through negligence, unjust interlocutory orders, malicious delay in the administration of justice, dereliction of duty in prosecuting offenses, betrayal of trust by attorneys, and direct and indirect bribery. It also covers frauds against public funds, prohibited transactions, malversation of public funds or property, unfaithfulness in custody of prisoners or documents, and other offenses such as disobedience, usurpation of powers, and abuses against chastity
Article 203. Who are public ofcers Chapter Two. Maleasance an! Miseasance in Ofce "ection One # $ereliction o !uty Article 20%. &nowin'ly ren!erin' un(ust (u!'ment Article 20). *u!'ment ren!ere! throu'h ne'li'ence Article 20+. ,n(ust interlocutory or!er Article 20-. Malicious $elay in the a!ministration o (ustice Article 20.. Prosecution o o/enses0 ne'li'ence 1 tolerance Article 202. 3etrayal o trust by attorney # revelation o secrets "ection Two # 3ribery Article 240. 3ribery Article 244. 5n!irect bribery Article 2446A. 7uali8e! bribery Article 242. Corruption o public ofcials Chapter Three. 9rau!s an! 5lle'al :;actions an! Transactions Article 243. 9rau!s a'ainst the public treasury an! similar o/enses. Article 24%. Other 9rau!s Article 24). Prohibite! Transactions Article 24+. Possession o prohibite! interest by a public ofcer Chapter 9our. Malversation o Public 9un!s or Property
Article 24-. Malversation o public un!s Article 24.. 9ailure o accountable ofcer to ren!er accounts Article 242. 9ailure o accountable ofcer to ren!er accounts beore leavin' the country Article 220. 5lle'al use o public un!s or property Article 224. 9ailure to ma<e !elivery o public un!s or property Article 222. Ofcers inclu!e! in the prece!in' provisions Chapter 9ive. 5n8!elity o Public Ofcers "ection One # 5n8!elity in the custo!y o prisoners Article 223. Connivin' with or consentin' to evasion Article 22%. :vasion throu'h ne'li'ence Article 22). :scape o prisoner un!er the custo!y o a person not a public ofcer "ection Two # 5n8!elity in the custo!y o !ocuments Article 22+. =emoval> concealment> or !estruction o !ocuments Article 22-. Ofcer brea<in' seal Article 22.. Openin' o close! !ocuments "ection Three # =evelation o secrets Article 222. =evelation o secrets by an ofcer Article 230. Public ofcer revealin' secrets o private in!ivi!ual Chapter "i;. Other O/enses or 5rre'ularities by Public Ofcers
"ection One # $isobe!ience> reusal o assistance an! maltreatment o prisoners Article 234. Open !isobe!ience Article 232. $isobe!ience to or!er o superior ofcer> when sai! or!er was suspen!e! by inerior ofcer Article 233. =eusal o assistance Article 23%. =eusal to !ischar'e elective ofce Article 23). Maltreatment o prisoners "ection Two # Anticipation> prolon'ation an! aban!onment o the !uties an! powers by public ofce Article 23+. Anticipation o !uties o a public ofce Article 23-. Prolon'in' the perormance o !uties an! Powers Article 23.. Aban!onment o ofce or position "ection Three # ,surpation o powers an! unlawul appointments Article 232. ,surpation o le'islative powers Article 2%0. ,surpation o e;ecutive unctions Article 2%4. ,surpation o (u!icial unctions Article 2%2. $isobeyin' re?uest or !is?uali8cation Article 2%3. Or!ers or re?uests by e;ecutive ofcers to any (u!icial authority Article 2%%. ,nlawul appointments "ection 9our # Abuses a'ainst chastity Article 2%). Abuses a'ainst chastity 6 Penalties Article 203. Wh !re "#$lic %cer& =e?uisites to be a public ofcer@ 4. Ta<in' part in the perormance o public unctions in the 'overnment0 or Perormin' in sai! 'overnment or in any o its branches public !uties as an employee> a'ent or subor!inate ofcial> or any ran< or class0 2. Ais authority to ta<e part in the perormance o public unctions or to perorm public !uties must be 6 C2005 Criminal Law 2 Reviewer 61 a. 3y !irect provision o the law0 b. 3y popular election0 or c. 3y appointment by competent authority. :mbraces every public servant rom hi'hest to lowest. Baborer> unless temporarily perorms unctions o a public ofcer> is not a public ofcer.
M!l'e!&!nce !n( Mi&'e!&!nce in %ce Mi&'e!&!nce is the improper perormance o some act which mi'ht be lawully !one Arts. 20%620- are miseasances on ofce that a (u!'e can commit M!l'e&!nce is the perormance o an act which ou'ht not to be !one Arts. 2406244 are maleasances in ofce that a public ofcer can commit )n'e!&!nce is the ommission o some act which ou'ht to be perorme! Art. 20. is a noneasance Arts. 20%6202 are crimes un!er !ereliction o !uty Article 20*. +n,in-l. ren(er #n/#&t /#(-0ent 4. O/en!er is a (u!'e0 2. Ae ren!ers a (u!'ment in a case submitte! to him or !ecision0 3. *u!'ment is un(ust0 %. The (u!'e <nows that his (u!'ment is un(ust. ,n(ust (u!'ment is the 8nal !etermination an! consi!eration o a court o competent (uris!iction upon the matters submitte! to it which is contrary to law or is not supporte! by evi!ence or both. When ren!ere! <nowin'ly # An un(ust (u!'ment must be ma!e !eliberately an! maliciously Crom error> ill6will> reven'e or briberyD0 thus no liability incurs or a mere error in 'oo! aith. There must be evi!ence that the (u!'e <new that his (u!'ment is un(ust Article 201. 2#(-0ent ren(ere( thr#-h ne-li-ence 4. O/en!er is a (u!'e0 2. Ae ren!ers a (u!'ment in a case submitte! to him or !ecision0 3. The (u!'ment is manifestly un(ust0 %. 5t is !ue to his inexcusable negligence or i'norance. Maniestly un(ust (u!'ment is one so maniestly contrary to law that even a person havin' a mea'er <nowle!'e o the law cannot !oubt the in(ustice Abuse o !iscretion or mere error o (u!'ment without proo o ba! aith> or ill motive or improper consi!eration is not punishable. Article 203. Un/#&t interlc#tr. r(er 4. O/en!er is a (u!'e0 2. Ae perorms any o the ollowin' acts@ a. &nowin'ly ren!erin' an un(ust interlocutory or!er or !ecree0 or b. =en!erin' a maniestly un(ust interlocutory or!er or !ecree throu'h ine;cusable ne'li'ence or i'norance. 5nterlocutory or!er is a court or!er between the commencement an! the en! o a suit or action an! which !eci!es some point or matter but which however is not a 8nal !ecision o the matter in issue. Article 204. M!lici#& Del!. in the !(0ini&tr!tin ' /#&tice 4. O/en!er is a (u!'e0 2. There is a procee!in' in his court0 3. Ae !elays in the a!ministration o (ustice0 %. The !elay is malicious> that is> with !eliberate intent to inEict !ama'e on either party in the case. Cmalice must be provenD Article 205. Pr&ec#tin ' 6en&e&7 ne-li-ence 8 tler!nce 9PRE:ARICACIO); Acts Punishable@ 4. Maliciously rerainin' rom institutin' prosecution a'ainst violators o the law0 2. Maliciously toleratin' the commission o o/enses. :lements o !ereliction o !uty in the prosecution o o/enses 4. O/en!er is a "#$lic %cer r %cer ' the l!, who has a !uty to cause the prosecution o> or to prosecute> o/enses0 2. There is a !ereliction o the !uties o his ofce> that is> <nowin' the commission o the crime> he !oes not cause the C2005 Criminal Law 2 Reviewer 62 prosecution o the criminal> or <nowin' that a crime is about to be committe!> he tolerates its commission0 3. O/en!er acts with malice an! !eliberate intent to avor the violator o the law. Fe'li'ence here means the ne'lect o the !uties o his ofce by maliciously ailin' to move the prosecution an! punishment o the !elin?uent. Malice is an important element. Ofcer o the law inclu!es all those who by reason o the position hel! by them are !uty boun! to cause the prosecution an! punishment o the o/en!ers0 Public ofcer e;ten!s to those ofcers o the prosecution !epartment whose !uty is to institute criminal procee!in's or elonies upon bein' inorme! o their perpetration. 9iscal who <nows that there is sufcient evi!ence to secure the conviction o the accuse! but !rops the case is liable an! punishable un!er Art. 20+. 3ut the 8scal is un!er no compulsion to 8le the correspon!in' complaint where he is not convince! that the evi!ence 'athere! woul! warrant the 8lin' o an action in court. Crime committe! by the law violator must be 8rst prove! beore conviction or !ereliction. Biability o public ofcer who> havin' the !uty o prosecutin' the o/en!er> harbore!> conceale! or assiste! the escape o the latter is that o the principal in the crime !e8ne! an! penaliGe! un!er Art 20. Fot applicable to revenue ofcers Article 20<. Betr!.!l ' tr#&t $. !ttrne. =revel!tin ' &ecret& Acts punishable@ 4. Causin' !ama'e to his client> either6 a. 3y any malicious breach o proessional !uty0 b. 3y ine;cusable ne'li'ence or i'norance. Fote@ When the attorney acts with malicious abuse o his employment or ine;cusable ne'li'ence or i'norance> there must be !ama'e to his client. 2. =evealin' any o the secrets o his client learne! by him in his proessional capacity0 Fote@ $ama'e is not necessary 3. ,n!erta<in' the !eense o the opposin' party in the same case> without the consent o his 8rst client> ater havin' un!erta<en the !eense o sai! 8rst client o ater havin' receive! con8!ential inormation rom sai! client. Fote@ 5 the client consents to the attorneyHs ta<in' the !eense o the other party> there is no crime. There is no solicitor or procurador judicial un!er the =ules o Court. Cprocura!or (u!icial # a person who ha! some practical <nowle!'e o law an! proce!ure> but not a lawyer> an! was permitte! to represent a party in a case beore the inerior courtsD Article 2>0. Direct Bri$er. Acts punishable@ 4. A'reein' to perorm> or perormin'> in consi!eration o any o/er> promise> 'it or present 6 an act constitutin' a crime> in connection with the perormance o his ofcial !uties0 2. Acceptin' a 'it in consi!eration o the e;ecution o an act which !oes not constitute a crime> in connection with the perormance o his ofcial !uty0 3. A'reein' to rerain> or by rerainin'> rom !oin' somethin' which it is his ofcial !uty to !o> in consi!eration o 'it or promise. :lements@ 4. O/en!er is a public ofcer within the scope o Article 2030 2. O/en!er accepts an o/er or a promise or receives a 'it or present by himsel or throu'h another0 3. "uch o/er or promise be accepte!> or 'it or present receive! by the public ofcer 6 a. With a view to committin' some crime0 or b. 5n consi!eration o the e;ecution o an act which !oes not constitute a crime> but the act must be un(ust0 or c. To rerain rom !oin' somethin' which it is his ofcial !uty to !o. %. The act which o/en!er a'rees to perorm or which he e;ecutes be connecte! with the perormance o his ofcial !uties. C2005 Criminal Law 2 Reviewer 63 9or the purpose o punishin' bribery> the temporary perormance o public unctions is sufcient to constitute a person a public ofcer. The provisions o this article are ma!e applicable to assessors> arbitrators> appraisal an! claim commissioners> e;perts or any other persons perormin' public !uties. Iit is either voluntarily o/ere! by a private person or solicite! by the public ofcer> it may be receive! personally or thru interme!iary. Iit or present nee! not actually be receive! by the public ofcer> as an accepte! o/er or promise o 'it is sufcient. 