crimes commited by public officers.docx

7/25/2019 crimes commited by public Officers.docx

1/51

Title Seven Revised Penal Code. Crimes Committed by PublicOfcers

I. Introduction: Although the oenders are rincially ublicofcers! there are crimes under this title "hich may also becommitted by rivate ersons by themselves as such! li#e i$ thecrime o$ In%delity in the Custody o$ a Prisoner and &alversationby a Private erson under Article '''. They may also be liable"hen they consire "ith the ublic ofcer or "hen theyarticiate as accomlices or accessories.

II. The term ublic ofcer! er article '()! is any erson! "ho! bydirect rovision o$ la"! oular election or aointment bycometent authority! shall ta#e art in the er$ormance o$ ublic$unctions in the government! or shall er$orm in said governmentor in any o$ its branches ublic duties as an emloyee! agent orsubordinate ofcial o$ any ran# or class

A. There is no distinction bet"een a ublic ofce and a ublicemloyee so long as the erson: *i+ ta#es art in er$ormance o$ublic $unctions or *ii+ er$orms ublic duties

,. It is not the nature o$ the aointment "hich counts but theduties er$ormed. They may be ermanent! temorary or casualofcers. -ence one aointed as mere laborer but "hose $unctionis to sort and %le money orders! or emergency heler but "hose$unctions include custody o$ documents! is a ublic ofcer

C. They include members o$ a secial body created by la"! toer$orm a $unction $or the government! as in the CentennialCommission

III. ,reach o$ Ofce are classi%ed into three $orms:


2/51

A+. &al$easance doing an act rohibited by la" or that "hichought not to be done or not suosed to be done. As in arrestinga erson "ho has not committed a crime or sending money

under one/s custody

,+. mis$easance the imroer or irregular er$ormance o$ an act"hich is allo"ed to be done

C+. 0on$easance the non er$ormance! $ailure or re$usal to an act"hich one is re1uired to do

2ereliction o$ 2uty by Ofcers Related to the Administration o$3ustice

I. Introduction: The oenses covered by Articles '(4 to '(5ertain to acts by 3udges! Prosecutors and 6a"yers * "ho areofcers o$ the Court+. They are generally considered asrevaricacion or crimes involving betrayal o$ trust

II. 2ereliction by 3udges * Articles '(4 t( '(7+

A. The 3udges re$erred to are Trial Court 3udges and not to 3udgeso$ Collegial or Aellate Courts

8 *It+ has no alication to members o$ collegial courts such asthe Sandiganbayan or its divisions! "ho reach their decision inconsultation and accordingly render their collective 9udgmenta$ter due deliberation * Cortes vs. Chico0a;ario 4'' SCRA


3/51

,. Rendering an >n9ust 3udgment i.e one "hich is not inaccordance "ith the la" and the evidence:

=. ?no"ingly or Intentionally @ *i+. the intention is to $avor a arty

or to cause damage to another or rendered due to ill "ill! site!revenge! or other ersonal ill motive! but not through bribery *ii+.It is not the $act that the decision "as reversed on aeal "hichbrings about the crime but roo$ o$ the ill motive.

'. Rendered through negligence "hich is mani$est or ineBcusable!or through ignorance. Bamle: alying a la" "hich has beenreealed or a decision "hich has been reversed. 3udges arere1uired to #ee abreast o$ latest develoments in the la" and in

9urisrudence.

C. Rendering an >n9ust Interlocutory Order either#no"inglyDintentionally or through ineBcusable negligence orignorance.

=. An interlocutory order is one "hich decides on an issue relatedto the case but does not decide the case on the merit or on the

evidence

'. Bamle: granting bail to a nonbailable oense

2. 2elay in the Administration o$ 3ustice

=. This must be malicious or that there is an intent to causedamage or in9ury to any o$ the arties

'. Bamle: delay in the calendaring or cases $re1uent grant o$ostonements! delaying the decision or $ailure to render thedecision "ithin the time allo"ed by la"


4/51

. -o"ever! be$ore a 3udge can be charged $or Rendering an>n9ust 3udgment or >n9ust Interlocutory Order! there must be a 8%nal and authoritative 9udicial declaration that the decision ororder in 1uestion is indeed un9ust. The ronouncement may

result $rom either:

=. An action $or Certiorari or rohibition in the higher courtimugning the validity o$ the 9udgment or

