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TITLE VII
CRIMES COMMITTED
BY PUBLIC OFFICERS
G R O U P 1

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Aldenaire & Partners Home Service About Me Contact

TITLE SEVEN
PRELIMINARY PROVISIONS

MALFEASANCE
0 AND MISFEASANCE
1
FRAUD AND ILLEGAL EXACTIONS
AND TRANSACTIONS
MALVERSATION
INFIDELITY OF PUBLIC OFFICERS
OTHER OFFENSES/IRREGULARITIES
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CHAPTER 1: WHO ARE PUBLIC OFFICERS
ART. 203, RPC

Any person who, by direct provision of the law,

popular election or appointment by competent
authority, shall take part in the performance of
public functions in the Government of the
Philippine Islands, or shall perform in said
Government or in any of its branches public
duties as an employee, agent, or subordinate
official, of any rank or class, shall be deemed to
be a public officer.

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CHAPTER 1: WHO ARE PUBLIC OFFICERS ART. 203,
RPC
Requisites:
To be a public officer, one must be —
(1) Taking part in the performance of public functions in the
Government, or Performing in said Government or in any of its branches
public duties as an employee, agent or subordinate official, of
any rank or class; and

(2) That his authority to take part in the performance of public

functions or to perform public duties must be —
a. by direct provision of the law, or (means that a person's right to do public tasks must
come directly from the law)
b. by popular election, or (MAYOR, KAPITAN, MGA BINOTO)
c. by appointment by competent authority. (PRESIDENTIAL APPOINTEE; DIRECTORS NG
DEPARTMENT OF AGRICULTURE, FINANCE, ETC.) Page | 03
CHAPTER 2: SECTION 1: DERELICTION OF DUTY

MALFEASANCE AND MISFEASANCE

IN OFFICE
Three (3) Forms of Breach of Oath or Duty

1. Misfeasance - improper performance.

2. Malfeasance - act ought not to be done.

3. Nonfeasance - omission of some act.

ART: 204, KNOWINGLY RENDERING UNJUST
JUDGMENT
ELEMENTS;
1. Offender is a Judge;
2. He Renders a judgment in a case submitted
to him for decision;
3. Judgment is Unjust; and
4. The judge Knows that his judgment is
unjust.
ART: 205, JUDGMENT RENDERED THROUGH
NEGLIGENCE
ELEMENTS;
1. Offender is a Judge;
2. He Renders a judgment in a case submitted
to him for decision;
3. Judgment is manifestly Unjust; and
4. It is due to his inexcusable Negligence or
Ignorance.
ART: 206, UNJUST INTERLOCUTORY ORDER
ELEMENTS;

1. Offender is a Judge; and

2. He performs any of the following acts:
a. Knowingly renders an unjust interlocutory
order or decree; or
b. Renders a Manifestly unjust interlocutory
order or decree through inexcusable
negligence or ignorance.
 ART: 207, MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
ELEMENTS;

1. Offender is a Judge;
2. There is a Proceeding in his court;
3. He Delays the administration of justice;
4. The delay is Malicious, that is, the delay is
caused by the judge with deliberate intent to
inflict damage on either party in the case
 ART: 208, PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
PUNISHABLE ACTS :
1. Maliciously refraining from instituting prosecution
against violators of law.
2. Maliciously tolerating the commission of offenses.
ELEMENTS;
1. Offender is a public officer or officer of the law who
has a duty to cause the prosecution of, or to
prosecute, offenses;
 ART: 208, PROSECUTION OF OFFENSES;
NEGLIGENCE AND TOLERANCE
ELEMENTS;
2. There is dereliction of the duties of his office, that
is, 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

3. Offender acts with malice and deliberate intent to

favor the violator of the law.
 ART: 209, BETRAYAL OF TRUST BY AN ATTORNEY OR
SOLICITOR – REVELATION OF SECRET
ELEMENTS;
1. Causing damage to his client, either:
a. By any malicious breach of professional duty;
b. By inexcusable negligence or ignorance.
2. Revealing any of the secrets of his client learned by him
in his professional capacity

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.
SECTION 2: BRIBERY ART: 210, DIRECT BRIBERY
ELEMENTS;
1. Offender is a Public officer,

2. Offender Accepts an offer or promise or receives a gift or present by

himself or through another;

3. Such Offer or promise be accepted, or gift or present received by the

public officer:
a. With a view of committing some crime; or
b. In consideration of the execution of an act which does not constitute
a crime, but the act must be unjust; or
c. To refrain from doing something, which is his official duty to do; and