5 there is only an o/er o 'it or promise to 'ive somethin'> the o/er or promise must be accepte! by the public ofcer to be liable un!er this article. 5 not accepte!> only the person o/erin' is liable un!er Article 242. 5t must be o some value or capable o pecuniary estimation. A promise to 'ive 'it to> an! a promise to commit an unlawul act by> a public ofcer will be sufcient un!er Art. 240 J4K $irect bribery un!er Art.240 J2K has the same elements as Art 240 J4K but act inten!e! by public ofcer !oes not amount to a crime. $irect bribery un!er Art 240 J2K acceptance o the 'it an! the accomplishment o act is necessary. The commission o Art 240 J3K is by rerainin' rom !oin' somethin' which pertains to a public ofcerHs ofcial !uty. Prevaricacion CArt 20.D is committe! the same way. 3ut they !i/er in that in A=T. 240 J3K the o/en!er reraine! rom !oin' his ofcial !uty in consi!eration o a 'it receive! or promise!. This is not necessary in Art. 20.. Manipon vs. Sandiganbayan Manipon, a deputy sheriff assigned to execute the decision of the labor arbiter ordering Harry Dominguez, a building contractor to pay the balance of their work contract. He sent a notice to the Comtrust Bank in Baguio City garnishing the bank accounts of Dominguez. he bank agreed to hold the accounts. !ater on Dominguez sought Manipon"s help in the withdrawal of the garnished account. Manipon told Dominguez that he #can remedy the withdrawal so they will ha$e something for the %ew &ear.# Dominguez interpreted this to mean that Manipon would withdraw the garnished amount for a consideration. Manipon contends that the 'andiganbayan erred in con$icting him of direct bribery, in not gi$ing credence to the defense theory that there was no$ation of the money (udgment. H)!D* +t is $ery strange indeed that for such an important agreement that would be a final (udgment, no one took the bother of putting it down or paper. ,f course Manipon would ha$e us belie$e that there was no need for it because he trusted Dominguez and abek. -nd yet did he not also claim that Dominguez had framed him up because of a grudge. -nd if there was really an agreement to alter the (udgment, why did he not inform the labor arbiter about it considering that it was the labor arbiter who had issued the order of execution. Manipon could not gi$e satisfactory explanations because there was no such agreement in the first place. Dacmos vs. Sandiganbayan Dacumos was a B+/ re$enue examiner when he offered to settle the tax liability of /. /e$illa +nteriors by pulling out its assessments papers from the office of the B+/ Commissioner and procuring a tax clearance. 0or such ser$ice, he would re1uire a fee of 234,555.55. 'amia, the manager of the firm, pretended to go along with him but reported the matter to the %ational Bureau of +n$estigation, which arranged an entrapment. Dacumos was caught and con$icted of direct bribery. He argues that he could not ha$e promised to remo$e the assessment papers from the Commissioner"s office as he had no access to that place. H)!D* he implausibility of his promises does not mean they were not made or that they did not appear to be credible, coming as they did from one with his long experience in the B+/ and appeared to know his way around. he Court finds it especially remarkable that he met 'amia at a pri$ate place instead of his office at the B+/, considering that they were supposed to be discussing official business and it was 'amia who he says was re1uesting his assistance. he Court is not inclined to belie$e that 'amia would be so $indicti$e as to falsely incriminate the petitioner with the serious charge of bribery simply because the petitioner refused to reduce the tax assessment of /. /e$illa +nteriors. 'amia was not e$en directly in$ol$ed in the assessment. Article 2>>. In(irect Bri$er. :lements@ 4. O/en!er is a public ofcer0 2. Ae accepts 'its0 3. The 'its are o/ere! to him by reason o his ofce. Iit is usually 'iven to the public ofcer in anticipation o uture avor rom the public ofcer :ssential to Art. 244 is that the public ofcer must have accepte! the 'it or material consi!eration0 that is> the public ofcer too< the 'it o/ere! an! consi!ere! it as his personal property. C2005 Criminal Law 2 Reviewer 6! There is no attempte! or rustrate! in!irect bribery 5n!irect bribery is !i/erent rom !irect bribery un!er Art 240 J2K in that the ormer the act e;ecute! was not un(ust while the ormer re?uires that the act be un(ust Criminal penalty o imprisonment is !istinct rom the a!ministrative penalty o separation rom (u!icial service. Direct $ri$er. In(irect $ri$er. The public ofcer receives a 'it There is an a'reement between the ofcer an! the 'it6'iver There is no such a'reement The o/en!er a'rees to perorm an act or rerains rom !oin' somethin' because o the 'it or promise 5t is unnecessary that the o/en!er shoul! !o or promise any act as it is enou'h that he accepte! the 'it by reason o his ofce Pre&i(enti!l Decree ). *3 MA+I)? IT PU)IS@ABLE FOR PUBLIC OFFICIALS A)D EMPLOYEES TO RECEI:EA A)D FOR PRI:ATE PERSO)S TO ?I:EA ?IFTS O) A)Y OCCASIO)A I)CLUDI)? C@RISTMAS any public ofcial or employee> whether o the national or local 'overnments> to receive> !irectly or in!irectly> an! or private persons to 'ive> or o/er to 'ive> any 'it> present or other valuable thin' to any occasion> inclu!in' Christmas> when such 'it> present or other valuable thin' is 'iven by reason o his ofcial position> re'ar!less o whether or not the same is or past avor or avors or the 'iver hopes or e;pects to receive a avor or better treatment in the uture rom the public ofcial or employee concerne! in the !ischar'e o his ofcial unctions. 5nclu!e! within the prohibition is the throwin' o parties or entertainments in honor o the ofcial or employees or his imme!iate relatives. Article 2>>=A. B#!liCe( Bri$er. :lements@ 4. O/en!er is a public ofcer entruste! with law enorcement0 2. Ae rerains rom arrestin' or prosecutin' an o/en!er who has committe! a crime0 3. O/en!er has committe! a crime punishable by reclusion perpetua an!Lor !eath0 %. O/en!er rerains rom arrestin' or prosecutin' in consi!eration o any o/er> promise> 'it> or present. Penalty is increase! i the public ofcer as<s or !eman!s such 'it or present. Article 2>2. Crr#"tin $. "#$lic %ci!l& :lements@ 4. O/en!er ma<es o/ers or promises or 'ives 'its or presents to a public ofcer0 2. The o/ers or promises are ma!e or the 'its or presents 'iven to a public ofcer> un!er circumstances that will ma<e the public ofcer liable or !irect bribery or in!irect bribery. The o/en!er in Art. 242 is the 'it6'iver or o/eror o promise> even i the 'it was !eman!e! by the public ofcer an! the o/er was not ma!e voluntarily prior to sai! !eman!0 public ofcer is not liable unless he accepts the 'it or consents to the promise PRESIDE)TIAL DECREE )O. 4*< ?r!ntin- I00#nit. Fr0 Pr&ec#tin T ?iver& O' Bri$e& An( Other ?i't& An( T Their Acc0"lice& In Bri$er. An( Other ?r!'t C!&e& A-!in&t P#$lic O%cer& Wh 0!. $e -r!nte( i00#nit. #n(er the ActD 4. Any person who voluntarily -ive& in'r0!tin about any violation o@ - =PC 240 C$irect 3riberyD> 244 C5n!irect 3riberyD> an! 242 CCorruption o public ofcialsD0 - =A 3042 - "ec 3%) o the F5=C - "ec 3+0% o the Tari/ an! Customs Co!e - other provisions o the sai! Co!es penaliGin' abuse or !ishonesty on the part o the public ofcials concerne!0 an! other laws> rules an! re'ulations punishin' acts o 'rat> corruption an! other orms o ofcial abuse0 2. AF$ who ,illin-l. te&tiCe& a'ainst any public ofcial or employee or such violation Mshall be e;empt rom prosecution or punishment or the o/ense with reerence to which his inormation an! testimony were 'iven> an! may plea! or prove the 'ivin' o such inormation an! testimony in bar o such prosecution. C2005 Criminal Law 2 Reviewer 65 :N:F 59 # - the case where the inormation an! testimony are 'iven is a'ainst a person who is not a public ofcial but who is a principal> or accomplice> or accessory in the commission o any o the above6mentione! violations0 or - it is the inormant who o/ere! or 'ave the bribe or 'it to the public ofcial or his accomplice or such 'it or bribe6'ivin'. Wh!t !re the cn(itin& 'r i00#nit.D 4. The inormation must reer to consummate! violations o any o the above6mentione! provisions o law> rules an! re'ulations0 2. The inormation an! testimony are necessary or the conviction o the accuse! public ofcer0 3. "uch inormation an! testimony are not yet in the possession o the "tate0 %. "uch inormation an! testimony can be corroborate! on its material points0 an! ). The inormant or witness has not been previously convicte! o a crime involvin' moral turpitu!e. When ,ill i00#nit. )OT !tt!chD 6 5 it shoul! turn out subse?uently that the inormation an!Lor testimony C4D is alse an! malicious or C2D ma!e only or the purpose o harassin'> molestin' or in any way pre(u!icin' the public ofcer !enounce! Re"#$lic Act ). 30>< Anti=?r!'t !n( Crr#"t Pr!ctice& Act Sec. 2. $e8nition o terms. 6 As use! in this Act> that term
