CRIM2 SY 2018-2019 2nd Semester

TITLE SEVEN: CRIMES COMMITTED BY PUBLIC OFFICERS

ART 203 WHO ARE PUBLIC OFFICERS:
1. Taking part in public functions in the Gov't OR performing in said Gov't public duties as an employee, agent, or subordinate official of any rank or class
2. Authority to take part in performance of public functions or perform public duties
- by direct provision of law
- by popular election
- by appointment by competent authority
MISFEASANCE improper performance of some act which NONFEASANCE omission of some act which ought to be MALFEASANCE performance of some act which ought not
might have been lawfully done performed to be done
Art 204 Knowingly rendering unjust judgment Art 208 Dereliction of duty in prosecution of offenses Art 210 Direct Bribery
Art 205 Rendering judgment through negligence (manifestly – Maliciously refraining from instituting prosecuting against Art 211 Indirect Bribery
unjust) violators of law Art 211A Qualified Bribery
Art 206 Rendering unjust interlocutory order – Maliciously tolerating commission of offense
Art 207 Malicious delaying in administration of justice – Malice: deliberate intent to favor the violator of the law

OFFENDER / SITUATION QUALIFIED COUNTERPART

PROVISION ELEMENTS ACTS PUNISHED PENALTIES IMPT THINGS
VICTIM (PLACE/TIME) MODIFYING CIRC. FELONY
MALVERSATION COMMON ELEMENTS ART 217
aka 1. Public officer 1. APPROPRIATING
Embezzlement 2. Entrusted with 2. TAKING and
custody or controls of MISAPPROPRIATING
Gov’t funds/property 3. CONSENTING, thru
by reason of his office abandonment or
3. Accountable negligence, permitted
4. Appropriated, took, other person to take it
misappropriated,
consented thru ART 218 Failure to
abandonment or render accounts
negligence, permitted - Misappropriation is
another person to not necessary
take them
ART 219 Failure to
render accounts before
leaving the country

ART 220 Illegal use of

public funds/property

ART 221 Failure to

make delivery of public
funds/prop
– Refusal
CRIM2 SY 2018-2019 2nd Semester
(malicious) – Failure to
pay