Crimes Committed by Public Officers

[REQUISITES: (PA)] - WHO ARE PUBLIC OFFICERS

1. Take part in the Performance of public functions in the government, or performing Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class; and

2. Have Authority to take part in the performance of public functions or to perform public duties by:

(LEA)
1. Direct provision of Law

2. Popular Election

3. Appointment by competent authority

M i s f e a s a n c e

Improper performance of some act which might lawfully be done

Malfeasance

The performance of some act which ought not to be done

N o n f e a s a n c e

Omission of some act which ought to be performed.

ELEMENTS - KNOWINGLY RENDERING

UNJUST JUDGMENT

(J-SUK):

1. The offerider is a Judge;

2. He renders a judgment in a case Submitted to him for decision;

4. The judgment is Unjust; and

5. The judge Knows that his judgment is unjust

What does “knowingly” in the “knowingly rendering unjust judgment” mean?

It means that the unjust judgment was made conciously, intelligently, willfully, or intentionally. It means sure knowledge, concious, and deliberate intention to do injustice.

Judgment

A judgment is a final order which disposes of the w h o l e s u b j e c t or terminates a particular proceeding or action, leaving nothing to be done but to enforce by execution what has been determined.

Unjust judgment

It is one which is contrary to law, or is not supported

by evidence, or both.

Sources of Unjust Judgment:

1. Error;

2. Ill-will or revenge; or

3. Bribery

The pronouncement of an “unjust judgment” must result from a final and authoritative judicial declaration” that the decision or order in question is indeed “unjust” from either:

1. An action of certiorari or prohibition in a higher court impugning the validity of the judgment

2. An administrative proceeding in the Supreme

   Court against the judge precisely for

   promulgating an unjust judgment or order

To what court members the crime of “Knowingly Rendering Unjust Judgment” do not apply?

To members of a collegiate court (e.g. Supreme Court, Court of Appeals, Sandiganbayan, a n d Court of Tax Appeals) who reach their conclusions in consultation and accordingly render their collective judgment after due deliberation.

JUDGMENT RENDERED THROUGH NEGLIGENCE

(JSUI)

1. The offender is a Judge;

2. He renders a judgment in a case Submitted to

him for decision;

3. The judgment is manifestly Unjust; and it is due to his Inexcusable negligence or ignorance.

In “JUDGMENT RENDERED THROUGH NEGLIGENCE”, what level of unjustness is needed?

It is so manifestly contrary to law, that even a person

having a meager knowledge of the law cannot doubt

the injustice

Compared to “Knowingly Rendering Unjust Judgment,” what has to be acquired before a civil or criminal action against the judge entertained?

there must first be "a final and authoritative judicial

declaration" that the decision or order in question is

indeed "unjust."

ELEMENTS - UNJUST INTERLOCUTORY ORDER

(JU-KIN)

1. The offender is a Judge; and

2. He renders Unjust interlocutory order or decree:

a. Knowingly; or

b. Through inexcusable

Negligence

interlocutory Order

An order is considered interlocutory if, between the

beginning and the termination of a case, the court

decides on a point or matter that is not yet

a final judgment on the entire controversy. Settles

only some incidental, subsidiary or collateral matter

arising in an action.

Test to determine an interlocutory order

Does it leave something to be done in the trial

court with respect to the merits of the case? If it does,

it is interlocutory; if it does not, it is final.

ELEMENTS - MALICIOUS DELAY IN THE

ADMINISTRATION OF JUSTICE

(JP-DM)

1. The offender is a Judge;

2. There is a Proceeding in his court;

3. He Delays the administration of justice; and

4. The delay is Malicious, that is, the

5. caused by the judge with deliberate intent to

   inflict damage on either party in the case

Is mere delay of a judge’s decision punishable?

No, the delayed order must be malicious.

What if the delay of the rendering judgment was through the judge’s negligence?