CbD OPublic ofcerO inclu!es elective an! appointive ofcials an! employees> permanent or temporary> whether in the classi8e! or unclassi8e! or e;empt service receivin' compensation> even nominal> rom the 'overnment as !e8ne! in the prece!in' subpara'raph. CcD O=eceivin' any 'itO inclu!es the act o acceptin' !irectly or in!irectly a 'it rom a person other than a member o the public ofcerPs imme!iate amily> in behal o himsel or o any member o his amily or relative within the ourth civil !e'ree> either by consan'uinity or afnity> even on the occasion o a amily celebration or national estivity li<e Christmas> i the value o the 'it is un!er the circumstances maniestly e;cessive. C!D OPersonO inclu!es natural an! (uri!ical persons> unless the conte;t in!icates otherwise. Sec. 3. Crr#"t "r!ctice& ' "#$lic %cer&. 6 5n a!!ition to acts or omissions o public ofcers alrea!y penaliGe! by e;istin' law> the ollowin' shall constitute corrupt practices o any public ofcer an! are hereby !eclare! to be unlawul@ CaD Persua!in'> in!ucin' or inEuencin' another public ofcer to perorm an act constitutin' a violation o rules an! re'ulations !uly promul'ate! by competent authority or an o/ense in connection with the ofcial !uties o the latter> or allowin' himsel to be persua!e!> in!uce!> or inEuence! to commit such violation or o/ense. CbD $irectly or in!irectly re?uestin' or receivin' any 'it> present> share> percenta'e> or bene8t> or himsel or or any other person> in connection with any contract or transaction between the Iovernment an! any other part> wherein the public ofcer in his ofcial capacity has to intervene un!er the law. CcD $irectly or in!irectly re?uestin' or receivin' any 'it> present or other pecuniary or material bene8t> or himsel or or another> rom any person or whom the public ofcer> in any manner or capacity> has secure! or obtaine!> or will secure or obtain> any Iovernment permit or license> in consi!eration or the help 'iven or to be 'iven> without pre(u!ice to "ection thirteen o this Act. C!D Acceptin' or havin' any member o his amily accept employment in a private enterprise which has pen!in' ofcial business with him !urin' the pen!ency thereo or within one year ater its termination. CeD Causin' any un!ue in(ury to any party> inclu!in' C2005 Criminal Law 2 Reviewer 66 the Iovernment> or 'ivin' any private party any unwarrante! bene8ts> a!vanta'e or preerence in the !ischar'e o his ofcial a!ministrative or (u!icial unctions throu'h maniest partiality> evi!ent ba! aith or 'ross ine;cusable ne'li'ence. This provision shall apply to ofcers an! employees o ofces or 'overnment corporations char'e! with the 'rant o licenses or permits or other concessions. CD Fe'lectin' or reusin'> ater !ue !eman! or re?uest> without sufcient (usti8cation> to act within a reasonable time on any matter pen!in' beore him or the purpose o obtainin'> !irectly or in!irectly> rom any person intereste! in the matter some pecuniary or material bene8t or a!vanta'e> or or the purpose o avorin' his own interest or 'ivin' un!ue a!vanta'e in avor o or !iscriminatin' a'ainst any other intereste! party. C'D :nterin'> on behal o the Iovernment> into any contract or transaction maniestly an! 'rossly !isa!vanta'eous to the same> whether or not the public ofcer pro8te! or will pro8t thereby. ChD $irector or in!irectly havin' 8nancin' or pecuniary interest in any business> contract or transaction in connection with which he intervenes or ta<es part in his ofcial capacity> or in which he is prohibite! by the Constitution or by any law rom havin' any interest. CiD $irectly or in!irectly becomin' intereste!> or personal 'ain> or havin' a material interest in any transaction or act re?uirin' the approval o a boar!> panel or 'roup o which he is a member> an! which e;ercises !iscretion in such approval> even i he votes a'ainst the same or !oes not participate in the action o the boar!> committee> panel or 'roup. 4. 5nterest or personal 'ain shall be presume! a'ainst those public ofcers responsible or the approval o maniestly unlawul> ine?uitable> or irre'ular transaction or acts by the boar!> panel or 'roup to which they belon'. C(D &nowin'ly approvin' or 'rantin' any license> permit> privile'e or bene8t in avor o any person not ?uali8e! or or not le'ally entitle! to such license> permit> privile'e or a!vanta'e> or o a mere representative or !ummy o one who is not so ?uali8e! or entitle!. C<D $ivul'in' valuable inormation o a con8!ential character> ac?uire! by his ofce or by him on account o his ofcial position to unauthoriGe! persons> or releasin' such inormation in a!vance o its authoriGe! release !ate. The person 'ivin' the 'it> present> share> percenta'e or bene8t reerre! to in subpara'raphs CbD an! CcD0 or o/erin' or 'ivin' to the public ofcer the employment mentione! in subpara'raph C!D0 or ur'in' the !ivul'in' or untimely release o the con8!ential inormation reerre! to in subpara'raph C<D o this section shall> to'ether with the o/en!in' public ofcer> be punishe! un!er "ection nine o this Act an! shall be permanently or temporarily !is?uali8e! in the !iscretion o the Court> rom transactin' business in any orm with the Iovernment. Sec. *. Prhi$itin n "riv!te in(ivi(#!l&. # aD 5t shall be unlawul or any person havin' amily or close personal relation with any public ofcial to capitaliGe or e;ploit or ta<e a!vanta'e o such amily or close personal relation by !irectly or in!irectly re?uestin' or receivin' any present> 'it or material or pecuniary a!vanta'e rom any other person havin' some business> transaction> application> re?uest or contract with the 'overnment> in which such public ofcial has to intervene. 9amily relation shall inclu!e the spouse or relatives by consan'uinity or afnity in the thir! civil !e'ree. The wor! Oclose personal relationO shall inclu!e close personal rien!ship> social an! raternal connections> an! proessional employment all 'ivin' rise to intimacy which assures ree access to such public ofcer. bD 5t shall be unlawul or any person <nowin'ly to in!uce or cause any public ofcial to commit any o the o/enses !e8ne! in "ection 3 hereo. Sec. 1. Prhi$itin n cert!in rel!tive&. 6 5t shall be unlawul or the spouse or or any relative> by consan'uinity or afnity> within the thir! civil !e'ree> o the Presi!ent o the Philippines> the Nice6Presi!ent o the Philippines> the Presi!ent o the "enate> or the "pea<er o the Aouse o =epresentatives> to intervene> !irectly or in!irectly> in any business> transaction> contract or application with the Iovernment@ Provi!e!> That this section shall not apply to any person who> prior to the assumption o ofce o any o the above ofcials to whom he is relate!> has been alrea!y !ealin' with the Iovernment alon' the same line o business> nor to any transaction> contract or application alrea!y e;istin' or pen!in' at the time o such assumption o public ofce> nor to any application 8le! by him the approval o which is not !iscretionary on the part o the ofcial or ofcials concerne! but !epen!s upon compliance with re?uisites provi!e! by law> or rules or re'ulations issue! pursuant to law> nor to any act lawully perorme! in an ofcial capacity or in the e;ercise o a proession. Sec. 4. St!te0ent ' A&&et& !n( li!$ilitie& # :very public ofcer within 30 !ays ater assumin' ofce> an! thereater> on or beore the 4) th !ay o April ollowin' the close o every calen!ar year> as well as upon resi'nation or separation rom ofce> shall prepare an! 8le with the ofce o the correspon!in' !epartment hea!> or in the case o a Aea! o $epartment or a Chie o an in!epen!ent ofce> with the Ofce o the Presi!ent> a true> !etaile! an! sworn statement o assets an! liabilities> inclu!in' a statement o the amounts an! sources o his income ta;es pai! or the ne;t prece!in' calen!ar year. Provi!e!> that public ofcers assumin' ofce less than two months beore the en! o the calen!ar year> may 8le their 8rst statement on or beore the 4) th !ay o April ollowin' C2005 Criminal Law 2 Reviewer 6" the close o the sai! calen!ar year. Sec. >>. Pre&cri"tin ' 6en&e&. # All o/enses punishable un!er this act shall prescribe in 4) years. Sec. >*.:;ception. 6 ,nsolicite! 'its or presents o small or insi'ni8cant value o/ere! or 'iven as a mere or!inary to<en o 'ratitu!e or rien!ship accor!in' to local customs or usa'e> shall be e;cepte! rom the provisions o this Act. Fothin' in this Act shall be interprete! to pre(u!ice or prohibit the practice o any proession> lawul tra!e or occupation by any private person or by any public ofcer who un!er the law may le'itimately practice his proession> tra!e or occupation> !urin' his incumbency> e;cept where the practice o such proession> tra!e or occupation involves conspiracy with any other person or public ofcial to commit any o the violations penaliGe! in this Act. RA >34< FORFEITURE I) FA:OR OF T@E STATE OF A)Y PROPERTY FOU)D TO @A:E BEE) U)LAWFULLY ACBUIRED BY A)Y PUBLIC OFFICER OR EMPLOYEE 9><11; ":CT5OF 4. $e8nitions. CaD 9or the purposes o this Act> a Opublic ofcer or employeeO means any person hol!in' any public ofce or employment by virtue o an appointment> election or contract> an! any person hol!in' any ofce or employment> by appointment or contract> in any "tate owne! or controlle! corporation or enterprise. CbD OOther le'itimately ac?uire! propertyO means any real or personal property> money or securities which the respon!ent has at any time ac?uire! by inheritance an! the income thereo> or by 'it inter vivos beore his becomin' a public ofcer or employee> or any property Cor income thereoD alrea!y pertainin' to him when he ?uali8e! or public ofce or employment> or the ruits an! income o the e;clusive property o the respon!entPs spouse. 5t shall not inclu!e@ 4. Property unlawully ac?uire! by the respon!ent> but its ownership is conceale! by its bein' recor!e! in the name o> or hel! by> the respon!entPs spouse> ascen!ants> !escen!ants> relatives> or any other person. 2. Property unlawully ac?uire! by the respon!ent> but transerre! by him to another person or persons on or ater the e/ectivity o this Act. 3. Property !onate! to the respon!ent !urin' his incumbency> unless he can prove to the satisaction o the court that the !onation is lawul. ":CT5OF 2. 9ilin' o petition. Q Whenever any public ofcer or employee has ac?uire! !urin' his incumbency an amount o property which is maniestly out o proportion to his salary as such public ofcer or employee an! to his other lawul income an! the income rom le'itimately ac?uire! property> sai! property shall be presume! prima facie to have been unlawully ac?uire!. ":CT5OF 44. Baws on prescription. 6 The laws concernin' ac?uisitive prescription an! limitation o actions cannot be invo<e! by> nor shall they bene8t the respon!ent> in respect o any property unlawully ac?uire! by him. ":CT5OF 42. Penalties. Q Any public ofcer or employee who shall> ater the e/ective !ate o this Act> transer or convey any unlawully ac?uire! property shall be represse! with imprisonment or a term not e;cee!in' ) years> or a 8ne not e;cee!in' P40>000> or both such imprisonment an! 8ne. The same repression shall be impose! upon any person who shall <nowin'ly accept such transer or conveyance. R.A. 34>3 C(e ' Cn(#ct !n( Ethic!l St!n(!r(& 'r P#$lic O%ci!l& !n( E0"l.ee& Wh!t !re Prhi$ite( Act& !n( Tr!n&!ctin&D 5n a!!ition to acts an! omissions o public ofcials an! employees now prescribe! in the Constitution an! e;istin' laws> the ollowin' shall constitute prohibite! acts an! transactions o any public ofcial an! employee an! are hereby !eclare! to be unlawul@ CaD 9inancial an! material interest in any transaction re?uirin' the approval o their ofce. CbD Public ofcials an! employees !urin' their incumbency shall not@ a. Own> control> mana'e or accept employment as ofcer> employee> consultant> counsel> bro<er> a'ent> trustee or nominee in any private enterprise re'ulate!