'. An administrative roceeding in the Sureme Court against the9udge recisely $or romulgating an un9ust 9udgment or order* 3oa1uin vs. ,orromeo! '4= SCRA '4E+

III. 2ereliction or Prevaricacion *,etrayal o$ Trust+ by Prosecutorsunder Article '(E

A. Article '(E embraces all ublic ofcers "hose ofcial dutiesinvolve the initiation o$ rosecution $or the unishment o$ la"violators. They include:

=. Prosecutors and their assistants

'. ,IR agents "ho $ail to reort violations o$ the 0IRC

). Forestry Agents "ho $ail to arehend and %le charges againstillegal loggers

4. Chie$s o$ Police in municialities "ho are by la" allo"ed toaear as rosecutors in the &TCD&CTC in the absence o$ regular

Prosecutors


5/51

,. The essence o$ dereliction is that the ublic ofcer #no"s o$ thecommission o$ an oense but :

=. -e does not cause the rosecution thereo$ i.e to gather

evidence and then %le the aroriate charges

'. -e tolerates the commission thereo$. 0ote: i$ n case o$ anillegal numbers game! the oense "ould be under RA. 5'EG

C. The crime committed by the la" violator must %rst be rovedas basis $ro conviction $or dereliction.

2. Huery: &ay olicemen or la" en$orcement agents be heldliable i$ they see a crime but do not arrest the criminal or do notinvestigate! gather evidence and charge the criminal

=. The vie" is that they are not liable under Article '(E but theyare to be held as accessories under Article =5 i.e assisting in theescae o$ the rincial! or that they may be liable under the AntiJra$t and Corrut Practices Act or under P2. =E'5 $or obstructiono$ 9ustice .

'. Personal vie": I$ the oense by the criminal is unished by asecial la"! "here there are no accomlices or accessories! thecharge should be under Article '(E. The same should be true incase the oense tolerated is a light $elony

IK. 2ereliction by An Attorney: ,etrayal o$ Trust >nder Article '(5.

A. The revaricacion includes:


6/51

=. Causing re9udice to the client through malicious breach o$ro$essional duty or ineBcusable negligence. There must bedamage to the client. Bamles: $ailure to ay the aeal $ee orto %le an Ans"er or to submit a Formal Oer o$ vidence

'. Revealing the Secrets o$ a Client learned by him in hisro$essional duty. *0ote: This is the second oense involvingdisclosure o$ secrets+. Secrets are to be construed as including thela"yer/s advise aers! documents and ob9ects delivered by theclient the la"yer/s imressions o$ the client

). Reresenting the oosing arty "ithout the consent o$ theclient

,. The crime is "ithout re9udice to the administrative liability o$the attorney

Art. '=(. ,RI,RL

I. Introduction: ,ribery connotes the idea o$ a ublic ofcerutili;ing the o"er! inMuence or restige o$ his ofce $or thebene%t o$ an individual in eBchange $or a consideration. Theoense can not be considered bribery i$ there is no considerationbut the act may be considered as a violation o$ the Anti Jra$t andCorrut Practices Act .

II. The t"o $orms:

=. Simle ,ribery "hich is either : *a+. 2irect *b+ Indirect

'. Huali%ed ,ribery


7/51

III. 2irect ,ribery: de%ned and enali;ed under Article )=(. Itselements are as $ollo"s:

=. That the accused is a ublic ofcer

'. That he received directly or through another! some gi$t orresent! oer or romise

). That such gi$t! resent oer or romise has been given inconsideration o$ his commission o$ some crime! or any act not

consisting a crime! or to re$rain $rom doing something "hich it ishis ofcial duty to do

4. That the crime or act relates to the eBercise o$ his $unctions asa ublic ofcer

IK. There are three modes o$ commission o$ direct bribery and"hich is the basis $or the enalty to be imosed:

A. First &ode: re1uires that the act involved amounted to a crime.Bamle: Falsi%cation and destruction o$ aers! records androerties! #illing o$ inmates! robbery and ta#ing o$ money orvaluables! invalid arrests! releasing o$ ersons detained