The crime is under RA 3019 3(e)

PA - PROSECUTION OF OFFENSES; NEGLIGENCE AND TOLERANCE

1. Maliciously refraining from instituting

prosecution against violators of the law (The PO knows the commission but does not cause the prosecution)

2. Maliciously tolerating the commission of a crime (the PO knows that a crime is about to be committed, but he tolerates)

ELEMENTS OF DERELICTION OF DUTY

IN THE PROSECUTION OF OFFENSES:

(DNA)

1. The offender is a public officer or officer of the

law who has a Duty to cause the prosecution of,

or to prosecute offenses;

2. Knowing the commission of the crime, he does

Not cause the prosecution of the criminal or

knowing that a crime is about to be committed

he tolerates its commission; and

Prevaricacion is the negligence of his duty to

move for the prosecution and punishment of a

crime of which is informed, in case the alleged

crime was afterwards duly proven

3. The offender Acts with malice and deliberate

intent to favor the violator of the law.

Note: Malice is material. The act must be the result of a deliberate evil intent and does not cover a mere voluntary act.

Prevaricacion

is the negligence of his duty to

move for the prosecution and punishment of a

crime of which is informed, in case the alleged

crime was afterwards duly proven

Can the crime of prosecution be committed without the “crime” proved?

If the charge is not proven or the facts shown do not

constitute a crime, there is no ground for holding any

person guilty either as principal or accessory.

[OFFENDERS] - PROSECUTION OF OFFENSES;

NEGLIGENCE AND TOLERANCE

1. Public officer ( the prosecution department,

whose duty is to institute criminal proceedings

for felonies upon being i n f o r m e d o f their

perpetration).

2. Officer of the law (includes all those who, by reason of the

position held by them, are duty-bound to cause

prosecution and punishment of offenders)

Except: Revenue officers

What is the liability of a public officer who harbors, conceals, or assists in

the escape of an offender, when it is his duty to prosecute?

principal in the crime of dereliction of duty in the prosecution of offenses and not merely an accessory.

Can a fiscal or the city attorney be compelled to file corresponding information based upon a complaint?

Where the fiscal or the city attorney, as a prosecuting officer is not convinced that the evidence gathered and presented would warrant the filing of an action, he is no under compulsion to warrant such.

Sec 1 (g) of PD 1829

Any person who solicits, accepts, of agrees

to accept any benefit in consideration of abstaining

from, discounting, or impeding the prosecution of a

criminal offender

PA - BETRAYAL OF TRUST BY AN

ATTORNEY OR SOLICITOR -

REVELATION OF SECRETS

CRU

1. Causing damage to his client, aither:

a. Any malicious breach of professional duty;

b. Inexcusable negligence or ignorance.

No damage: the attorney may be held administratively or civilly liable.

2. Revealing any of the secrets of his client learned

by him in his professional capacity (Where damage is NOT necessary.)

3. 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.

• Where there is consent from the first client, NO liability.

• Virtual confessional seal - protects the confession of a client about a crime committed by him, but not the future crime.

PA - DIRECT BRIBERY

1. Agreeing to perform, or by performing, in consideration of any offer, promise, gift or present, an act constituting a crime, in connection with the performance of his official duties;

2. Accepting a gift in consideration of the execution

   of an act which does not constitute a crime, in

   connection with the performance of his official

   duty.

3. Agreeing to refrain, or by refraining, from doing

   something which it is his official duly to do, in

   consideration of a gift or promise

DB PA 1 - Agreeing to perform, or by performing, in consideration of any offer, promise, gift or present, an act constituting a crime, in connection with the performance of his official duties;

• Mere acceptance of the offer consummates the act.

• If the PO did not accept the gift, the person making gift should be liable for Attempted Corruption of a Public Officer.

• A promise to give, and a promise to commit an unlawful act.

• Accepted and committed the crime: Separate crimes of direct bribery and the crime committed.

DB PA 2 - Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty.