4. That the act which the offender agrees to perform or which he executes
be Connected with the performance of his official duties.
 ART: 211, INDIRECT BRIBERY
The penalties of arresto mayor, suspension in its minimum and medium
periods, and public censure shall be imposed upon any public officer
who shall accept gifts offered to him by reason of his office.
Elements:
1. That the offender is a public officer: The individual must hold a
position of authority or responsibility within the government or a
public organization. (art. 203)
2. That he accepts gifts: The public officer receives or agrees to receive
gifts.
3. That the said gifts are offered to him by reason of his office: The gifts
are given to the public officer because of his official position or
functions.
 ART: 211, INDIRECT BRIBERY

IF THE PUBLIC OFFICER DOES NOT ACCEPT THE GIFT,

THIS CRIME IS NOT COMMITTED BUT THE OFFEROR IS
GUILTY OF CORRUPTION OF PUBLIC OFFICIALS UNDER
ART. 212 OF THE RPC

THERE IS NO ATTEMPTED OR FRUSTRATED INDIRECT

BRIBERY BECAUSE IT IS COMMITTED BY ACCEPTING GIFTS
OFFERED TO THE PUBLIC OFFICER BY REASON OF HIS OFFICE.
IF HE DOES NOT ACCEPT THE GIFT, HE DOES NOT COMMIT
THE CRIME. IF HE ACCEPTS THE GIFTS, IT IS
CONSUMMATED. (REYES, 2017
 ART: 211, INDIRECT BRIBERY

SIMPLY HOLDING OR TAKING POSSESSION OF A GIFT OR

PROMISE IS NOT ENOUGH AS A CONCLUSIVE EVIDENCE

THERE MUST BE A CLEAR INTENTION ON THE PART OF THE PUBLIC OFFICER TO

TAKE THE GIFT SO OFFERED AND CONSIDER THE SAME AS HIS OWN PROPERTY
FROM THEN ON,

SUCH AS PUTTING AWAY THE GIFT FOR SAFEKEEPING OR POCKETING THE SAME.

MERE PHYSICAL RECEIPT UNACCOMPANIED BY ANY OTHER SIGN, CIRCUMSTANCE

OR ACT TO SHOW SUCH ACCEPTANCE IS NOT SUFFICIENT TO LEAD THE COURT TO
CONCLUDE THAT THE CRIME OF INDIRECT BRIBERY HAS BEEN COMMITTED.

EXAMPLE:
 ART: 211, INDIRECT BRIBERY
DIRECT BRIBERY DISTINGUISHED FROM INDIRECT BRIBERY.
1. IN BOTH CRIMES, THE PUBLIC OFFICER RECEIVES GIFT.

2. WHILE IN DIRECT BRIBERY THERE IS AN AGREEMENT BETWEEN THE PUBLIC

OFFICER AND THE GIVER OF THE GIFT OR PRESENT, IN INDIRECT BRIBERY,
USUALLY, NO SUCH AGREEMENT EXISTS.

3. IN DIRECT BRIBERY, THE OFFENDER AGREES TO PERFORM OR PERFORMS AN

ACT OR REFRAINS FROM DOING SOMETHING, BECAUSE OF THE GIFT OR PROMISE;

IN INDIRECT BRIBERY, IT IS NOT NECESSARY THAT THE OFFICER SHOULD DO ANY

PARTICULAR ACT OR EVEN PROMISE TO DO AN ACT, AS IT IS ENOUGH THAT HE
ACCEPTS GIFTS OFFERED TO HIM BY REASON OF HIS OFFICE, (CITED IN POZAR
VS. COURT OF APPEALS, 132 SCRA 729)
 ART: 211-A, QUALIFIED BRIBERY

IF ANY PUBLIC OFFICER IS ENTRUSTED WITH LAW ENFORCEMENT AND

HE REFRAINS FROM ARRESTING OR PROSECUTING AN OFFENDER WHO HAS

COMMITTED A CRIME PUNISHABLE BY RECLUSION PERPETUA AND/OR DEATH
IN CONSIDERATION OF ANY OFFER, PROMISE, GIFT OR PRESENT,

HE SHALL SUFFER THE PENALTY FOR THE OFFENSE WHICH WAS NOT
PROSECUTED.