> supervise! or license! by their ofce unless e;pressly allowe! by law0 b. :n'a'e in the private practice o their proession unless authoriGe! by the Constitution or law> provi!e!> that such practice will not conEict or ten! to conEict with their ofcial unctions0 or c. =ecommen! any person to any position in a private enterprise which has a re'ular or pen!in' ofcial transaction with their ofce. These prohibitions shall continue to apply or a perio! o one C4D year ater resi'nation> retirement> or separation rom public ofce> e;cept in the case o subpara'raph CbD C2D above> but the proessional concerne! cannot practice his proession in connection with any matter beore the ofce he use! to be with> in which case the one6year prohibition shall li<ewise apply. CcD Public ofcials an! employees shall not use or !ivul'e> con8!ential or classi8e! inormation ofcially <nown to them by reason o C2005 Criminal Law 2 Reviewer 6# their ofce an! not ma!e available to the public> either C4DTo urther their private interests> or 'ive un!ue a!vanta'e to anyone0 or C2DTo pre(u!ice the public interest. C!D Public ofcials an! employees shall not solicit or accept> !irectly or in!irectly> any 'it> 'ratuity> avor> entertainment> loan or anythin' o monetary value rom any person in the course o their ofcial !uties or in connection with any operation bein' re'ulate! by> or any transaction which may be a/ecte! by the unctions o their ofce. As to 'its or 'rants rom orei'n 'overnments> the Con'ress consents to@ CiD The acceptance an! retention by a public ofcial or employee o a 'it o nominal value ten!ere! an! receive! as a souvenir or mar< o courtesy0 CiiD The acceptance by a public ofcial or employee o a 'it in the nature o a scholarship or ellowship 'rant or me!ical treatment0 or CiiiD The acceptance by a public ofcial or employee o travel 'rants or e;penses or travel ta<in' place entirely outsi!e the Philippine Csuch as allowances> transportation> oo!> an! lo!'in'D o more than nominal value i such acceptance is appropriate or consistent with the interests o the Philippines> an! permitte! by the hea! o ofce> branch or a'ency to which he belon's. The Ombu!sman shall prescribe such re'ulations as may be necessary to carry out the purpose o this subsection> inclu!in' pertinent reportin' an! !isclosure re?uirements. Fothin' in this Act shall be construe! to restrict or prohibit any e!ucational> scienti8c or cultural e;chan'e pro'rams sub(ect to national security re?uirements. Pen!ltie& i0"&e(
CaD Any public ofcial or employee> re'ar!less o whether or not he hol!s ofce or employment in a casual> temporary> hol!over> permanent or re'ular capacity> committin' any violation o this Act shall be punishe! with ! Cne nt eEcee(in- the eF#iv!lent ' &iE 93; 0nth&G &!l!r. r &#&"en&in nt eEcee(in- ne 9>; .e!rA r re0v!l (e"en(in- n the -r!vit. ' the 6en&e !'ter (#e ntice !n( he!rin- $. the !""r"ri!te $(. r !-enc.. 5 the violation is punishable by a heavier penalty un!er another law> he shall be prosecute! un!er the latter statute. Niolations o "ections -> . or 2 o this Act shall be punishable with i0"ri&n0ent nt eEcee(in- Cve 91; .e!r&A r ! Cne nt eEcee(in- Cve th#&!n( "e&& 9P1A000;A r $thA an!> in the !iscretion o the court o competent (uris!iction> (i&F#!liCc!tin t hl( "#$lic %ce. CbD Any violation hereo proven in a proper a!ministrative procee!in' shall be sufcient cause or re0v!l r (i&0i&&!l o a public ofcial or employee> even i no criminal prosecution is institute! a'ainst him. CcD Private in!ivi!uals who participate in conspiracy as co6principals> accomplices or accessories> with public ofcials or employees> in violation o this Act> shall be sub(ect to the same penal liabilities as the public ofcials or employees an! shall be trie! (ointly with them. C!D The ofcial or employee concerne! may brin' an action a'ainst any person who obtains or uses a report or any purpose prohibite! by "ection . C$D o this Act. The Court in which such action is brou'ht may assess a'ainst such person a "en!lt. in !n. !0#nt not to e;cee! twenty68ve thousan! pesos CP2)>000D. 5 another sanction hereun!er or un!er any other law is heavier> the latter shall apply. Mor$e vs. M%c +ssue* 6hether /- 3578 sec 9 was unconstitutional H)!D* %o. he -nti: ;raft -ct of 78<5 was aimed at curtailing and minimizing the opportunities for official corruption and maintaining a standard of honesty in the public ser$ice. +t is intended to further promote morality in public administration. - public office must indeed be a public trust. %obody can ca$il at its ob(ecti$e= the goal to be pursued commands the assent of all. he conditions then pre$ailing called for norms of such character. he times demanded such a remedial de$ice. By the pro$isions of the challenged section, it becomes much more difficult by those disposed to take ad$antage of their position to commit acts of graft and corruption. 6hile in the attainment of such public good, no infringement of constitutional rights is permissible, there must be a showing, clear, categorical, and undeniable, that what the Constitution condemns, the statute allows. +t would be to dwell in the realm of abstractions and to ignore the harsh and compelling realities of public ser$ice with its e$er:present temptation to heed the call of greed and a$arice to condemn as arbitrary and oppressi$e a re1uirement as that imposed on public officials and employees to file such sworn statement of assets and liabilities e$ery two years after ha$ing done so upon assuming office. he due process clause is not susceptible to such a reproach. here was therefore no unconstitutional exercise of police power. &arava%a vs. Sandiganbayan >ara$ata was an asst. principal when he informed the classroom teachers of the appro$al of the release of their salary differentials and to facilitate its payment accused and the classroom teachers agreed that accused follow:up the papers in Manila with the obligation on the part of the classroom teachers to reimburse the accused of his expenses. He did incur expenses in the amount of 23< for each of the < teachers. he teachers actually recei$ed their salary differentials and pursuant to said agreement, they, with the exception of ? teachers, ga$e the accused $arying amounts but as the administrator did not appro$e C2005 Criminal Law 2 Reviewer 6' it, he ordered the >ara$ata to return the money gi$en to him which he complied. >ara$ata was charged and con$icted under /- 3578 ')C 3@bA H)!D* >ara$ata was not in $iolation of /- 3578 'ec 3@bA. 'ec. 3@bA of /.-. %o. 3578, refers to a public officer whose official inter$ention is re1uired by law in a contract or transaction. here is no law which in$ests the petitioner with the power to inter$ene in the payment of the salary differentials of the complainants or anyone for that matter. 0ar from exercising any power, the petitioner played the humble role of a supplicant whose mission was to expedite payment of the salary differentials. +n his official capacity as assistant principal, he is not re1uired by law to inter$ene in the payment of the salary differentials. -ccordingly, he cannot be said to ha$e $iolated the law afore:cited although he exerted efforts to facilitate the payment of the salary differentials. (ries%e vs. Sandiganbayan Mayor rieste had been charged and con$icted for 7? $iolations of /- 3578 'ec 3 @hA for the purchases of construction materials by his municipality from a company of which he is allegedly the president. H)!D* %o $iolation. 2etitioner has di$ested his interest with the company. 2etitioner established that before he assumed office as mayor he had already sold his shares of the company to his sister. he sale was made by corresponding indorsements to her stock certificate which was duly recorded in the stock and transfer book of the corporation. +n as much as reasurer Bega signed and paid the $ouchers after the materials were deli$ered, petitioner"s signature on the $ouchers after payment is not, we submit, the kind of inter$ention contemplated under 'ection 3@hA of the anti:graft law is the actual inter$ention in the transaction in which one has financial or pecuniary interest in order that liability may attach. he official need not dispose his shares in the corporation as long as he does not do anything for the firm in its contract with the office. 0or the law aims to pre$ent the dominant use of influence, authority and power. here is absolutely no e$idence that petitioner had, in his capacity as Mayor, used his influence, power, and authority in ha$ing the transactions gi$en to rigen. Me)orada vs. Sandiganbayan Me(orada was a right:of:way agent with D26H. 2etitioner contacted the persons affected by the widening of the road and informed them that he could work out their claims for payment of the $alues of their lots andCor impro$ements affected by the widening of said highway. hey were paid more than what was the $alue of their property. /ight after the claimants had recei$ed the proceeds of their checks, accused accompanied them to his car where they were di$ested of the amounts paid to them. -ll the claimants were helpless to complaint because they were afraid of the accused and his armed companion. 2etitioner contends that the eight informations filed against him before the 'andiganbayan are fatally defecti$e in that it failed to allege the essential ingredients or elements constituting the offense penalized by 'ection 3@eA of /ep. -ct %o. 3578. H)!D* 'ection 3Ds reference to #any public officer# is without distinction or 1ualification and it specifies the acts declared unlawful. he last sentence of paragraph @eA is intended to make clear the inclusion of officers and employees of officers or go$ernment corporations, which, under the ordinary concept of #public officers# may not come within the term. +t is a strained construction of the pro$ision to read it as applying exclusi$ely to public officers charged with the duty of granting licenses or permits or other concessions. he go$ernment suffered undue in(ury as a result of his inflating the true claims of complainants which e$entually became the basis of payment. His contention that he had no participation is belied by the fact that as a right:of:way: agent, his duty was precisely to negotiate with property owners who are affected by highway constructions for the purpose of compensating them. ,n the part of the complainants, the in(ury caused to them consists in their being di$ested of a large proportion of their claims and recei$ing payment in an amount e$en lower than the actual damage they incurred. hey were depri$ed of the (ust compensation to which they are entitled. Plunder REPUBLIC ACT ). 