• The gift must be accepted by the

  public officer which may be received by him directly or through other person.

• The gift must be capable of pecuniary estimation.

• A mere physical receipt is not sufficient.

DB PA 3 - Agreeing to refrain, or by refraining, from doing something which it is his official duly to do, in consideration of a gift or promise

Comparison with Prevaricacion: In this PA of Direct Bribery, the officer agrees to refrain or refrains from doing his official duty in consideration of a gift received or promise. In prevaricacion, it is not an element of such.

ELEMENTS OF DIRECT BRIBERY

(PACURE)

1. The offender be a Public officer;

2. The offender Accepts an offer or a 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 to committing some Crime; or

b. In consideration of the execution of an act

which does not constitute a crime, but the

act must be Unjust; or

c. To Refrain from doing something which it is

his official duty to do; and

4. The act which the offender agrees to perform or

which he Executes be connected with the

performance of his official duties

What other public officers can be made liable for direct bribery?

assessors, arbitrators; appraisal and claim commissioners,

experts or any other persons performing public duties

ELEMENTS - INDIRECT BRIBERY

1. The offender is a Public officer;

2. He accepts Gifts; and

3. The said gifts are offered to him by reason of his Office

When is indirect bribery consummated?

by accepting gifts offered to the public officer by reason of his office

Is there frustrated or attempted indirect bribery?

None.

Punishable Acts under PD 46

1. Any public official or employee who receives directly or indirectly

2. Any private person who gives, or offers to give: Any gift, present or other valuable thing to any occasion, including Christmas, when such gift, other valuable thing is given by reason of the former's official position, whether the same is for past favors or the giver hopes or expects to. receive a favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions.

3. Throwing a party in honor of a public officer or his immediate relatives.

ELEMENTS - QUALIFIED BRIBERY

(LAP)

1. The offender is a public officer entrusted with

Law enforcement;

2. The offender refrains from Arrestingor

prosecuting an offender who has committed a

crime punishable by reclusion perpetua and/or

death;

• Less than RP - Art. 208 and Direct Bribery

3. The offender refrains from arresting prosecuting the offender. in consideration of any Promise, gift or present

CIRCUMSTANCES WHICH QUALIFY BRIBERY

1. Position of offender; and

2. Nature of the crime he fails to prosecute.

ELEMENTS - CORRUPTION OF PUBLIC OFFICIALS

(OG)

1. The Offender makes to a public officer:

a. Offers or promises; or

b. Gives gifts or presents; and

2. The offers or promises are made or the gifts or

presents Given to a public officer, under

circumstances that wil make the public officer

liable f o r direct bribery or indirect bribery

• Punishable even if the gift was demanded and the offer was not made voluntarily.

• Refusal of the PO: his liability is Attempted Corruption of Public Officials

Are there frustrated corruption and bribery of public officials?

None. These crimes involve the concurrence of the will of the corruptor and the public officer.

PERSONS GRANTED IMMUNITY UNDER PD 749 which are given not only to PO, but also those that are not, but is a principal, accomplice, or accessory in the commission of any crime mentioned below.

Any person who voluntarily gives information and willingly testifies against a public official or employee shall be exempt from prosecution or punishment for any violation of:

1. Arts. 210, 211, and 212 of RPC;

2. R:A. No. 3019, as amended;

3. Sec. 345 of the Internal R e v e n u e Code and Sec.

3604 of the Tariff and Customs Code and other .

provisions of the said Codes penalizing abuse or

dishonesty on the part of the public officials

concerned; and

4. Other laws, rules and regulations punishing acts

of graft, corruption, and other forms of official

abuse

Requisites for the Immunity of a Person under RA 749

a. The information must refer to consummated

violations of any of the bove-mentioned

provisions of law, rules and regulations;

b. information: and testimonya r e

necessary for the conviction of the accused

public officer;