=. Three instances "hen it is consumated:

a+. The act agreed uon "as not yet er$ormed but aconsideration has already been received

b+. The act "as eBecuted even i$ the consideration has not yetbeen received


8/51

c+. The act "as eBecuted and the consideration has been received

d+. Consiracy to Commit ,ribery: I$ the ofcer merely agreed butdid not actually do the act and he did not yet receive nor "as

given the consideration! there is also the crime o$ bribery. This isin the nature o$ a consiracy "hich is unished

'. This has no $rustrated or attemted stage since the mereagreement consummates the crime

). I$ the act constituting a crime "as committed! the ofcer isliable $or bribery and $or the additional crime so committed. Thebribe giver "ill also be liable $or the crime. ,ribery is neverabsorbed or comleBed but is al"ays unished searately. ,ut inthe crime o$ 2elivering Prisoners bribery constitutes a 1uali$yingaggravating circumstance

4. Bamle: The 3ail Juard agreed "ith &r. ,, to #ill N! an

inmate! in eBchange $or money. The crime is committed i$ *i+ hehas already received the money but "as arrested be$ore he can#ill N *ii+ he #illed N but &r. ,, $ailed to give the money and *iii+-e #illed N and "as aid either be$ore or a$ter the #illing. In thesecond and third instance! the ofcer and &r. ,, are liable also $ormurderDhomicide $or the #illing.

,. Second &ode: The act is not a crime but is un9ust or the doingis imroer or un$air

=. The act done is "ithin the roer $unctions or duties or theublic ofcer. -ence to constitute bribery! the consideration must


9/51

be actually received. Future romises or oers or consideration tobe given a$ter the doing! such as re"ard! do not give rise tobribery.

'. I$ the ofcer er$ormed the act regularly! roerly! or inaccordance "ith la"! he is not liable even i$ he already receivedthe consideration

). I$ the act "as done imroerly "ithout any consideration! theofcer is not liable $or bribery but he may be:

*a+. Administratively liable

*b+. 6iable under the Anti Jra$t and Corrut Practices Act

4. I$ the ofcer received the consideration but he did not do theact as agreed uon! he may be sued $or the recovery o$ theconsideration and $or esta$a by means o$ deceit


10/51

*b+ The comlainant aid the oliceman to serve the "arrant o$arrest o$ the accused on Saturday so that the accused "ill not beable to ost bail. The olice ho"ever served the "arrant on Friday

allo"ing the accused the accused to ost bail. The olice is notliable $or bribery but the bribe giver is liable $or attemtedcorrution. ,ut he may %le a case to recover the money.

*c+. The olice received the money but "hen he "ent to arrest ona Friday night! the accused had already osted bail that morning.-e is liable $or consummated bribery even i$ the urose "as notachieved.

*d+. 0,I agents learned the money "ill be given on Friday

morning. hen the money "as given the 0,I agents "ho "ere"aiting! arrested both the giver and the olice. 2id the olicemancommit direct bribery

*e+. Receiving money to give re$erence to a late alication overothers earlier submitted

C. Third &ode: There is noner$ormance o$ an ofcial duty due toa consideration rovided the noner$ormance does not amountto a crime. I$ so it is bribery o$ the %rst mode.

=. Bamles:

a+. A stenograher received money such that she did not recordthe testimony.

b+. For money received! the cler# did not include the case in

the court calendar or that he did not send the re1uired notices to"itnesses.

c+. Omission to accet andDor record a leading %led


11/51

K. Common Princiles:

A. =. The accused in the direct bribery case is the ublic ofceronly. The bribe giver "ill be unished $or Corrution o$ a PublicOfcer.

'. Private ersons are liable i$ they are er$orming ublic$unctions such as assessors! arbitrators! araisers and claimcommissioners. These rivate ersons are usually designatedandDor directed by the court to er$orm these $unctions as art o$ending roceedings! and to submit their %ndings to the court.

,. The act or omission must be in relation to the ofcer/s duties or$unctions other"ise the crime "ould be esta$a

C. The consideration need not be in terms o$ money! or articles o$value so long as it has a ecuniary value. This is because theenalty o$ %ne is based on the value o$ the consideation given.

Those in the $orm o$ $avors or service or nonmaterialconsiderations may induced a ublic ofcial to do any o$ the actcontemlated by la". -o"ever there is the 1uestion o$determining the value as basis $or the %ne.

The consideration may be given to the ofcer directly or tomembers o$ his $amily or ersons closely associated "ith the

ofcer.