4050 A) ACT DEFI)I)? A)D PE)ALIHI)? T@E CRIME OF PLU)DER IIll=-tten ,e!lthJ 66 means any asset> property> business enterprise or material possession o any person within the purview o "ection 2 ac?uire! by him directly or indirectly throu'h !ummies> nominees> a'ents> subor!inates an!Lor business associates by any combination or series o the ollowin' means or similar schemes@ 4D Throu'h misappropriation> conversion> misuse> or malversation o public un!s or rai!s on the public treasury0 2D 3y receivin'> !irectly or in!irectly> any commission> 'it> share> percenta'e> <ic<bac<s or any other orm o pecuniary bene8t rom any person an!Lor entity in connection with any 'overnment contract or pro(ect or by reason o the ofce or position o the public ofcer concerne!0 3D 3y the ille'al or rau!ulent conveyance or !isposition o assets belon'in' to the Fational Iovernment or any o its sub!ivisions> a'encies or instrumentalities or 'overnment6owne! or 6controlle! corporations an! their subsi!iaries0 %D 3y obtainin'> receivin' or acceptin' !irectly C2005 Criminal Law 2 Reviewer "0 or in!irectly any shares o stoc<> e?uity or any other orm o interest or participation inclu!in' promise o uture employment in any business enterprise or un!erta<in'0 )D 3y establishin' a'ricultural> in!ustrial or commercial monopolies or other combinations an!Lor implementation o !ecrees an! or!ers inten!e! to bene8t particular persons or special interests0 or +D 3y ta<in' un!ue a!vanta'e o ofcial position> authority> relationship> connection or inEuence to un(ustly enrich himsel or themselves at the e;pense an! to the !ama'e an! pre(u!ice o the 9ilipino people an! the =epublic o the Philippines. Who are 'uilty o plun!erR aD any public ofcer who> by himsel or in connivance with members o his amily> relatives by afnity or consan'uinity> business associates> subor!inates or other personsA !0!&&e&A !cc#0#l!te& r !cF#ire& ill=-tten ,e!lth thr#-h ! c0$in!tin r &erie& ' vert r cri0in!l !ct&> in the aggregate amount or total value of at least Seventy-fve million pesos (P75,,!" bD any person who participate! with sai! public ofcer in the commission o plun!er shall be punishe! by lie imprisonment with perpetual absolute !is?uali8cation rom hol!in' any public ofce. Who has (uris!ictionR 66 all prosecutions un!er this Act shall be within the ri-in!l /#ri&(ictin ' the S!n(i-!n$!.!n. Aow prove!R 66 9or purposes o establishin' the crime o plun!er> it shall not be necessary to prove each an! every criminal act !one by the accuse! in urtherance o the scheme or conspiracy to amass> accumulate or ac?uire ill6'otten wealth> it bein' sufcient to establish beyon! reasonable !oubt ! "!ttern ' vert r cri0in!l !ct& in(ic!tive ' the ver!ll #nl!,'#l &che0e r cn&"ir!c.. Prescription 66 The crime punishable un!er this Act shall prescribe in t,ent. 920; .e!r&. Aowever> the ri'ht o the "tate to recover properties unlawully ac?uire! by public ofcers rom them or rom their nominees or transerees &h!ll nt $e $!rre( $. "re&cri"tinA l!che&A r e&t""el. Article 2>3. Fr!#(& !-!in&t the "#$lic tre!&#r. Acts punishable@ 4. :nterin' into an a'reement with any intereste! party or speculator or ma<in' use o any other scheme> to !erau! the 'overnment> in !ealin' with any person with re'ar! to urnishin' supplies> the ma<in' o contracts> or the a!(ustment or settlement o accounts relatin' to public property or un!s0 2. $eman!in'> !irectly or in!irectly> the payment o sums !i/erent rom or lar'er than those authoriGe! by law> in collection o ta;es> licenses> ees> an! other imposts0 3. 9ailin' voluntarily to issue a receipt> as provi!e! by law> or any sum o money collecte! by him ofcially> in the collection o ta;es> licenses> ees> an! other imposts0 %. Collectin' or receivin'> !irectly or in!irectly> by way o payment or otherwise> thin's or ob(ects o a nature !i/erent rom that provi!e! by law> in the collection o ta;es> licenses> ees> an! other imposts. :lements o rau!s a'ainst public treasury un!er para'raph 4 4. O/en!er is a public ofcer0 2. Ae has ta<en a!vanta'e o his ofce> that is> he intervene! in the transaction in his ofcial capacity0 3. Ae entere! into an a'reement with any intereste! party or speculator or ma!e use o any other scheme with re'ar! to urnishin' supplies> the ma<in' o contracts> or the a!(ustment or settlement o accounts relatin' to public property or un!s0 %. Ae ha! intent to !erau! the 'overnment. Public ofcer must act in his ofcial capacity Crime o rau!s a'ainst public treasury is consummate! by merely enterin' into an a'reement with any intereste! party or speculator or by merely ma<in' use o any other scheme to !erau! Iovernment. :lements o ille'al e;actions un!er para'raph 2 4. O/en!er is a public ofcer entruste! with the collection o ta;es> licenses> ees an! other imposts0 2. Ae is 'uilty o any o the ollowin' acts or omissions@ b. $eman!in'> !irectly or in!irectly> the payment o sums !i/erent rom or lar'er than those authoriGe! by law0 or C2005 Criminal Law 2 Reviewer "1 c. 9ailin' voluntarily to issue a receipt> as provi!e! by law> or any sum o money collecte! by him ofcially0 or d. Collectin' or receivin'> !irectly or in!irectly> by way o payment or otherwise> thin's or ob(ects o a nature !i/erent rom that provi!e! by law. Crime o ille'al e;actions is consummate! by mere !eman! or lar'er or !i/erent amount rom that 8;e! by law. Collectin' ofcer must issue ofcial receipt otherwise hel! liable un!er this article. When there is !eceit in !eman!in' 'reater ees than those prescribe! by law> the crime is estaa not ille'al e;action. Ta; collector who collecte! a sum lar'er than that authoriGe! by law an! spent all o them is 'uilty o 2 crimes> namely@ ille'al e;action> or !eman!in' a 'reater amount0 an! malversation or misappropriatin' the amount collecte!. 35= or Customs ofcers an! employees not covere! by Art 243. F5=C or A!min Co!e applies to them. Article 2>*. Other Fr!#(& :lements@ 4. O/en!er is a public ofcer0 2. Ae ta<es a!vanta'e o his ofcial position0 3. Ae commits any o the rau!s or !eceits enumerate! in Article 34) to 34. C:staa> other orms o swin!lin'> swin!lin' a minor an! other !eceitsD =TC has (uris!iction when Art 24% is involve! as MTCs !o not have (uris!iction to impose the principal penalty in Art. 24% o !is?uali8cation Article 2>1. Prhi$ite( Tr!n&!ctin& :lements 4. O/en!er is an appointive public ofcer0 2. Ae becomes intereste!> !irectly or in!irectly> in any transaction o e;chan'e or speculation0 3. The transaction ta<es place within the territory sub(ect to his (uris!iction0 %. Ae becomes intereste! in the transaction !urin' his incumbency. Transaction must be one o e;chan'e or speculation such as buyin' re'ularly securities or resale. Purchasin' o stoc<s or shares in a company is simply an investment an! not a violation o Art. 24). :;amples o appointive public ofcer who may not en'a'e in the commercial proession either in person or by pro;y@ (ustices> (u!'es or 8scals> employees en'a'e! in the collection an! a!ministration o public un!s. Article 2>3. P&&e&&in ' "rhi$ite( intere&t $. ! "#$lic %cer Persons liable@ 4. Public ofcer who> !irectly or in!irectly> became intereste! in any contracts or business in which it was his ofcial !uty to intervene0 2. :;perts> arbitrators> an! private accountants who> in li<e manner> too< part in any contract or transaction connecte! with the estate or property in the appraisal> !istribution or a!(u!ication o which they ha! acte!0 3. Iuar!ians an! e;ecutors with respect to the property belon'in' to their war!s or the estate. This provision is applicable to e;perts> arbitrators an! private accountants who> in li<e manner> shall ta<e part in any contract or transaction connecte! with the estate or property in appraisal !istribution or a!(u!ication o which they shall have acte!> an! to the 'uar!ians an! e;ecutors with respect tom the property belon'in' to their war!s or estate. Actual rau! is not necessary Sectin >*A Article :I ' the Cn&tit#tin Fo "enator or Member o the Aouse o =epresentatives may personally appear as counsel beore any court o (ustice or beore the :lectoral Tribunals> or ?uasi6 (u!icial an! other a!ministrative bo!ies. Feither shall he> !irectly or in!irectly> be intereste! 8nancially in any contract with> or in any ranchise or special privile'e 'rante! by the Iovernment or any sub!ivision> a'ency or instrumentality thereo> inclu!in' any 'overnment6owne! or controlle! corporation or its subsi!iary> !urin' his term o ofce. Ae shall not intervene in any matter beore any ofce o the 'overnment or his pecuniary bene8t or where he may be calle! upon to act on account o his ofce. C2005 Criminal Law 2 Reviewer "2 Sectin >3A Article :II ' the Cn&tit#tin The Presi!ent> Nice6Presi!ent> the Members o the Cabinet an! their !eputies or assistant shall not> unless otherwise provi!e! in this Constitution> hol! any other ofce or employment !urin' their tenure. They shall not> !urin' sai! tenure> !irectly or in!irectly> practice any other proession> participate in any business> or be 8nancially intereste! in any contract with> or in any ranchise> or special privile'e 'rante! by the Iovernment or any sub!ivision> a'ency or instrumentality thereo> inclu!in' 'overnment6owne! or controlle! corporations or their subsi!iaries. They shall strictly avoi! conEict o interest in the con!uct o their ofce. Sectin 2A Article IK=A ' the Cn&tit#tin Fo member o a Constitutional Commission shall> !urin' his tenure> hol! any ofce or employment. Feither shall he en'a'e in the practice o any proession or in the active mana'ement or control o any business which in any way may be a/ecte! by the unctions o his ofce> nor shall he be 8nancially intereste!> !irectly or in!irectly> in any contract with> or in any ranchise or privile'e 'rante! by the 'overnment> or any o its sub!ivisions> a'encies> or instrumentalities> inclu!in' 'overnment6owne! or controlle! corporations or their subsi!iaries. Article 2>4. M!lver&!tin ' "#$lic '#n(& Acts punishable@ 4. Appropriatin' public un!s or property0 2. Ta<in' or misappropriatin' the same0 3. Consentin'> or throu'h aban!onment or ne'li'ence> permittin' any other person to ta<e such public un!s or property0 an! %. 