C. Such information and testimony are not yet

in the possession o f the State;

d. Such information and testimony c a n be

corroborated on its material points, a n d

e. The. informant or w i t n e s s has not been

previously convicted of a crime involving

moral turpitude

REPUBLIC ACT NO. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT

CORRUPT PRACTICES OF PUBLIC

OFFICIALS: (VOG-PEUN-DILD)

1. Persuading, inducing or influencing another

public officer to perform an act constituting a

Violation of rules and regulations duly

promulgated by competent authority or an

Offense, in connection with the official duties of

the latter, or allowing himself to be persuaded,

- induced, or influenced to commit such violation

or offense (Sec. 3):

2. Directly or indirectly requesting or receiving any

Gift, present, share, percentage, or benefit, for

himself or for any other person, in connection

with any contract or transaction between the

government and any other party, wherein the

public officer in his official capacity has to

intervene under the law (Sec. 3);

3. Directly or indirectly requesting or receiving any

gift, present or other pecuniary or material

benefit, for himself or for another, from any

person for whom the public officer, in a n y

manner or capacity h a s secured or obtained, or

will secure or obtain, any government Permit or

license, in consideration for the help given or to

be given, without prejudice to Sec. 13 of the

same Act (Sec. 3):

4. Accepting or having any member.of his family

accept Employment in a private enterprise which

has pending official business with him during the

pendency thereof or within one (1) year after its

termination (Sec. 3);

5. Causing any Undue injury to any party, including

the government, or giving any private party any

unwarranted benefits, advantage or preference

in the discharge of his official, administrative or

judicial functions through manifest partiality, evident bad faith, or gross inexcusable negligence. This provision shall apply to officers

and employees of offices or Government

corporations charged with the grant of licenses

or permits or other concessions (Sec. 3);

6. Neglecting or refusing, after due demand or

request, without sufficient justification, to act

within reasonable time on any matter pending

before him for the purpose of obtaining, directly

or indirectly, from any person interested in the

matter some pecuniary or material benefit or

advantage, or for the purpose of favoring his

own interest or giving undue advantage in favor

of or discriminating against any other interested party

7. Entering on behalf of the Government, into any

contract or transaction manifestly and grossly

Disadvantageous to the same, whether or not'

the public officer profited or will profit thereby;

8. Directly or indirectly having financial or

pecuniary Interest in any business, conträct or

transaction in c o n n e c t i o n with, which he

intervenes or takes part in his official capacity,

or in which he is prohibited by the Constitution

or by any law from having a n y interest;

9. Directly o r i n d i r e c t l y b e c o m i n g i n t e r e s t e d , for

personal gain, or having material interest in any

transaction or act requiring the approval of a

board, panel or group of which he is a member;

and which exercises discretion In such approval,

even if he votes against the same or does not

participate in the action of the board, committee,

panel or group;

10. Knowingly approving or granting any License,

permit, privilege or benefit in favor of any person

not qualified for or not legally entitled to such

license, permit, privilege or advantage, or of a

mere representative or dummy of one who is not

qualitied or entitled; and

11. Divulging valuable information of a confidential

character, a c q u i r e d b y h i s o f fi c e o r by him or

account of his official position to unauthorizes

persons, or releasing s u c h information in

advance of its authorized release date (Sec. 3).

REPUBLIC ACT NO. 3019 - Prohibition on Private Individuals:

1. Taking Advantage of family or close personal

relation with public official who has to Intervene

in some business, transaction, application

request or contract of the government with any

other person, by directly or indirectly requesting

or receiving any present, gift, or material or

pecuniary advantage from such public official.

2. Knowingly Inducing or causing any public official to commit any of the offenses defined in Sec. 3

Who are the prohibited ones to intervene directly or indirectly in any business, transaction, contract or application with the government?

