Criminal Law Book 2: Crimes by Public Officers

Crimes Committed by Public Officers

• Title VII of the Revised Penal Code covers crimes committed by public officers, including those committed by non-public officers who become conspirators, accomplices, or accessories to the crime.
• The public officer must be the principal in the commission of the crime.

Definition of a Public Officer

• A public officer is anyone who:
  • Takes part in the performance of public functions in the government
  • Performs public duties as an employee, agent, or subordinate official
  • Has authority to take part in the performance of public functions or to perform public duties
  • Is appointed by competent authority, elected by popular election, or provided by direct provision of law

Breach of Oath of Office

• Breach of oath of office can take three forms:
  • Malfeasance: performing an act prohibited by law
  • Misfeasance: performing an official act in a manner not in accordance with the law
  • Nonfeasance: willfully refraining from performing an official duty

Crimes Committed by Public Officers

• Knowingly rendering unjust judgment (Article 204)
  • Elements: offender is a judge, renders a judgment, judgment is unjust, and judge knows it is unjust
• Judgment rendered through negligence (Article 205)
  • Elements: offender is a judge, renders a judgment, judgment is manifestly unjust, and due to inexcusable negligence or ignorance
• Unjust interlocutory order (Article 206)
  • Elements: offender is a judge, renders an unjust interlocutory order, and knows it is unjust or does so through inexcusable negligence or ignorance
• Malicious delay in the administration of justice (Article 207)
  • Elements: offender is a judge, delays in the administration of justice, and delay is malicious
• Prosecution of offenses; negligence and tolerance (Article 208)
  • Elements: offender is a public officer, has a duty to prosecute, and maliciously refrains from doing so or tolerates the commission of offenses
• Betrayal of trust by an attorney or solicitor (Article 209)
  • Elements: offender is a lawyer, causes damage to client, reveals confidential information, or undertakes defense of opposing party without consent
• Direct bribery (Article 210)
  • Elements: offender is a public officer, agrees to perform an act constituting a crime, or accepts a gift in consideration of an act
• Qualified bribery (Article 211-A)
  • Elements: offender is a public officer entrusted with law enforcement, refrains from arresting or prosecuting an offender, and receives a gift or promise

Other Crimes

• Corruption of public officials (Article 212)
• Frauds against the public treasury and similar offenses (Article 213)
• Other frauds (Article 214)
• Prohibited transactions (Article 215)
• Possession of prohibited interest by a public officer (Article 216)
• Malversation of public funds or property (Article 217)
• Failure to render accounts (Article 218)
• Failure to render accounts before leaving the country (Article 219)
• Illegal use of public funds or property (Article 220)
• Failure to make delivery of public funds or property (Article 221)
• Conniving with or consenting to evasion (Article 223)
• Evasion through negligence (Article 224)
• Escape of prisoner under the custody of a person not a public officer (Article 225)
• Removal, concealment or destruction of documents (Article 226)
• Officer breaking seal (Article 227)
• Opening of closed documents (Article 228)
• Revelation of secrets by an officer (Article 229)
• Public officer revealing secrets of private individual (Article 230)
• Open disobedience (Article 231)
• Disobedience to order of superior officer (Article 232)
• Refusal of assistance (Article 233)
• Refusal to discharge elective office (Article 234)
• Maltreatment of prisoners (Article 235)
• Anticipation of duties of a public office (Article 236)
• Prolonging performance of duties and powers (Article 237)
• Abandonment of office or position (Article 238)
• Usurpation of legislative powers (Article 239)
• Usurpation of executive functions (Article 240)
• Usurpation of judicial functions (Article 241)
• Disobeying request for disqualification (Article 242)
• Orders or requests by executive officers to any judicial authority (Article 243)
• Unlawful appointments (Article 244)
• Abuses against chastity (Article 245)### Bribery and Corruption
• Bribery refers to the act of the receiver, while corruption refers to the act of the giver.
• Direct Bribery:
  • Occurs when a public officer is called upon to perform or refrain from performing an official act in exchange for a gift, present, or consideration.
  • The public officer agrees to perform an act that is connected to their official duties.
• Indirect Bribery:
  • Occurs when a public officer accepts a gift or present given to them by reason of their office or position.
  • The public officer does not undertake to perform an act or abstain from doing an official duty.
• Elements of Direct Bribery (Article 210):
  1. The offender is a public officer.
  2. The public officer accepts an offer, promise, gift, or present.
  3. The acceptance is with a view to committing a crime, or in consideration of an act that is not a crime but is unjust, or to refrain from doing an official duty.
• Elements of Indirect Bribery (Article 211):
  1. The offender is a public officer.
  2. The public officer accepts gifts or presents.
  3. The gifts or presents are offered to them by reason of their office or position.