IF IT IS THE PUBLIC OFFICER WHO ASKS OR DEMANDS SUCH GIFT OR

PRESENT, HE SHALL SUFFER THE PENALTY OF DEATH. (AS ADDED BY
REPUBLIC ACT NO. 7659)
 ART: 211-A, QUALIFIED BRIBERY
ELEMENTS:

1.OFFENDER IS A PUBLIC OFFICER ENTRUSTED WITH LAW

ENFORCEMENT;

2.HE REFRAINS FROM ARRESTING OR PROSECUTING AN OFFENDER

WHO HAS COMMITTED A CRIME PUNISHABLE BY RECLUSION
PERPETUA AND/OR DEATH; AND

3.HE REFRAINS FROM ARRESTING OR PROSECUTING THE OFFENDER IN

CONSIDERATION OF ANY PROMISE, GIFT OR PRESENT. (2006 BAR)

EXAMPLE:
ART: 212, CORRUPTION OF PUBLIC OFFICIALS

THE SAME PENALTIES IMPOSED UPON THE OFFICER

CORRUPTED, EXCEPT THOSE OF DISQUALIFICATION AND
SUSPENSION, SHALL BE IMPOSED UPON ANY PERSON
WHO SHALL HAVE MADE THE OFFERS OR PROMISES OR
GIVEN THE GIFTS OR PRESENTS AS DESCRIBED IN THE
PRECEDING ARTICLES."
 ART: 212, CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS (1993,
2001, 2009 BAR):

1. OFFENDER MAKES OFFERS, OR PROMISE, OR GIVES

GIFTS OR PRESENTS TO A PUBLIC OFFICER; AND

2. THE OFFERS OR PROMISES ARE MADE, OR THE GIFTS OR

PRESENTS ARE GIVEN TO A PUBLIC OFFICER UNDER
CIRCUMSTANCES THAT WILL MAKE THE PUBLIC OFFICER
LIABLE FOR DIRECT BRIBERY OR INDIRECT BRIBERY.

EXAMPLE:
 CHAPTER 3: FRAUDS AND ILLEGAL
EXACTIONS AND TRANSACTIONS
ART. 213,
FRAUDS AGAINST THE PUBLIC TREASURY
AND SIMILAR OFFENSES

TWO CRIMES ;
1. FRAUDS AGAINST THE
PUBLIC TREASURY
2. ILLEGAL EXACTIONS
ELEMENTS OF FRAUD AGAINST PUBLIC TREASURY
1. OFFENDER IS A PUBLIC OFFICER;

2. HE SHOULD HAVE TAKEN ADVANTAGE OF HIS OFFICE,

THAT IS, HE INTERVENED IN THE TRANSACTION IN HIS
OFFICIAL CAPACITY;

3. HE ENTERED INTO AN AGREEMENT WITH ANY

INTERESTED PARTY OR SPECULATOR OR MADE USE OF
ANY OTHER SCHEME WITH REGARD TO:

A. FURNISHING SUPPLIES; OR
B. THE MAKING OF CONTRACTS; OR
C. THE ADJUSTMENT OR SETTLEMENT OF
ACCOUNTS RELATING TO PUBLIC PROPERTY OR
FUNDS; AND

4. ACCUSED HAD THE INTENT TO DEFRAUD THE

GOVERNMENT.
 ELEMENTS OF ILLEGAL EXACTIONS
1. THE OFFENDER IS A COLLECTING OFFICER;
2. HE COMMITTED ANY OF THE FOLLOWING ACTS OR
OMISSIONS:
1 . DEMANDING, DIRECTLY OR INDIRECTLY, THE
PAYMENT OF SUMS DIFFERENT FROM OR LARGER
THAN THOSE AUTHORIZED BY LAW

2. VOLUNTARILY FAILING TO ISSUE A RECEIPT AS

PROVIDED BY LAW, FOR ANY SUM OF MONEY
COLLECTED BY HIM OFFICIALLY

3. COLLECTING OR RECEIVING, DIRECTLY OR

INDIRECTLY, BY WAY OF PAYMENT OR OTHERWISE,
THINGS OR OBJECTS OF A NATURE DIFFERENT FROM
THAT PROVIDED BY LAW
 ART. 214, OTHER FRAUDS
ELEMENTS OF OTHER FRAUDS

1. OFFENDER IS A PUBLIC OFFICER;

2. HE TAKES ADVANTAGE OF HIS OFFICIAL POSITION;

AND

3. HE COMMITS ANY OF THE FRAUDS OR DECEITS

ENUMERATED IN ARTS. 315-318.
ART. 215, PROHIBITED TRANSACTIONS
ELEMENTS OF PROHIBITED TRANSACTION

1. OFFENDER IS AN APPOINTIVE PUBLIC OFFICER;

2. HE BECOMES INTERESTED, DIRECTLY OR INDIRECTLY,

IN ANY TRANSACTION OF EXCHANGE OR SPECULATION;