1. Spouse of the President, the Vice-President, Senate President, or the Speaker of the House of Representatives

2. Any relative, by consanguinity or affinity, within the 3rd civil degree of the President, the Vice-President, Senate President, or the Speaker of the House of Representatives

When can the prohibited relatives of the President, the Vice-President, Senate President, or the Speaker of the House of Representatives be allowed to intervene in any government transaction?

1. Any person who, prior to the assumption of office of any of those officials to whom he is related, has been already dealing with the government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office;

2. Any application filed by him, the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with the requisites provided by law.

3. Any act lawfully performed in an official capacity or in the exercise of a profession

PROHIBITION ON MEMBERS OF CONGRESS

during their term, are prohibited, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by them including public officer who recommended the initiation to the Congress and acquires or receives any interest during incumbency

REPUBLIC ACT NO. 7080

ANTI-PLUNDER ACT - ILL-GOTTEN WEALTH:

(MR-SMAC)

combination or series of the following means:

1. Misappropriation, convesion, misuse malversation of public funds or raids on the public treasury;

2. Receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection with any government contract/project by reason of office/position;

3. Obtaining, receiving or accepting, directly or indirectly, any Shares of stock, equity or any other form of interest or participation including promise of future employment. in any business enterprise or undertaking;

4. Establishing agricultural, industrial or commercial Monopolies or other combinations and or implementing decrees and orders benefit particular persons or special interests;

5. Taking undue Advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and prejudice of the Filipino peoplea n d t h e Republic the Philippines; or

6. The illegal or fraudulent Conveyance or disposition of a s s e t s belonging to the Government (Sec. 1, Par. d).

Anti-Plunder Act - Combination

at least two acts of a different category

Anti-Plunder Act - Series

at least two acts of the same category

PLUNDER

A crime committed by any public officer, by himself or in connivance with his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, by amassing, accumulating or acquiring ill-gotten wealth in the aggregate amount or total value of at least Fifty (50) million pesos.

PA - FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES

(ED-FaCo)

1. Entering into an agreement with any interested party or speculator or making use of any other scheme, to defraud the Government, in dealing with any person with regard. to furnishing supplies, tge making of contracts, or the adjustment or settlement of accounts relating to public property or funds;

2. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law, in the collection of taxes, licenses, fees, and other imposts;

• NOTE: Mere demand, even if debtor refuses, c o n s u m m a t e s t h e crime of illegal exaction

3.Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, in the collection of taxes, licenses, fees, and other imposts; and

4. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law, in the collection of taxes, licenses, fees, and other imposts

ELEMENTS OF FRAUDS AGAINST

PUBLIC TREASURY (PAR. 1)

(PTED)

1. The offender be a Public officer;

2. He should have Taken advantage of his office, that is, he intervened in the transaction in his official capacity;

• ^{The offender must have the duty as public officer to deal with any person with regard to furnishing supplies, making of contracts, or the adjustment or settlement of accounts relating to public property or funds.}

3. He Entered into an agreement with any interested party or speculator or made use of any other scheme with regard to:

a. Furnishing supplies;

b. The making of contracts; or

c. The adjustment or settlement of accounts relating to public property or funds; and

4. The accused h a d intent to Defraud the Government.

If the collecting officer (CO) collected a bigger a m o u n t a n d t h e e x c e s s pocketed

There is an additional offense o f Malversation b e c a u s e h e is accountable for the amount collected.

If to facilitate the taking of the excess amount, he falsified the second copy of the official receipt which is to be submitted

Complex crime of Malversation through Falsification of Document and Illegal Exaction

When can there no complex crime of Malversation through Falsification of public documents, but separate?

if the falsification was resorted to

hide the malversation, the crime is not complex but separate.