3ein' otherwise 'uilty o the misappropriation or malversation o such un!s or property. :lements common to all acts o malversation un!er Article 24- 4. O/en!er is a public ofcer0 2. Ae ha! the custo!y or control o un!s or property by reason o the !uties o his ofce0 3. Those un!s or property were public un!s or property or which he was accountable0 %. Ae appropriate!> too<> misappropriate! or consente! or> throu'h aban!onment or ne'li'ence> permitte! another person to ta<e them. Also <nown as embeGGlement Fature o !uties> not name o ofce is controllin' 9un!s or property must be receive! in ofcial capacity A public ofcer havin' only a ?uali8e! char'e o 'overnment property without authority to part with physical possession o it unless upon or!er rom his imme!iate superior> cannot be hel! liable or malversation. This rule !oes not apply when the accuse! ha! authority to receive money pertainin' to the Iovernment. A private person conspirin' with an accountable public ofcer in committin' malversation is also 'uilty o malversation. ,n!er Art. 222 private in!ivi!uals may also 'uilty o malversation. Private property may be involve! malversation. This article applies to a!ministrators or !epositories o un!s or property attache!> seiGe!> or !eposite! by public authority> even i such property belon's to a private in!ivi!ual. 5n malversation not committe! throu'h ne'li'ence> lac< o criminal intent or 'oo! aith is a !eense. Presumption rom ailure to have !uly orthcomin' public un!s or property upon !eman! is prima acie evi!ence that the sai! un!s have been put to personal use. This may be rebutte!. =eturn o the un!s malverse! is only a miti'atin' circumstance. When at the very moment the shorta'e is !iscovere!> the shorta'e is pai! by public ofcer rom his poc<et> he is not liable or malversation. When the accountable ofcer is obli'e! to 'o out o his ofce an! borrow the sum alle'e! to be the shorta'e an! later the missin' amount is oun! in some unaccustome! place in his ofce> he is not liable or malversation. $eman! not necessary in malversation in spite o the last para'raph in Art. 24- as the latter provi!es only or a rule o proce!ural law> a rule o evi!ence an! no more. A person whose ne'li'ence ma!e possible the commission o malversation may be hel! liable as principal by in!ispensable cooperation in the comple; crime o malversation throu'h alsi8cation o a public !ocument by rec<less ne'li'ence. C2005 Criminal Law 2 Reviewer "3 $ama'e to Iovernment not necessary. Penalty is base! on the amount involve!> not on the amount o !ama'e to the 'overnment. Laba%agos vs. Sandiganbayan !abatagos was the cashier and collecting officer of the Mindanao 'tate Eni$ersity. 'he filed a lea$e of absence and did not discharge her duties for the said period. 6hen C,- conducted the examination, the petitioner did not ha$e any cash in her possession, so she was asked to produce all her records, books of collection, copies of official receipts and remittance ad$ices and her monthly reports of collections. 2etitioner incurred shortages. 2etitioner was charged and con$icted of mal$ersation of public funds. H)!D* Con$iction upheld. Her claim that she signed the audit report and statement of collections and deposits prepared by the audit team of 0rancisco /i$era on the understanding that her shortage was only 2?,555.55 is belied by the figures clearly reflected on the said documents. Mrs. )ster ;uanzon, the prosecutionDs rebuttal witness, confirmed that the accused filed application for maternity lea$e in March 789F but continued reporting for work during that month and that she @;uanzonA was the one assigned to collect the fees in her stead. 6hen the accused was physically absent from office, she also turned o$er her collections to the accused in the latterDs house with the duplicate copies of the receipts she issued which the accused signed after satisfying herself that the amounts turned o$er tallied with the receipts. -ll the other sums allegedly taken from the accused by Director ,sop, -likhan Marohombsar and -uditor Casan supported as they are by mere pieces of paper, despite the admission by Director ,sop of ha$ing signed some of them were not $alid disbursements. ;ranting that the amounts reflected in the chits were really secured by the persons who signed them, the responsibility to account for them still rests in the accused accountable officer. Malversation consists not only in misappropriation or converting public funds or property to ones personal use but also by knowingly allowing others to make use of or misappropriate them. *s%epa vs. Sandiganbayan )stepa, then a senior paymaster lost 245,555 go$ernment money. 2etitionerDs contention is that the facts alleged in the information did not constitute an offense since there can be no crime of mal$ersation of public funds through mere failure to count the money. H)!D* +n the crime of mal$ersation, all that is necessary for con$iction is proof that the accountable officer had recei$ed the public funds and that he did not ha$e them in his possession when demand therefore was made and he could not satisfactorily explain his failure so to account. -n accountable public officer may be con$icted for mal$ersation e$en if there is no direct e$idence of personal misappropriation, where he has not been able to explain satisfactorily the absence of the public funds in$ol$ed. +logon vs. Sandiganbayan +logon was the acting 2ostmaster when the examination showed that the petitioner incurred a shortage in his accounts. He was charged and con$icted of mal$ersation of public funds. H)!D* +n the crime of mal$ersation, all that is necessary for con$iction is proof that the accountable officer had recei$ed public funds and that he did not ha$e them in his possession when demand 9Gherefore was made. here is e$en no need of direct e$idence of personal misappropriation as long as there is a shortage in his account and petitioner cannot satisfactorily explain the same. he fact that petitioner did not personally use the missing funds is not a $alid defense and will not exculpate him from his criminal liability. -nd as aptly found by respondent 'andiganbayan, Hthe fact that @theA immediate superiors of the accused @petitioner hereinA ha$e ac1uiesced to the practice of gi$ing out cash ad$ances for con$enience did not legalize the disbursementsI. he fact also that petitioner fully settled the amount of 277F,553.75 later is of no moment. he return of funds mal$ersed is not a defense. +t is neither an exempting circumstance nor a ground for extinguishing the accusedDs criminal liability. -t best, it is a mitigating circumstance. ,-arcon vs. Sandiganbayan -zarcon owned and operated an earth:mo$ing business, hauling. ,ccasionally, he engaged the ser$ices of sub: contractors like >aime -ncla whose trucks were left at the formerDs premises.
- 6arrant of Distraint of 2ersonal 2roperty was issued by the B+/ to the personal property of >aime -ncla, a delin1uent taxpayer. !ater on, -zarcon wrote the B+/ stating -ncla surreptitiously withdrew his e1uipment from hiss custody. Because of this, -zarcon was charged and con$icted of mal$ersation of public property. he issue here is whether petitionerDs designation by the B+/ as a custodian of distrained property 1ualifies as appointment by direct pro$ision of law, or by competent authority H)!D* %ot a public officer. he case of U.S. vs. Rastrollo is not applicable to the case before us simply because the facts therein are not identical, similar or analogous to those obtaining here. 6hile the cited case in$ol$ed a judicial deposit of the proceeds of the sale of attached property in the hands of the debtor, the case at bench dealt with the B+/Ds administrati$e act of effecting constructi$e distraint o$er alleged property of taxpayer -ncla in relation to his back taxes, property which was recei$ed by 2etitioner -zarcon. +n the cited case, it was clearly within the scope of that courtDs (urisdiction and (udicial power to constitute the (udicial deposit and gi$e Hthe depositary a character e1ui$alent to that of a public official.I Howe$er, in the instant case, while the B+/ had authority to re1uire 2etitioner -zarcon to sign a receipt for the distrained truck, the %+/C did not grant it power to appoint -zarcon a public officer. .eople v. /a0,con 120062 C2005 Criminal Law 2 Reviewer "! -rticle ?79 no longer re1uires proof by the 'tate that the accused actually appropriated, took, or misappropriated public funds or property. +nstead, a presumption, though disputable and rebuttable, was installed that upon demand by any duly authorized officer, the failure of a public officer to ha$e duly forthcoming any public funds or propertyJ with which said officer is accountableJshould be prima facie e$idence that he had put such missing funds or properties to personal use. 6hen these circumstances are present, a Hpresumption of lawI arises that there was mal$ersation of public funds or properties as decreed by -rticle ?79. Article 2>5. F!il#re ' !cc#nt!$le %cer t ren(er !cc#nt& :lements@ 4. O/en!er is public ofcer> whether in the service or separate! thererom by resi'nation or any other cause0 2. Ae is an accountable ofcer or public un!s or property0 3. Ae is re?uire! by law or re'ulation to ren!er account to the Commission on Au!it> or to a provincial au!itor0 %. Ae ails to !o so or a perio! o two months ater such accounts shoul! be ren!ere!. $eman! or accountin' not necessary> it is sufcient that there is a law or re'ulation re?uirin' him to ren!er account. The reason or this law is the enorcement by penal provision the perormance o the !uty incumbent upon every public employee who han!les 'overnment un!s to ren!er an account o all he receives o has in his char'e by reason o his employment. Misappropriation not necessary. Article 2><. F!il#re ' !cc#nt!$le %cer t ren(er !cc#nt& $e're le!vin- the c#ntr. :lements@ 4. O/en!er is a public ofcer0 2. Ae is an accountable ofcer or public un!s or property0 3. Ae unlawully leaves or attempts to leave the Philippine 5slan!s without securin' a certi8cate rom the Commission on Au!it showin' that his accounts have been 8nally settle!. Article 220. Ille-!l #&e ' "#$lic '#n(& r "r"ert. 9TEC@)ICAL MAL:ERSATIO); :lements@ 4. O/en!er is a public ofcer0 2. There are public un!s or property un!er his a!ministration0 3. "uch un! or property were appropriate! by law or or!inance0 %. Ae applies such public un! or property to any public use other than or which it was appropriate! or. Also <nown as technical malversation 5lle'al use o public un!s or property !istin'uishe! rom malversation@ 4. O/en!ers in both crimes are public ofcers 2. 