3. TRANSACTION TAKES PLACE WITHIN THE TERRITORY

SUBJECT TO HIS JURISDICTION; ANDCRIMINAL LAW

4. HE BECOMES INTERESTED IN THE TRANSACTION

DURING HIS INCUMBENCY.
ART. 216, POSSESSION OF PROHIBITED INTEREST
BY A PUBLIC OFFICER

PERSONS LIABLE UNDER THIS ARTICLE

1. PUBLIC OFFICER WHO, DIRECTLY OR INDIRECTLY,

BECAME INTERESTED IN ANY CONTRACT OR
BUSINESS IN WHICH IT WAS HIS OFFICIAL DUTY TO
INTERVENE;

NOTE: INTERVENTION MUST BE BY VIRTUES OF

PUBLIC OFFICE HELD.
2. EXPERTS, ARBITRATORS, ANDPRIVATEACCOUNTANTS
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.
CHAPTER 4: MALVERSATION OF PUBLIC FUNDS OR PROPERTY
ART: 217, MALVERSATION OF PUBLIC FUNDS OR
PROPERTY – PRESUMPTION OF
MALVERSATION

Common Elements to All Acts of Malversation

1. Offender is a public officer;
2. He had the 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; and
4. He appropriated, took, misappropriated or consented, or through
abandonment negligence, permitted another person to take them
 ART. 218, FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS

Elements of Failure of Accountable Public

Officer to Render Accounts (P-A-R-F)
1. 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 two (2)
months after such accounts should be
rendered.
FAILURE OF A RESPONSIBLE PUBLIC OFFICER
TO RENDER ACCOUNTS BEFORE
LEAVING THE COUNTRY
ART. 219, RPC

Elements (P-A-L)
1. Offender is a Public officer;
2. He must be an Accountable officer for public
funds or property; and
3. He must have unlawfully Left (or be on point
of leaving) the Philippines without securing
from the Commission on Audit a certificate
showing that his accounts have been finally
settled
 ILLEGAL USE OF PUBLIC FUNDS
OR PROPERTY
ART. 220, RPC

Elements of Technical Malversation (1996

BAR) (P-F-A-O)
1. Offender is a Public officer;
2. There is public Fund or property under his
administration;
3. Such public fund or property has been
Appropriated by law or ordinance; and
4. He applies the same to a public use Other
than that for which such fund or property has
been appropriated by law or ordinance.
 FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY
ART. 221, RPC

Elements of Failure to Make Delivery of Public

Funds or Property (F-O-Mal)
1. That the public officer has government Funds
in his possession;
2. That he is under Obligation to make
payments from such funds or to deliver any
property in his custody or under his
administration; and
3. That he Maliciously fails to perform the
obligation.
OFFICERS INCLUDED IN THE
PRECEDING PROVISIONS
ART. 222, RPC
Private Individuals who May be Liable under
Arts. 217-221 (P-A-C-AA)
1. Private individual who in any capacity
whatever, have charge of any national,
provincial or municipal funds, revenue or
property;
2. Administrator, depository of funds or
property attached, seized or deposited by
public authority even if such property
belongs to a private individual;
3. Those who acted in Conspiracy in
malversation; and
4. Accomplice and Accessories to malversation.
CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 1
“INFIDELITY IN THE CUSTODY OF PRISONERS”
Art. 223. Conniving with or consenting to evasion
Elements

1. Offender is a Public officer;

2. He has in his Custody or charge a prisoner, either detention
prisoner or prisoner by final judgment;
3. Such prisoner Escaped from his custody;
4. That he was in Connivance with the prisoner in the latter’s
escape
 CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 1
“INFIDELITY IN THE CUSTODY OF PRISONERS”
Art. 224. Evasion through negligence

Elements

1. 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.
CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 1
“INFIDELITY IN THE CUSTODY OF PRISONERS”
Art. 225. Escape of prisoner under the custody of a
person not a public officer
Elements

1. Offender is a Private person;

2. Conveyance or custody of prisoner or person under arrest is
confided to him;
3. Prisoner or person under arrest Escapes; and
4. Offender Consents to the escape of the prisoner or person under
arrest or that the escape takes place through his negligence.
 CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 2
“INFIDELITY IN THE CUSTODY OF DOCUMENTS”
Art. 226. Removal, concealment, or destruction of documents

1. Removal – presupposes appropriation of the official documents. It does not require that
the record be brought out of the premises where it is kept. It is enough that the record be
removed from the place where it should be transferred.

2. Destruction – is equivalent to rendering useless or the obliteration of said documents; the

complete destruction thereof is not necessary.