OTHER FRAUDS

1. The offender is a Public officer

3. He takes advantage of his official position and He commits any of the frauds or deciets (estafa, other forms of swindling, swindling a minor, and other deciets)

ELEMENTS - PROHIBITED TRANSACTIONS

(ATIT)

1. The offender is an Appointive public officer (e.g.

justices, judges or fiscals, employees e n g a g e d

in the collection and administration of -public

funds);

2. The transaction takes place within the Territory

subject to his jurisdiction;

• _{^{The transaction must be one of exchange or}}

_{^{speculation, such as buying and selling stocks,}}

_{^{commodities, land, etc., hoping to take advantage of}}

_{^{an expected rise and fall in price.}}

• _{^{What is not included: purchasing of stocks or shares in a company}}

  • _{^{Except: buying regularly securities for resale}}

3. He becomes interested in the transaction during

his Incumbency; and

4. He becomes interested, directly or indirectly, in any Transaction of exchange or speculation

POSSESSION OF PROHIBITED

"INTEREST BY A PUBLIC OFFICER

1. Public officer who, directly or indirectly, became

interested in any contract or business in which it

was his official duty to intervene;

2. Experts, arbitrators, and private accountants

who, in like manner, took part in any contract or

transaction connected with the estate or

property in the appraisal, distribution or

adjudication of which they had acted; or

3. Guardians and executors with respect to the

property belonging to their wards or the estate.

Actual fraud is NOT necessary.

PA - MALVERSATION OF PUBLIC FUNDS

OR PROPERTY

1. Appropriating public funds or property;

NOTE: To appropriate public funds or property

includes every attempt to dispose of the same

without right.

2. Consenting, or through abandonment or

negligence, permitting any other person to take

such public funds or property;

3. Taking or misappropriating the same; or

4. Being Otherwise guilty of the Misappropriation

or m a l v e r s a t i o n of s u c h f u n d s or property

COMMON ELEMENTS: (PCPA)

1. The offender be a Public officer:

2. He had Custody or control of funds or property

by reason of the duties of his office;

3. Those funds or property were Public funds or property for which he was accountable;

4. He Appointed, took, misappropriated or negligence, permitted another person to take them;

Custody

It means guarding or keeping safe

Accountable Officer

A public officer who, in the discharge of his office,

receives money or property of the government which

he is bound to later account for. In determining

whether the offender is a public officer, what is

controlling is the nature of his duties and not the

designation

MALVERSATION CAN BE COMMITTED

THROUGH ABANDONMENT OR

NEGLIGENCE

Negligence is the omission to do something which a

reasonable man, guided by those considerations

which ordinarily regulate the conduct of human

affairs, would do, or the doing of something which a

prudent and reasonable man would do

PRIMA FACIE PRESUMPTION OF

MISAPPROPRIATION

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 h a s put such missing tunds or property personal use

Prima facie presumption that missing funds

1. no issue as to the accuracy

2. indubitably missing

ELEMENTS - FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS

1. The offender is a Public officer, whether in the service or separated therefrom;

2. He must be an Accountable officer for public funds or property;

3. He is Required by law or regulation to render accounts to the Commission on Audit, or to a provincial auditor; and

4. He fails to do so for a period of Iwo months after such accounts should be rendered.

^{- No need for demand or misappropriation.}

Gravaman - FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS

Mere failure to timely liquidate the cash advance

FAILURE OF RESPONSIBLE PUBLIC

OFFICER TO RENDER ACCOUNTS

BEFORE LEAVING THE COUNTRY

1. The offender is a Public officer;

2. He must be an Accountable officer for public funds or property.

3. He must have Unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled.

^{- when the act of leaving is prohibited or unauthorized.}

ELEMENTS - ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY OR “TECHNICAL MALVERSATION”

1. The offender is a Public officer;

2. There is a Public fund or property under his administration:

3. Such public has been appropriated by law or ordinance; and

4. That he applies the same to a public use Other than that for which such fund or property has been appropriated by law or ordinance.

^{Diversion of the public fund to it is necessary.}

What is the mitigating circumstance of Technical Malversation?