5n 5lle'al use> the public ofcer !oes not !erive personal 'ain o pro8t>0 5n malversation> the o/en!er in certain cases pro8ts 3. 5n 5lle'al use> the public un! or property is applie! to another public use0 5n malversation> the public un! or property is applie! to personal use. Article 22>. F!il#re t 0!Le (eliver. ' "#$lic '#n(& r "r"ert. Acts punishable@ 4. 9ailin' to ma<e payment by a public ofcer who is un!er obli'ation to ma<e such payment rom 'overnment un!s in his possession0 2. =eusin' to ma<e !elivery by a public ofcer who has been or!ere! by competent authority to !eliver any property in his custo!y or un!er his a!ministration. :lements o ailure to ma<e payment@ 4. Public ofcer has 'overnment un!s in his possession0 2. Ae is un!er obli'ation to ma<e payment rom such un!s0 3. Ae ails to ma<e the payment maliciously. =eusal to ma<e !elivery o property must be malicious Article 222. O%cer& incl#(e( in the "rece(in- "rvi&in& 4. private in!ivi!uals who> in any capacity whatever> have char'e o any national> provincial or municipal un!s> revenues> or property C2005 Criminal Law 2 Reviewer "5 2. any a!ministrator or !epository o un!s or property attache!> seiGe! or !eposite! by public authority> even i such property belon's to a private in!ivi!ual. *u!icial a!ministrator Co estate o !ecease!D not covere!> conversion o e/ects ma<es him liable or estaa. Private property is inclu!e! provi!e! it is attache!> seiGe! or !eposite! by public authority. Campomanes v. .eople 120062 -s gleaned from the partiesD stipulation of facts, the 2'C and the 0+D) entered here into a contract re1uiring the 2'C to pro$ide the 0+D) the funds for the latter to organize the Chess ,lympiad and Congress in Manila. he 2'C deli$ered the funds to the 0+D), which apparently successfully organized the Chess ,lympiad and Congress since the 2'C does not claim that the 0+D) failed to organize the two e$ents. +n short, the 0+D) complied with its undertaking under the contract. here is no claim by the 2'C or the C,- that the 0+D), a foreign non:go$ernmental entity, is obligated under the contract to render an accounting. here is also no showing that the 2'CDs charter or any law or regulation re1uires the 0+D) to render an accounting to the 2'C or the C,- as a condition for the receipt of funds. Clearly, this situation cannot gi$e rise to criminal liability on the part of the 0+D)Ds officers under -rticle ??? of the /e$ised 2enal Code which admittedly re1uires that there must be a Hlaw or regulationI re1uiring the rendering of accounts by pri$ate indi$iduals. Article 223. Cnnivin- ,ith r cn&entin- t ev!&in 4. O/en!er is a public ofcer0 2. Ae ha! in his custo!y or char'e a prisoner> either !etention prisoner or prisoner by 8nal (u!'ment0 3. "uch prisoner escape! rom his custo!y0 %. Ae was in connivance with the prisoner in the latterHs escape. Classes o prisoners involve!@ 4. 5 the u'itive has been sentence! by 8nal (u!'ment to any penalty0 2. 5 the u'itive is hel! only as !etention prisoner or any crime or violation o law or municipal or!inance. =elease o !etention prisoner who coul! not be !elivere! to the (u!icial authority within the time 8;e! by law is not in8!elity in the custo!y o the prisoner Beniency or la;ity is not in8!elity. =ela;ation o imprisonment is consi!ere! in8!elity. Article 22*. Ev!&in thr#-h ne-li-ence :lements@ 4. O/en!er is a public ofcer0 2. Ae is char'e! with the conveyance or custo!y o a prisoner or prisoner by 8nal (u!'ment0 3. "uch prisoner escapes throu'h ne'li'ence. $etention prisoners inclu!e! Only the positive carelessness that is short o !eliberate non6perormance o his !uties as 'uar! that is the 'ravamen o the crime un!er Art 22%. The act that the public ofcer recapture! the escape! prisoner !oes not a/or! complete e;culpation. Biability o escapin' prisoner@ 4. 5 servin' sentence by reason o 8nal (u!'ment6 evasion o service un!er Art 4)- 2. 5 !etention prisoner> no criminal liability. R(ill!& v&. S!n(i-!n$!.!n =o!illas was a Patrolman when he was !irecte! by his superior> to escort prisoners to ace trial. While waitin' or the arrival o the (u!'e> Pat. An!res> a relative o the husban! o !etention prisoner Senai!a> approache! the accuse! an! re?ueste! the latter i he coul! permit Senai!a to tal< to her husban!. The accuse! consente! an! Senai!a ha! a short tal< with her husban!. Ae consente! to the re?uest that they eat at the canteen. While eatin'> the husban! o Senai!a as<e! accuse! i he coul! accompany his wie to the comort room as she was not eelin' well an! elt li<e !eecatin'. The accuse! accompanie! Senai!a an! a la!y companion to the la!iesP comort room. Senai!a an! her la!y companion entere! the comort room> while he stoo! 'uar! near the la!iesP comort room acin' the !oor. Fot lon' ater> the la!y companion o Senai!a came out o the comort room an! tol! him that she was 'oin' to buy sanitary nap<ins or Senai!a. Ater ten minutes elapse! without the la!y companion o Senai!a comin' bac<> the accuse! became suspicious an! entere! the comort room. To his surprise> he oun! Senai!a no lon'er insi!e the comort room. Ae imme!iately went out to loo< or the escapee insi!e the buil!in' but they were not able to see her. Accuse! was unable to recapture Senai!a. Was the "an!i'anbayan correct in hol!in' the petitioner 'uilty o in8!elity in the custo!y o a prisoner throu'h ne'li'ence penaliGe! un!er Art. 22%R C2005 Criminal Law 2 Reviewer "6 A:B$@ Tes. The only !ispute! issue is the petitionerPs ne'li'ence resultin' in the escape o !etention prisoner Senai!a An!res. The ne'li'ence reerre! to in the =evise! Penal Co!e is such !e8nite la;ity as all but amounts to a !eliberate non6perormance o !uty on the part o the 'uar!. 5t is evi!ent rom the recor!s that the petitioner acte! ne'li'ently an! beyon! the scope o his authority when he permitte! his char'e to create the situation which le! to her escape. The petitioner conten!s that human consi!erations compelle! him to 'rant Senai!a An!resP re?uests to ta<e lunch an! to 'o to the comort room to relieve hersel. As a police ofcer who was char'e! with the !uty to return the prisoner !irectly to (ail> the !eviation rom his !uty was clearly a violation o the re'ulations. 5t is the !uty o any police ofcer havin' custo!y o a prisoner to ta<e necessary precautions to assure the absence o any means o escape. A ailure to un!erta<e these precautions will ma<e his act one o !e8nite la;ity or ne'li'ence amountin' to !eliberate non6perormance o !uty. Ais tolerance o arran'ements whereby the prisoner an! her companions coul! plan an! ma<e 'oo! her escape shoul! have arouse! the suspicion o a person o or!inary pru!ence. Article 221. E&c!"e ' "ri&ner #n(er the c#&t(. ' ! "er&n nt ! "#$lic %cer :lements@ 4. O/en!er is a private person0 2. The conveyance or custo!y o a prisoner or person un!er arrest is con8!e! to him0 3. The prisoner or person un!er arrest escapes0 %. O/en!er consents to the escape> or that the escape ta<es place throu'h his ne'li'ence. 5napplicable i the private person is the one who ma!e the arrest an! he consente! to the escape o the person he arreste! Article 223. Re0v!lA cnce!l0entA r (e&tr#ctin ' (c#0ent& :lements@ 4. O/en!er is a public ofcer0 2. Ae abstracts> !estroys or conceals a !ocument or papers0 3. "ai! !ocument or papers shoul! have been entruste! to such public ofcer by reason o his ofce0 %. $ama'e> whether serious or not> to a thir! party or to the public interest has been cause!. Public ofcer must be ofcially entruste! with the !ocuments or papers $ocuments must be complete an! one by which a ri'ht coul! be establishe! or an obli'ation coul! be e;tin'uishe! 3oo<s> perio!icals an! pamphlets not !ocuments Papers inclu!e chec<s> promissory notes an! paper money 5n8!elity in the custo!y o the !ocument !istin'uishe! rom malversation an! alsi8cation@ When the postmaster receive! money or!ers> si'ne! the si'natures o the payees> collecte! an! appropriate! the respective amounts thereo> the postmaster is 'uilty o malversation an! alsi8cation> the latter crime havin' been committe! the malversation. 3ut when the postmaster receives letters or envelopes containin' money or!ers or transmission an! the money or!ers are not sent to the a!!ressees> the postmaster cashin' the same or his own bene8t> he is 'uilty o in8!elity in the custo!y o papers. Money bills receive! as court e;hibits are papers. Acts punishable@ removin'> !estroyin'> concealin'> !ocuments or papers ofcially entruste! to the o/en!in' public ofcer. 5t is not necessary that the act o removal must be couple! with proo o intention to conceal. Accor!in'ly> removal> !estruction an! concealment are !istinct mo!es o committin' the o/ense. The removal is or a illicit purpose when o/en!er inten!s to C4D tamper with it or C2D pro8t with it o C3D commit an act constitutin' a breach o trust in the ofcial care thereo. The crime o removal o public !ocuments in breach o ofcial trust is consummate! upon its removal rom its usual place in the ofce. 5n8!elity in the custo!y o !ocument by !estroyin' or concealin' it !oes not re?uire proo o illicit purpose. $eliverin' !ocument to the wron' party is in8!elity in the custo!y thereo. There must be !ama'e> 'reat or small> which may consist in mere alarm to the public or alienation o its con8!ence in any branch o 'overnment service. Article 224. O%cer $re!Lin- &e!l :lements@ 4. O/en!er is a public ofcer0 2. Ae is char'e! with the custo!y o papers or property0 C2005 Criminal Law 2 Reviewer "" 3. These papers or property are seale! by proper authority0 %. Ae brea<s the seal or permits them to be bro<en. 5t is the brea<in' o the seals> not openin' o close! envelope that is punishable un!er the Article. $ama'e or intent to cause !ama'e is not necessary. $istinction between in8!elity an! thet 4. There is in8!elity i the o/en!er opene! the letter but !i! not ta<e the same. 2. There is thet i there is intent to 'ain when the o/en!er too< the money. Fote that he !ocument must be complete in le'al sense. 