3. Concealment – means that the documents are not forwarded to their destination and it is
not necessary that they are secreted away in a place where they could not be found.
 CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 2
“INFIDELITY IN THE CUSTODY OF DOCUMENTS”
Art. 226. Removal, concealment, or destruction of documents

Elements

1. The offender is a Public officer;

2. He Abstracts, Destroys, or Conceals documents or papers;
3. 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 should have been caused.
 CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 2
“INFIDELITY IN THE CUSTODY OF DOCUMENTS”
Art. 227. Officer breaking seal

Elements

1. 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.
 CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 2
“INFIDELITY IN THE CUSTODY OF DOCUMENTS”
Art. 228. Opening of closed documents
Elements

1. Offender is a Public officer;

2. Any Closed papers, documents or objects are entrusted to his
custody;
3. He Opens or Permits to be opened said closed papers,
documents or objects; and
4. He does Not have proper authority.
 CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 3
“REVELATION OF SECRETS”
Art. 229. Revelation of secrets by an officer
Punishable Acts
1. Revealing any secret known to the offending public officer by reason of his
official capacity.

Elements

a. 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
d. Damage, great or small, is caused to the public interest.
CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 3
“REVELATION OF SECRETS”
Art. 229. Revelation of secrets by an officer

2. Wrongfully Delivering papers or copies of papers of which he may have charge and which should
not be published.

Elements

a. Offender is a public Officer;

b. He has Charge of papers;
c. Those papers should not be Published; He delivers those papers or copies thereof to a third
person;
d. The delivery is Wrongful; and
e. Damage is caused to public interest.
CHAPTER 5: INFIDELITY OF PUBLIC OFFICERS
SECTION 3
“REVELATION OF SECRETS”
Art. 230. Public officer revealing secrets of
private individual
Elements

1. Offender is a Public officer;

2. He Knows of the secrets of private individual by
reason of his office; and
3. He Reveals such secrets without authority or
justifiable reason.
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”

231: Open disobedience.

Any judicial or executive officer who shall openly refuse to execute the
judgment, decision or order of any superior authority made within the
scope of the jurisdiction of the latter and issued with all the legal
formalities, shall suffer the penalties of arresto mayor in its medium
period to prision correccional in its minimum period, temporary
special disqualification in its maximum period, and a fine not
exceeding 1,000 pesos.
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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
Elements:
1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of a superior authority.
3. That such judgment, decision or order was made within the scope of
the jurisdiction of the superior authority and issued with all the legal
formalities.
4. That the offender without any legal justification openly refuses to
execute the said judgment, decision or order, which he is duty bound
to obey. (2 Viada 575)
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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
Art . 232 . Disobedience to order of superior officer, when said order was
suspended by inferior officer.

— Any public officer who, having for any reason suspended the
execution of the orders of his superiors, shall disobey such superiors
after the latter have disapproved the suspension, shall suffer the
penalties of prision correccional in its minimum and medium periods,
and perpetual special disqualification.

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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
Elements:
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such order.
4. That his superior disapproves the suspension of the execution of the
order.
5. That the offender disobeys his superior despite the disapproval of
the suspension.
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 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
The law has taken into account that a But if the superior disapproves the
superior officer may sometimes err, and suspension of his order and
that orders issued by him may proceed reiterates it to his subordinate, the
from a mistaken judgment. For this latter must obey it at once and
reason, it entitles a subordinate to
refusal to do so constitutes
suspend in such cases the order issued,
contempt, for by his resistance and
to submit his reason to his superior in
order that the latter may give them refusal to do so, he undertakes to
proper weight, if they are entitled to any. dictate to his superior. (Albert)
So far there is no crime.
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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
This article does not apply if the order of the superior
is illegal.

Thus, if the superior's order is illegal, the subordinate has a legal right
to refuse to execute such order, for under the law, obedience to an
unlawful order is not justified and the subordinate who obeys such
order may be held criminally liable.

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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
Art. 233 . Refusal of assistance
The penalties of arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special disqualification
and a fine not exceeding 1,000 pesos, shall be imposed upon a public
officer who, upon demand from competent authority, shall fail to lend
his cooperation towards the administration of justice or other public
service, if such failure shall result in serious damage to the public
interest, or to a third party; otherwise, arresto mayor in its medium and
maximum periods and a fine not exceeding 500 pesos shall be imposed. Page | 09
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
Art. 233 . Refusal of assistance
The penalties of arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special disqualification,
and a fine not exceeding 1,000 pesos to apply, the public officer's
failure to cooperate must result in serious damage to the public
interest or to a third party.
If the failure to cooperate does not result in serious damage, the lesser
penalties of arresto mayor in its medium and maximum periods and a
fine not exceeding 500 pesos apply.
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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”

Elements:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lend
his cooperation towards the administration of justice or other public
service.
3. THAT THE OFFENDER FAILS TO DO SO MALICIOUSLY.