Absence of the Embarrassment to the Public Service

FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY

1: Failing to make payment by a public officer who is under obligation to make such payment from Government funds in his possession; and

2. Refusing to make delivery by a public officer who has been ordered by competent authority to deliver any property in his custody or under his administration

• The refusal must be malicious and must have

  resulted in damage to public interest

ELEMENTS - FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY - 1st Punishable Act

ELEMENTS: (GOF)

a. Public officer has Government funds in his possession;

b. He is under Obligation to make payment from such funds; and

c. He Fails to make the payment, maliciously.

PRIVATE INDIVIDUALS WHO MAY BE LIABLE UNDER ART. 217-221

Malversation of public funds or property—Presumption of malversation.—

Failure of accountable officer to render accounts.

Failure of a responsible public officer to render accounts accounts before leaving the country.

Illegal use of public funds or property.

Failure to make delivery of public funds or property.

1. Private. individuals who, in any capacity whatsoever, have charge of any national, provincial or municipal funds, revenue or property.

2. Administrator or depository of funds or property attached, seized, or deposited by public authority even if such property belongs to a private individual (e.g., sheriffs and receivers).

What crime is committed when the one liable under any from 217-221 by a judicial administrator of the estate of the deceased?

Estafa

ELEMENTS 0F CONNIVING WITH OR CONSENTING TO EVASION

1. The offender is a Public officer;

2. He had in his Custody or charge, a prisoner,

either detention prisoner or prisoner by final judgment;

3. Such prisoner Escaped from his custody; and

4. He was in Connivance with the prisoner in the

latter's escape

EVASION THROUGH NEGLIGENCE

ELEMENTS: (PCN)

1 . The offender is a Public officer;

2. He is charged with the Conveyance or custody

of a prisoner, either detention prisoner or

prisoner by final judgment; and

3. Such prisoner escapes through his Negligence

• The negligence must amount to the non-performance of duty, which equates to a unreasonable excuse.

ESCAPE OF PRISONER UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER

1. The offender is a Private person;

2. The Conveyance or custody of a prisoner or person under arrest is Confided to him;

3. The prisoner or person under arrest Escapes;

4. The offender Consents to the escape of the prisoner or person. under arrest, or that the escape takes place through his Negligence.

REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS

1. The offender be a Public officer;

• If committed by a private individual with damage - Estafa

• If committed by a private individual without damage - Malicious Mischief

2: He abstracts, removes, conceals, or Destroys, documents or papers;

It is must be for an illicit purpose, when the intention of the offender is:

• To tamper with it:

• To profit by it; or

• To commit an act constituting a breach of trust in the official care thereof

3. The said documents or papers should have been Entrusted to such public officer by reason of his office; and

4. Damage, whether serious or not, to a third party or to the public interest have been caused

What does the REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS require that a document be?

THE DOCUMENT MUST BE COMPLETE AND ONE BY WHICH A RIGHT CAN BE ESTABLISHED OR AN OBLIGATION COULD BE EXTINGUISHED

When is REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS consummated?

upon its removal or secreting away from its usual place in the office and after the offender had gone out and locked the door, whether he accomplished the illicit purpose or not.

What is the crime in delivering the document to the wrong party?

infidelity in the custody of the paper

What is the damage required in the infidelity to the custody of documents?

Damage may consist in mere alarm to the public or in the alienation of its confidence in any branch of the government service

ELEMENTS - OFFICER BREAKING SEAL

1. The offender is a Public officer:

2. He is charged with the Custody of papers or property;

3. These papers or property are Sealed by proper authority; and

4. He Breaks the seals or permits them to be broken

When is OFFICER BREAKING SEAL consummated?