=.Bamles o$ Consideration in the $orm o$ services: theemloyment or romotion o$ a $amily member in a certaincomany or the giving o$ a contract to the comany o$ the "i$eor that the rivate erson "ill shoulder the eBenses o$ thebirthday arty o$ the ofcer/s son


12/51

'. The borro"ing o$ a vehicle by the 6TO 2irector $rom atransortation comany can be considered as a gi$t incontemlation o$ la" * Jarcia vs. Sandiganbayan


13/51

'. I$ he "as $orced to give it is robbery

). I$ the giver committed a crime and at his o"n instance he givesmoney so as to avoid arrest and rosecution! the receit thereo$

"ould be bribery.

4. I$ the giver is a $amily member o$ a erson arrested and "asrevailed uon to give so that the case against the relative "illnot ush through! or "ill be do"ngraded! the demand andreceit o$ consideration is robbery.


14/51

=. An enveloe "as le$t on to o$ the des# o$ ofcer. The ofcercalled his sta and told them to use all the amount to buy $oodand snac#s. This is indirect bribery

'. I$ the ofcer ho"ever gave it to the 3ail or to some children! heis not liable

). I$ he simly let the enveloe dro on the Moor and le$t it there!he is not liable.

4. I$ somebody ays the bill $or his meal or drin#s! he is not liable$or indirect bribery as he did not accet any gi$t.


15/51

II. Princiles.

A. The oenders are limited to ofcers entrusted "ith la"en$orcement such as members o$ the regular la" en$orcementagencies! as "ell as those tas#ed to en$orce secial la"s! andProsecutors. This is similar to revarication under Article '(E butthe oense involved here "hich the ofcer re$used to rosecuteare graver being unished by reclusion eretua or death

,. Actual receit o$ consideration is not necessary.

C. The enalty $or the ofcer is that $or the oense he did notrosecute. ,ut i$ it "as the ofcer "ho solicited the gi$t! theenalty is death. -o"ever! the guilt o$ the erson "ho "as notrosecuted must %rst be roven.

2. Huery: *a+. "hat crime "as committed by a la" en$orcementagent "ho re$used to arrest a raist or murderer *Ans+. I$ it "asbecause o$ a consideration the crime is 1uali%ed bribery. I$ there"as no consideration he is an accessory to the crime

*b+ Suose it "as a drug usher "ho "as re$used to be arrested*ans+. Huali%ed bribery i$ there "as a consideration. I$ there "asnone it should be Kiolation o$ Article '(E because there are noaccessories in the oense o$ drug ushing

ART. '='. CORR>PTIO0 OF P>,6IC OFFICIA6S


16/51

=. Concet: This is the crime committed by the bribe giver!romissory or oeror.

II. It has only t"o stages: attemted i$ the gi$t! oer or romise

"as re9ected and consummated i$ the same "as acceted.

III. This is in addition to his liability i$ the act done by the ofcer isa crime in "hich case he is a rincial by inducement. .

6AS R6AT2 TO CRI&S ,L P>,6IC OFFICRS

I. R.A. 7(E(: 2e%ning and Penali;ing the Crime ?no"n as Plunder

=. Plunder is the act o$ accumulating or ac1uiring illgotten "ealthin an aggregate amount o$ at least P


17/51

A. Introduction: This "as enacted to $orti$y the rincile thatublic ofce is a ublic trust. Also the rovisions o$ the Revisedenal Code is inade1uate to cover all situations and acts "herebya ublic ofcer er$orms an act inimical to ublic service. Some $o

the salient $eatures are summari;ed belo".

,. There are eleven acts enumerated as constituting corrutractices! some o$ "hich reeat rovisions o$ the Revised PenalCode! "hich acts or omissions there$ore remain still to be malainse. Those "hich are not de%ned in the Revised Penal Code areacts mala rohibita .

=. These eleven acts include the $ollo"ing:

a. Those "hich involve the receit o$ material consideration

b. Those "here! even i$ there "as no consideration! the ublicofcer uses the ascendancy! inMuence or restige o$ his ofce toinMuence any course o$ action ertaining to the governmenteither $or himsel$! a relative or inMuence * InMuence Peddling+! or"here the government stands to be re9udiced

c. Acts constituting an imroer eBercise o$ duties esecially inthe granting o$ ermits and licenses

d. Acts by rivate individuals! esecially relatives o$ the ofceror close associates "ho ta#e advantage o$ such relationshi orconnection "ith any business in "hich the ublic ofcer has tointervene

e. Acts "hich are imroer $or an ofcer to do such as nonayment o$ a debt

C. Periodic Submission o$ a Statement o$ Assets and 6iabilities


18/51

2. 2e%nes >neBlained "ealth as roerty mani$estly out o$roortion to the income o$ a ublic ofcer.