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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”

ART . 234 . REFUSAL TO DISCHARGE ELECTIVE

OFFICE
THE PENALTY OF ARRESTO MAYOR OR A FINE NOT EXCEEDING 1,000 PESOS,
OR BOTH, SHALL BE IMPOSED UPON ANY PERSON WHO, HAVING BEEN
ELECTED BY POPULAR ELECTION TO A PUBLIC OFFICE, SHALL REFUSE
WITHOUT LEGAL MOTIVE TO BE SWORN IN OR TO DISCHARGE THE DUTIES
OF SAID OFFICE.
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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”

Elements:
1. That the offender is elected by popular election to a public office.
2. That he refuses to be sworn in or to discharge the duties of said
office.
3. That there is no legal motive for such refusal to be sworn in or to
discharge the duties of said office.

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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”

ART . 235 . MALTREATMENT OF PRISONERS

THE PENALTY OF PRISION CORRECCIONAL IN ITS MEDIUM PERIOD TO PRISION
MAYOR IN ITS MINIMUM PERIOD, IN ADDITION TO THE PUBLIC OFFICER'S
LIABILITY FOR THE PHYSICAL INJURIES OR DAMAGE CAUSED, SHALL BE
IMPOSED UPON ANY PUBLIC OFFICER OR EMPLOYEE WHO SHALL OVERDO
HIMSELF IN THE CORRECTION OR HANDLING OF A PRISONER OR
DETENTION PRISONER UNDER HIS CHARGE BY THE IMPOSITION OF
PUNISHMENTS NOT AUTHORIZED BY THE REGULATIONS, OR BY INFLICTING
SUCH PUNISHMENTS IN A CRUEL AND HUMILIATING MANNER.
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CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”

ART . 235 . MALTREATMENT OF PRISONERS

QUALIFYING CIRCUMSTANCE:

IF THE MALTREATMENT WAS DONE IN ORDER TO EXTORT CONFESSION,

THE PENALTY IS QUALIFIED TO THE NEXT HIGHER DEGREE.

MALTREATMENT REFERS NOT ONLY TO PHYSICAL MALTREATMENT BUT

ALSO MORAL, PSYCHOLOGICAL, AND OTHER KINDS OF MALTREATMENT
BECAUSE OF THE PHRASE “PHYSICAL INJURIES OR DAMAGE CAUSED”
AND “CRUEL OR HUMILIATING MANNER.” (BOADO, 2008) Page | 09
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”

ART . 235 . MALTREATMENT OF PRISONERS

ELEMENTS:
1. THAT THE OFFENDER IS A PUBLIC OFFICER
2. THAT HE HAS UNDER HIS CHARGE A PRISONER OR DETENTION
PRISONER.
3. THAT HE MALTREATS SUCH PRISONER IN EITHER OF THE FOLLOWING
MANNERS:

Page | 09
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 1 BY PUBLIC OFFICERS
“DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND
MALTREATMENT OF PRISONERS”
Elements:
1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of a superior authority.
3. That such judgment, decision or order was made within the scope of
the jurisdiction of the superior authority and issued with all the legal
formalities.
4. That the offender without any legal justification openly refuses to
execute the said judgment, decision or order, which he is duty bound
to obey. (2 Viada 575)
Page | 09
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 2 BY PUBLIC OFFICERS
ANTICIPATION, PROLONGATION, AND ABANDONMENT OF
THE DUTIES AND POWERS BY PUBLIC OFFICE
ARTICLE 236. ANTICIPATION OF
DUTIES OF A PUBLICOFFICE
ANY PERSON WHO SHALL ASSUME THE PERFORMANCE OF THE DUTIES
AND POWERS OF ANY PUBLIC OFFICER OR EMPLOYMENT WITHOUT
FIRST BEING SWORN IN OR HAVING GIVEN THE BOND REQUIRED BY
LAW, SHALL BE SUSPENDED FROM SUCH OFFICE OR EMPLOYMENT
UNTIL HE SHALL HAVE COMPLIED WITH THE RESPECTIVE
FORMALITIES AND SHALL BE FINED FROM 200 TO 500 PESOS.
(ACT NO. 3815, REVISED PENAL CODE)
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 2 BY PUBLIC OFFICERS
ANTICIPATION, PROLONGATION, AND ABANDONMENT OF
THE DUTIES AND POWERS BY PUBLIC OFFICE
ARTICLE 236. ANTICIPATION OF
DUTIES OF A PUBLICOFFICE
ELEMENTS:
1. THAT THE OFFENDER IS ENTITLED TO HOLD A PUBLIC OFFICE OR
EMPLOYMENT, EITHER BY ELECTION OR APPOINTMENT;
2. THAT THE LAW REQUIRES THAT HE SHOULD FIRST BE SWORN IN
AND/OR SHOULD FIRST GIVE A BOND;
3. THAT HE ASSUMES THE PERFORMANCE OF THE DUTIES AND POWERS
OF SUCH OFFICE; AND
4. THAT HE HAS NOT TAKEN HIS OATH OF OFFICE AND/OR GIVEN THE
BOND REQUIRED BY LAW.
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 2 BY PUBLIC OFFICERS
ANTICIPATION, PROLONGATION, AND ABANDONMENT OF
THE DUTIES AND POWERS BY PUBLIC OFFICE
ARTICLE 237. PROLONGING PERFORMANCE OF
DUTIES AND POWERS
ANY PUBLIC OFFICER SHALL CONTINUE TO EXERCISE THE DUTIES AND
POWERS OF HIS OFFICE, EMPLOYMENT OR COMMISSION, BEYOND THE
PERIOD PROVIDED BY LAW, REGULATION OR SPECIAL PROVISIONS
APPLICABLE TO THE CASE, SHALL SUFFER THE PENALTIES OF PRISION
CORRECCIONAL IN ITS MINIMUM PERIOD, SPECIAL TEMPORARY
DISQUALIFICATION IN ITS MINIMUM PERIOD AND A FINE NOT
EXCEEDING 500 PESOS. (ACT NO. 3815, REVISED PENAL CODE)
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 2 BY PUBLIC OFFICERS
ANTICIPATION, PROLONGATION, AND ABANDONMENT OF
THE DUTIES AND POWERS BY PUBLIC OFFICE
ARTICLE 237. PROLONGING PERFORMANCE OF
DUTIES AND POWERS
ELEMENTS:
1. OFFENDER IS HOLDING A PUBLIC OFFICE;
2. THE PERIOD PROVIDED BY LAW, REGULATIONS OR SPECIAL
PROVISION FOR HOLDING SUCH OFFICE, HAS ALREADY EXPIRED;
3. HE CONTINUES TO EXERCISE THE DUTIES AND POWERS OF SUCH
OFFICE.
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 2 BY PUBLIC OFFICERS
ANTICIPATION, PROLONGATION, AND ABANDONMENT OF
THE DUTIES AND POWERS BY PUBLIC OFFICE
ARTICLE 238. ABANDONMENT OF OFFICE OR POSITION

ELEMENTS:
1. OFFENDER IS A PUBLIC OFFICER;
2. HE FORMALLY RESIGNS FROM HIS POSITION;
3. HIS RESIGNATION HAS NOT YET BEEN ACCEPTED;
4. HE ABANDONS HIS OFFICE TO THE DETRIMENT OF THE PUBLIC SERVICE.
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS
ARTICLE 239. USURPATION OF LEGISLATIVE POWERS

ELEMENTS:
1. OFFENDER IS AN EXECUTIVE OR JUDICIAL OFFICER;
2. HE (A) MAKES GENERAL RULES OR REGULATIONS BEYOND
THE SCOPE OF HIS AUTHORITY OR (B) ATTEMPTS TO REPEAL
A LAW OR (C) SUSPENDS THE EXECUTION THEREOF.
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 240. USURPATION OF EXECUTIVE FUNCTIONS

ANY JUDGE WHO SHALL ASSUME ANY POWER PERTAINING TO THE
EXECUTIVE AUTHORITIES, OR SHALL OBSTRUCT THE LATTER IN THE
LAWFUL EXERCISE OF THEIR POWERS, SHALL SUFFER THE PENALTY OF
ARRESTO MAYOR IN ITS MEDIUM PERIOD TO PRISION CORRECCIONAL IN
ITS MINIMUM PERIOD. (ACT NO. 3815, REVISED PENAL CODE)
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 240. USURPATION OF EXECUTIVE FUNCTIONS

ELEMENTS:
1. OFFENDER IS A JUDGE;
2. HE (A) ASSUMES A POWER PERTAINING TO THE EXECUTIVE AUTHORITIES, OR (B)
OBSTRUCTS THE EXECUTIVE AUTHORITIES IN THE LAWFUL EXERCISE OF THEIR POWERS.
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 241. USURPATION OF JUDICIAL FUNCTIONS