Qualified Bribery (Article 211-A)

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

Presidential Decree No. 46

• Prohibits the giving and acceptance of gifts by a public officer or to a public officer.
• Applies to gifts given by reason of official position, regardless of whether it is for past or future favors.

Presidential Decree No. 749

• Grants immunity from prosecution to a private person or public officer who voluntarily gives information and testifies in a case of bribery or a violation of the Anti-Graft and Corrupt Practices Act.
• Conditions for immunity:
  1. The information must refer to consummated bribery.
  2. The information is necessary for the proper conviction of the public officer involved.
  3. The information or testimony is not yet in the possession of the government or known to the government.
  4. The information can be corroborated in its material points.
  5. The informant has not been convicted previously for any crime involving moral turpitude.

Republic Act No. 7080 (Plunder)

• Defines and penalizes plunder, which is a crime committed through a combination or series of overt acts.
• Overt acts include:
  1. Misappropriation, conversion, misuse, or malversation of public funds.
  2. Receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks, or any other form of pecuniary benefit.
  3. Illegal or fraudulent conveyance or disposition of assets belonging to the national government.
  4. Obtaining, receiving, or accepting directly or indirectly any shares of stock, equity, or any other form of interest.
  5. Establishing agricultural, industrial, or commercial monopolies or other combinations.
  6. Taking undue advantage of official position, authority, relationship, connection, or influence to unjustly enrich oneself.

Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act)

• Defines and penalizes corrupt practices, including:
  1. Causing undue injury to the government or a private party by giving unwarranted benefit to the party.
  2. Entering into a contract for the government that is manifestly disadvantageous to the government.
  3. Allowing a relative or member of one's family to accept employment in a business enterprise that has a transaction with the government.
  4. Having an interest in a business enterprise that has a pending application before a board, panel, or group where the public officer is a member.
• Good faith is not a defense in cases of corrupt practices.### Liability of a Public Officer
• A public officer who cannot leave their post and summons a civilian to deliver a caught thief to the precinct has no liability if the civilian allows the thief to escape.
• The civilian has no liability as well because the offender is not yet a prisoner and the crime is not one of those mentioned in Article 19 of the Revised Penal Code.

Corruption of Public Officials

• Article 212: Elements of corruption of public officials include:
  • Offender makes offers or promises or gives gifts or presents to a public officer.
  • The offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct or indirect bribery.

Frauds against the Public Treasury and Similar Offenses

• Article 213: Acts punished include:
  • Entering into an agreement with any interested party or speculator to defraud the government.
  • Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law.
  • Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected.
• Elements of frauds against the public treasury:
  • Offender is a public officer.
  • He has taken advantage of his office.
  • He entered into an agreement with any interested party or speculator.
  • He had intent to defraud the government.

Illegal Exactions

• Article 213: Elements of illegal exactions include:
  • Offender is a public officer entrusted with the collection of taxes, licenses, fees, and other imposts.
  • He is guilty of any of the following acts or omissions:
    • Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law.
    • Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected.
    • Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

Forfeiture of Ill-gotten Wealth

• Republic Act No. 1379: Provides the procedure for forfeiture of ill-gotten wealth in violation of the Anti-Graft and Corrupt Practices Act.
• Proceedings are civil and not criminal in nature.

Corruption of Public Officials

• Article 212: Corruption of public officials is committed when an offender makes offers or promises or gives gifts or presents to a public officer.

Other Frauds

• Article 214: Elements of other frauds include:
  • Offender is a public officer.
  • He takes advantage of his official position.
  • He commits any of the frauds or deceits enumerated in Article 315 to 318.

Prohibited Transactions

• Article 215: Elements of prohibited transactions include:
  • Offender is an appointive public officer.
  • He becomes interested, directly or indirectly, in any transaction of exchange or speculation.
  • The transaction takes place within the territory subject to his jurisdiction.
  • He becomes interested in the transaction during his incumbency.

Possession of Prohibited Interest By A Public Officer

• Article 216: Persons liable include:
  • Public officer who, directly or indirectly, became interested in any contracts or business in which it was his official duty to intervene.
  • 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.
  • Guardians and executors with respect to the property belonging to their wards or the estate.

Constitutional Provision

• Section 14, Article VI of the Constitution: No Senator or Member of the House of Representatives may personally appear as counsel before any court of justice or before the Electoral Tribunals, or quasi-judicial and other administrative bodies.