5 the writin's are mere orm> there is no crime. Article 225. O"enin- ' cl&e( (c#0ent& :lements@ 4. O/en!er is a public ofcer0 2. Any close! papers> !ocuments> or ob(ect are entruste! to his custo!y0 3. Ae opens or permits to be opene! sai! close! papers> !ocuments or ob(ects0 %. Ae !oes not have proper authority. Custo!y means a 'uar!in' or <eepin' sae Close! !ocuments must be entruste! to the custo!y o the accuse! by reason o his ofce $ama'e or intent to cause !ama'e not an element 5 public ofcer bro<e a seal in openin' close! papers> what is the o/enseR 3rea<in' the seal> because Article 22. re?uires that the ofcer must Unot be inclu!e! in the provisions o the ne;t prece!in' articleV. Article 22<. Revel!tin ' &ecret& $. !n %cer Acts punishable@ 4. =evealin' any secrets <nown to the o/en!in' public ofcer by reason o his ofcial capacity0 :lements 4. O/en!er is a public ofcer0 2. Ae <nows o a secret by reason o his ofcial capacity0 3. Ae reveals such secret without authority or (usti8able reasons0 %. $ama'e> 'reat or small> is cause! to the public interest. "ecret must a/ect public interest :spiona'e not contemplate! here as this article punishes minor ofcial betrayals> in8!elities o little conse?uence> a/ectin' usually the a!ministration o (ustice> e;ecutive or ofcial !uties> or the 'eneral interest o the public or!er "ecrets o private persons not inclu!e! 2. $eliverin' wron'ully papers or copies o papers o which he may have char'e an! which shoul! not be publishe!. :lements@ 4. O/en!er is a public ofcer0 2. Ae has char'e o papers0 3. Those papers shoul! not be publishe!0 %. Ae !elivers those papers or copies thereo to a thir! person0 ). The !elivery is wron'ul0 +. $ama'e is cause! to public interest. O/en!er must have char'e o papers or its copies $istin'uish rom in8!elity in the custo!y o !ocuments or papers by removin' the same@ 5 the papers contain secrets an! thereore shoul! not be publishe!> an! the public ofcer havin' char'e removes it an! !elivers them wron'ully to a thir! person the crime is revelation o secrets by a public ofcer. 5 papers !o not contain secrets> the removal or an illicit purpose is in8!elity in the custo!y o !ocuments. Article 230. P#$lic %cer reve!lin- &ecret& ' "riv!te in(ivi(#!l :lements@ 4. O/en!er is a public ofcer0 2. Ae <nows o the secrets o a private in!ivi!ual by reason o his ofce0 3. Ae reveals such secrets without authority or (usti8able reason. C2005 Criminal Law 2 Reviewer "# =evelation to one person is sufcient> public revelation not re?uire! When the o/en!er is an attorney at law or solicitor Art 230 is not applicable but Art 202. $ama'e to private person not necessary since the reason o the provision is to uphol! aith an! trust in the public service Article 23>. O"en (i&$e(ience 4. Ofcer is a (u!icial or e;ecutive ofcer0 2. There is a (u!'ment> !ecision or or!er o a superior authority0 3. "uch (u!'ment> !ecision or or!er was ma!e within the scope o the (uris!iction o the superior authority an! issue! with all the le'al ormalities0 %. Ae> without any le'al (usti8cation> openly reuses to e;ecute the sai! (u!'ment> !ecision or or!er> which he is !uty boun! to obey. Article 232. Di&$e(ience t r(er ' &#"erir %cerA ,hen &!i( r(er ,!& &#&"en(e( $. in'erir %cer 4. O/en!er is a public ofcer0 2. An or!er is issue! by his superior or e;ecution0 3. Ae has or any reason suspen!e! the e;ecution o such or!er0 %. Ais superior !isapproves the suspension o the e;ecution o the or!er0 ). O/en!er !isobeys his superior !espite the !isapproval o the suspension. This article !oes not apply i the or!er o the superior is ille'al. Article 233. Re'#&!l ' !&&i&t!nce 4. O/en!er is a public ofcer0 2. A competent authority !eman!s rom the o/en!er that he len! his cooperation towar!s the a!ministration o (ustice or other public service0 3. O/en!er ails to !o so maliciously. $ama' e to public interest or to a thir! party is essential. Article 23*. Re'#&!l t (i&ch!r-e elective %ce 4. O/en!er is electe! by popular election to a public ofce0 2. Ae reuses to be sworn in or to !ischar'e the !uties o sai! ofce0 3. There is no le'al motive or such reusal to be sworn in or to !ischar'e the !uties o sai! ofce. The reason is that once an in!ivi!ual is electe! to an ofce by the will o the people> the !ischar'e o the !uties o sai! ofce becomes a matter o !uty. Fot applicable to appointive ofcers Article 231. M!ltre!t0ent ' "ri&ner& :lements@ 4. O/en!er is a public ofcer or employee0 2. Ae has un!er his char'e a prisoner or !etention prisoner0 3. Ae maltreats such prisoner in either o the ollowin' manners@ a. 3y over!oin' himsel in the correction or han!lin' o a prisoner or !etention prisoner un!er his char'e either 6 C4D 3y the imposition o punishment not authoriGe! by the re'ulations0 or C2D 3y inEictin' such punishments Cthose authoriGe!D in a cruel an! humiliatin' manner0 or b. 3y maltreatin' such prisoners to e;tort a conession or to obtain some inormation rom the prisoner. Public ofcer must have actual char'e o the prisoner O/en!e! party must be convict or !etention prisoner To be a !etention prisoner> the arreste! person must be in (ail even or a short while. The maltreatment must C4D relate to the correction or han!lin' o the prisoner or C2D be or the purpose o e;tortin' a conession or o obtainin' some inormation rom the prisoner. O/en!er may also be liable or physical in(uries or !ama'e cause! C2005 Criminal Law 2 Reviewer "' Article 233. Antici"!tin ' (#tie& ' ! "#$lic %ce 4. O/en!er is entitle! to hol! a public ofce or employment> either by election or appointment0 2. The law re?uires that he shoul! 8rst be sworn in an!Lor shoul! 8rst 'ive a bon!0 3. Ae assumes the perormance o the !uties an! powers o such ofce0 %. Ae has not ta<en his oath o ofce an!Lor 'iven the bon! re?uire! by law. Article 234. Prln-in- "er'r0!nce ' (#tie& !n( ",er& 4. O/en!er is hol!in' a public ofce0 2. The perio! provi!e! by law> re'ulations or special provision or hol!in' such ofce> has alrea!y e;pire!0 3. Ae continues to e;ercise the !uties an! powers o such ofce. 4. A public ofcer who has been suspen!e!> separate!> !eclare! overa'e! or !ismisse! cannot continue to perorm the !uties o his ofce. Article 235. A$!n(n0ent ' %ce r "&itin 4. O/en!er is a public ofcer0 2. Ae ormally resi'ns rom his position0 3. Ais resi'nation has not yet been accepte!0 %. Ae aban!ons his ofce to the !etriment o the public service. There must be a written or ormal resi'nation> verbal statement is not allowe! The o/ense is ?uali8e! when the aban!onment was or the purpose to eva!e the !ischar'e o !uties o preventin'> prosecutin'> or punishin' any o the crimes o C4D treason> C2D conspiracy an! proposal to commit treason> C3D misprision o treason> C%D espiona'e> C)D incitin' to war or 'ivin' motives or reprisal> C+D violation o neutrality> C-D correspon!ence with hostile country> C.D Ei'ht to enemy country> C2D piracy an! mutiny> C40D rebellion> C44D coup !H etat> C42D conspiracy an! proposal to commit coup !H etat or rebellion> C43D !isloyalty o public ofcers> C4%D incitin' to rebellion> C4)D se!ition> C4+D conspiracy to commit se!ition an! C4-D incitin' to se!ition. Art 23. !istin'uishe! rom Art. 20.@ 4. Art. 23. is committe! by any public ofcer while in Art 20. is committe! by public ofcers who have the !uty to institute prosecution or the punishment an! violation o the law 2. Art. 23. > public ofcer aban!ons ofce to eva!e the !ischar'e o !uty> in Art 20.> the public ofcer !oes not aban!on his ofce but ails to prosecute an o/ense by !ereliction o !uty or malicious tolerance o the commission o the o/ense. Article 23<. U&#r"!tin ' le-i&l!tive ",er& 4. O/en!er is an e;ecutive or (u!icial ofcer0 2. Ae CaD ma<es 'eneral rules or re'ulations beyon! the scope o his authority or CbD attempts to repeal a law or CcD suspen!s the e;ecution thereo. Article 2*0. U&#r"!tin ' eEec#tive '#nctin& 4. O/en!er is a (u!'e0 2. Ae CaD assumes a power pertainin' to the e;ecutive authorities> or CbD obstructs the e;ecutive authorities in the lawul e;ercise o their powers. 4. Be'islative ofcers not liable Article 2*>. U&#r"!tin ' /#(ici!l '#nctin& 4. O/en!er is an ofcer o the e;ecutive branch o the 'overnment0 2. Ae CaD assumes (u!icial powers> or CbD obstructs the e;ecution o any or!er or !ecision ren!ere! by any (u!'e within his (uris!iction. 2. Arts 23262%4 punish intererence by the ofcers o one o the three branches o 'overnment with unctions o ofcers in another !epartment. The purpose is to maintain the separation an! in!epen!ence o the three !epartments. Article 2*2. Di&$e.in- reF#e&t 'r (i&F#!liCc!tin 4. O/en!er is a public ofcer0 2. A procee!in' is pen!in' beore such public ofcer0 C2005 Criminal Law 2 Reviewer #0 3. There is a ?uestion brou'ht beore the proper authority re'ar!in' his (uris!iction> which is not yet !eci!e!0 %. Ae has been lawully re?uire! to rerain orm continuin' the procee!in'0 ). Ae continues the procee!in'. Article 2*3. Or(er& r reF#e&t& $. eEec#tive %cer& t !n. /#(ici!l !#thrit. 4. O/en!er is an e;ecutive ofcer0 2. Ae a!!resses any or!er or su''estion to any (u!icial authority0 3. The or!er or su''estion relates to any case or business comin' within the e;clusive (uris!iction o the courts o (ustice. Purpose is to maintain in!epen!ence o the (u!iciary Be'islative or (u!icial ofcers not liable Article 2**. Unl!,'#l !""int0ent& 9Art. 2**; 4. O/en!er is a public ofcer0 2. Ae nominates or appoints a person to a public ofce0 3. "uch person lac<s the le'al ?uali8cations thereore0 %. O/en!er <nows that his nominee or appointee lac<s the ?uali8cation at the time he ma!e the nomination or appointment. Fominate is !i/erent rom recommen!. =ecommen!in'> <nowin' that the person recommen!e! has no ?uali8cation> is not a crime. Article 2*1. A$#&e& !-!in&t ch!&tit. Acts punishable@ 4. "olicitin' or ma<in' immoral or in!ecent a!vances to a woman intereste! in matters pen!in' beore the o/en!in' ofcer or !ecision> or with respect to which he is re?uire! to submit a report to or consult with a superior ofcer0 2. "olicitin' or ma<in' immoral or in!ecent a!vances to a woman un!er the o/en!erHs custo!y0 3. "olicitin' or ma<in' immoral or in!ecent a!vances to the wie> !au'hter> sister or relative within the same !e'ree by afnity o any person in the custo!y o the o/en!in' war!en or ofcer. :lements@ 4. O/en!er is a public ofcer0 2. Ae solicits or ma<es immoral or in!ecent a!vances to a woman0 3. "uch woman is 6 a. intereste! in matters pen!in' beore the o/en!er or !ecision> or with respect to which he is re?uire! to submit a report to or consult with a superior ofcer0 or b. un!er the custo!y o the o/en!er who is a war!en or other public ofcer !irectly char'e! with the care an! custo!y o prisoners or persons un!er arrest0 or c. the wie> !au'hter> sister or relative within the same !e'ree by afnity o the person in the custo!y o the o/en!er. "olicit is to propose earnestly an! persistently somethin' unchaste an! immoral to a woman. A!vances must be immoral or in!ecent Consummate! by mere proposal Proo o solicitation not necessary when there is se;ual intercourse Mother o the person in the custo!y o the o/en!er not inclu!e!.