THE PENALTY OF ARRESTO MAYOR IN ITS MEDIUM PERIOD TO PRISION CORRECCIONAL
IN ITS MINIMUM PERIOD AND SHALL BE IMPOSED UPON ANY OFFICER OF THE
EXECUTIVE BRANCH OF THE GOVERNMENT WHO SHALL ASSUME JUDICIAL POWERS OR
SHALL OBSTRUCT THE EXECUTION OF ANY ORDER OR DECISION RENDERED BY ANY
JUDGE WITHIN ITS JURISDICTION. (ACT NO. 3815, REVISED PENAL CODE)
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 241. USURPATION OF JUDICIAL FUNCTIONS

ELEMENTS:
1. OFFENDER IS AN OFFICER OF THE EXECUTIVE BRANCH OF THE GOVERNMENT;
2. HE (A) ASSUMES JUDICIAL POWERS, OR (B) OBSTRUCTS THE EXECUTION OF ANY ORDER OR
DECISION RENDERED BY ANY JUDGE WITHIN HIS JURISDICTION.
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 242. DISOBEYING REQUEST FOR DISQUALIFICATION

ANY PUBLIC OFFICER WHO, BEFORE THE QUESTION OF

JURISDICTION IS DECIDED, SHALL CONTINUE ANY PROCEEDING
AFTER HAVING BEEN LAWFULLY REQUIRED TO REFRAIN FROM SO
DOING, SHALL BE PUNISHED BY ARRESTO MAYOR AND A FINE NOT
EXCEEDING 500 PESOS. (ACT NO. 3815, REVISED PENAL CODE)
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 242. DISOBEYING REQUEST FOR DISQUALIFICATION

ELEMENTS:
1. OFFENDER IS A PUBLIC OFFICER;
2. A PROCEEDING IS PENDING BEFORE SUCH PUBLIC OFFICER;
3. THERE IS A QUESTION BROUGHT BEFORE THE PROPER AUTHORITY REGARDING HIS JURISDICTION, WHICH IS
NOT YET DECIDED;
4. HE HAS BEEN LAWFULLY REQUIRED TO REFRAIN FORM CONTINUING THE PROCEEDING;
5. HE CONTINUES THE PROCEEDING.
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 243. ORDERS OR REQUESTS BY EXECUTIVE

OFFICERS TO ANY JUDICIAL AUTHORITY
ELEMENTS:
1. OFFENDER IS AN EXECUTIVE OFFICER;
2. HE ADDRESSES ANY ORDER OR SUGGESTION TO ANY JUDICIAL AUTHORITY;
3. THE ORDER OR SUGGESTION RELATES TO ANY CASE OR BUSINESS COMING WITHIN THE
EXCLUSIVE JURISDICTION OF THE COURTS OF JUSTICE.
CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 244. UNLAWFUL APPOINTMENTS (ART. 244)

NOMINATE IS DIFFERENT FROM RECOMMEND. RECOMMENDING,

KNOWING THAT THE PERSON RECOMMENDED HAS NO QUALIFICATION,
IS NOT A CRIME.
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 3 BY PUBLIC OFFICERS
USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS

ARTICLE 244. UNLAWFUL APPOINTMENTS (ART. 244)

ELEMENTS:
1. OFFENDER IS A PUBLIC OFFICER;
2. HE NOMINATES OR APPOINTS A PERSON TO A PUBLIC OFFICE;
3. SUCH PERSON LACKS THE LEGAL QUALIFICATIONS THEREFORE;
4. OFFENDER KNOWS THAT HIS NOMINEE OR APPOINTEE LACKS THE
QUALIFICATION AT THE TIME HE MADE THE NOMINATION OR APPOINTMENT.
 CHAPTER 6: OTHER OFFENSES/IRREGULARITIES
SECTION 4 BY PUBLIC OFFICERS

ELEMENTS: ARTICLE 245. ABUSES AGAINST CHASTITY

1. OFFENDER IS A PUBLIC OFFICER;
2. HE SOLICITS OR MAKES IMMORAL OR INDECENT ADVANCES TO A WOMAN;
3. SUCH WOMAN IS -
A. INTERESTED IN MATTERS PENDING BEFORE THE OFFENDER FOR DECISION, OR WITH RESPECT
TO WHICH HE IS REQUIRED TO SUBMIT A REPORT TO OR CONSULT WITH A SUPERIOR OFFICER; OR
B. UNDER THE CUSTODY OF THE OFFENDER WHO IS A WARDEN OR OTHER PUBLIC OFFICER
DIRECTLY CHARGED WITH THE CARE AND CUSTODY OF PRISONERS OR PERSONS UNDER ARREST;
OR
C. THE WIFE, DAUGHTER, SISTER OR RELATIVE WITHIN THE SAME DEGREE BY AFFINITY OF THE
PERSON IN THE CUSTODY OF THE OFFENDER.
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