=. Possession o$ uneBlained "ealth is a ground $or removal ordismissal

'. It is a rima $acie evidence o$ corrution

). Prosecution $or uneBlained "ealth is an eBcetion to the

Secrecy o$ ,an# 2eosits

. Section =) o$ the la" Provides $or Susension Pendente 6ite o$the accused ublic ofcer

=. A$ter an In$ormation is %led in Court $or : *a+ Kiolation o$ R.A.

)(=5 or *b+ under Title 7 o$ the RPC i.e. Crimes Committed byPublic Ofcers or *c+ $or any oense involving $raud uongovernment or ublic $unds! the ofcer shall susended $romofce.

'. The susension alies to any ofce "hich the ofcer chargedmight be holding and not necessarily the articular ofce under"hich he "as charged or under "hich the act "as committed.

). The crimes maybe simle or comleB "ith another! "hetherattemted or $rustrated and even i$ the ofcer/s articiation is asan accomlice or accessory only.


19/51

4. The eriod "as $ormerly $or the "hole duration o$ the trial butthe eriod has been %Bed to be the same eriod as that rovided$or under the Civil Service 6a" "hich is 5( days and "hichli#e"ise is the eriod rovided $or under Section


20/51

*b+. -o"ever the susension is not automatic because be$ore theCourt * note: only the Court may order the susension+ there must%rst be a &otion to Susend and i$ the ofcer does not voluntarilylace himsel$ under susension but contests the &otion! then

there must be 8Pre Susension -earing 8 to determine the$ollo"ing: *i+ The validity o$ the In$ormation *ii+ I$ the accused "asaorded the right to a Preliminary Investigation *iii+ I$ there is aground to Huash the In$ormation *iv+ I$ the oense charged is aKiolation o$ Title 7 o$ the Revised enal Code or is covered by theAJCPA. It is only then that the Court issues an Order lacing theaccused under susension

Q -o"ever! i$ the accused had amle oortunity to be heard onthe Prosecution/s &otion $ro Susension Pendenti 6ite and "ere

allo"ed to %le their comment or oosition thereto! and agreed tosubmit the &otion $or Resolution uon submission o$ theircommentDoosition! there "as no more need to set the motion toSusend $or hearing on a seci%c time and date. * ,edrey vs.Sandiganbayan! 477 SCRA 'EG+

F. ect o$ Conviction 6oss o$ retirement or gratuity bene%ts. In

case o$ ac1uittal reinstatement lus ayment o$ bac# salariesunless in the meantime the ofcer has been administratively

J. A ublic ofcer maybe charged under R.A. )(=5 and under theRevised Penal Code $or the same oense *Ramiscal vs.Sandiganbayan 455 SCRA 7


21/51

A. Concet: The violations unished are e1uivalent to cheatingthe ublic treasury. There are t"o #inds o$ $rauds unished.

,. Fraud under Paragrah =: unishes any ublic ofcer "ho inhis ofcial caacity enters into an agreement or scheme tode$raud the government. It does not matter that the government"as not damaged as mere intent to de$raud consummates thecrime.

=. >sually! "hen in connivance "ith suliers! the government ismade to ay $or more than "hat it has received or there isoverricing or aying $or oor 1uality o$ articles or sulies or$or double ayment or aying $or 8ghost deliveries

'. Also ma#ing the government re$und more than "hat it has tore$und

).There must ho"ever be no %Bed amount "hich "as set aside oraroriated be$ore hand to be send or to cover the urchase.

Thus i$ the sum o$ P=((!(((.(( "as set aside to urchase %vecomuters! even i$ said comuters are o$ oor 1uality and are"orth only P7

C. Illegal Baction >nder aragrah '

=. The oender is limited to those ublic ofcers entrusted "iththe collection o$ taBes! licenses $ees and other imosts. -e is thusan accountable ublic ofcer I$ other"ise! the crime "ould be


22/51

esta$a. -o"ever ofcers under the ,IR and ,oC are covered bythe 0IRC and Customs Code or the Administrative Code.