Upon the mere breaking of the seal regardless of damage or not being able to be tampered with

OPENING OF CLOSED DOCUMENTS

ELEMENTS: (PACO)

1.The offender is a Public officer;

2. He is not included in the provisions of Arl. 227;

3. He is entrusted with the custody of Closed papers, documents, or object; and

4. He Opens or permits the same to be opened without proper authority

PA - REVELATION OF SECRETS BY AN OFFICER

1. Revealing any secret known to the offending

public officer by reason of his official capacity;

and

2. Delivering wrongfully papers or copies of papers

of which he may have charge and which should

not be published

ELEMENTS - Revealing any secret known to the offending

public officer by reason of his official capacity;

a. The offender is a Public officer;

b. He knows of a Secret by reason of his

official capacity;

c. He reveals such secret Without authority or

justifiable reasons; and

3. Damage, great or small, be caused to the

public interest

Absent the damage in Revealing any secret known to the offending

public officer by reason of his official capacity;

Sec. 3 (k) of R.A. No. 3019

Elements - Delivering wrongfully papers or copies of papers

of which he may have charge and which should

not be published

ELEMENTS: (PCP-TWD)

a . The offender is a Public officer;

b. He has Charge of papers;

c.Those papers should not be Published;

d. He delivers those papers or copies thereof to a Third person;

e. The delivery is Wrongful; and

f. Damage be caused to public interest

Difference between Infidelity in the Custody of Documents vs. Revelation of Secrets by an Officer

PUBLIC OFFICER REVEALING

SECRETS OF PRIVATE INDIVIDUAL

ELEMENTS: (PuSeW)

1. The offender is a Public officer;

2. He knows of the Secrets of a private individual

by reason of his office; and

3. He reveals such secrets Without authority or

justifiable reason.

OPEN DISOBEDIENCE

ELEMENTS: (EDWOR)

1. The offender is a judicial or Executive officer:

2. There is a judgment, Decision, or order of a

superior authority;

3. Such judgment, decision, or order was made

Within the scope of the jurisdiction of the

superior authority and issued with all legal

formalities; and

4. The offender, without any legal justification,

O p e n l y R e f u s e s t o e x e c u t e

decision or see, exache said dine to obey.

DISOBEDIENCE TO ORDER OF

SUPERIOR OFFICER WHEN SAID

ORDER WAS SUSPENDED BY

INFERIOR O F F I C E R

ELEMENTS: (POS-DD)

1. The offender is a Public officer;

2. An Order is issued by his superior for execution;

3. He has for any reason Suspended the execution

of such order;

4. His superior Disapproves the suspension of the

execution of the order; and

5. The offender Disobeys his superior

• Does not apply if the order is illegal.

REFUSAL OF ASSISTANCE

ELEMENTS: (PLM)

1.The offender is a Public officer; (Must have the official duty to render assistance)

2. A competent authority demands from the

offender that he Lend his cooperation towards

the administration of justice or other public

service; and

NOTE: Includes a request from one public officer

t o another official in administration of justice or

other public service (People v. Castro, G.R. No.

19273, March 16, 1923).

3. The offender fails to do so Maliciously

• Damage is essential.

• Done by a private individual - contempt of court

REFUSAL TO DISCHARGE ELECTIVE

OFFICE

1. The offender is Elected by popular election to a

public office:

2. He Refuses to be sworn in or to discharge the

duties of said office; and

3. There is No legal motive for such refusal to be

sworn in or to discharge the duties of said office

MALTREATMENT OF PRISONERS

ELEMENTS: (PPM)

1. T h e o f f e n d e r is a P u b l i c o f fi c e r or e m p l o v e e :

2. He has under his charge a Prisoner convicted by

final judgment or a detention prisoner; and

3. He Maltreats such prisoner in either of the

following manners:

a. Overdoing himself in the correction, or

handling of a prisoner or detention prisoner

i. The imposition of punishments not

authorized by the regulations; or

ii. Inflicting such punishments

(those authorized) in a cruel and humiliating

manner; or

b. Maltreating such prisoner to extort a

confession or to obtain some information

from the prisoner

• Maltreatment extend beyond physical maltreatment.