'. There is no need $or misaroriation o$ $unds or intent to

de$raud because the essence o$ the crime is the imroer orirregular manner o$ the collection.

). The acts are:

a+. 2emanding the ayment o$ sums dierent $rom or larger thanthose authori;ed by la".

*i+. -ere mere demand is sufcient even i$ the ayer re$used tocome across. I$ he oc#ets the eBcess he commits esta$a throughillegal eBaction

*ii+. Suose the ayor allo"s him to #ee the change and theofcer did not turn it over to the government! he commitsmalversation. It is to the government that the change must go asan accretion o$ the amount due * Princile o$ Accretion+ .

*iii+. Suose the ofcer demands P=!(((.(( "hen the amountdue is only P7((.((. -e sent the entire P=!(((.((. -e is guilty o$illegal eBaction *$or demanding a dierent amount+ sta$a $orsending the eBcess o$ P)((.(( and malversation as to theamount o$ P7(((.(( "hich is government $unds

b+. Failing to voluntarily issue an ofcial receit $or the moneycollected. The crime is committed i$ "hat are issued are only

rovisional receit

c+. Collecting or receiving by "ay o$ ayment or other"ise! thingsor ob9ects o$ a nature dierent $rom that rovided by la".


23/51

*i+. Payments are to be in the $orm o$ cash or the ayor/s ersonalchec#. It does not matter that the ob9ect has a higher value than"hat is due.

Art. '=4. Other Frauds.

A. Concet: This article does not unish any oense. hat isrovided is the additional enalty o$ secial dis1uali%cation uona ublic ofcer "ho commits esta$a by ta#ing advantage o$ hisofcial osition.

,. Bamles: The 3udge entices an accused to hand to him money"hich the 3udge "ill ost as cash bond but he sends it. The heado$ Ofce! "ho collects contributions $rom his emloyees tourchase $or sulies! but sends the money $or himsel$! i$ $oundguilty! "ould be imosed this additional enalty.

Art. '=


24/51

Art. '=G: Possession o$ Prohibited Interest.

A. Concet: This unishes the act o$ becoming interested orarticiating by a ublic ofcer virtute ofcii in any contract in"hich it is his ofcial duty to intervene. Actual $raud is notnecessary but the act is unished to revent the ossibility thatthe ofcer may commit $raud or laces his interest over that o$the government.

,. -ence i$ he articiated in his rivate caacity he is not liable.Bamle: The 2irector o$ the 2S2 assumed the mortgageeBecuted in $avor o$ a creditor. -e did so as a rivatebusinessman. -e is not liable.

C. Bamle: The City is need o$ a building to rent. The mayoraroved the contract o$ lease "ith the A,C cororation! o"ner o$the building! but he is a director o$ said comany.

&A6KRSATIO0 OF P>,6IC F>02S

*mbe;;lement+

Classi%ed into *=+ Ordinary and Technical and *'+ Intentional orculable

Art. '=7. Simle or Ordinary


25/51


26/51

b+. ,y reason o$ secial designation or by reason o$ the $act thatublic $unds or roerties are entrusted to him by his suerior.Bamle: an emloyee is tas#ed to get the salaries o$ theemloyees or sulies are entrusted to a teacher $or delivery to

the school or medical sulies are sent to a municiality throughthe councilor.

'. ,y a rivate erson :

a+. Through consiracy "ith the ublic ofcer

b+. As an accomlice or accessory

c+. >nder Article ''' "hen he has charge o$ ublic $unds orroerty or is the deository or administrator o$ $unds sei;ed!attached or deosited by ublic authority

*i+. Forest Rangers sei;ed several logs. The 20R 2irector

deosited them "ith &r. N "hom he also aointed to be thecustodian until the 20R can get truc#s to transort the logs. I$&r. N uses the logs as %re"ood he is liable $ or malversation

*ii+. The Sheri deosited several household items "hich heattached $rom the de$endant. These "ere as#ed to be sa$e #et inthe garage o$ L "ho consented to be the custodian. The articles"ere stolen because L "ent on a vacation "ithout ta#ingmeasures against the$t. -e is liable.

C. Proerty Sub9ect o$ the crime


27/51

=. Public roerties

a+. Strictly ublic roerties @ those o"ned by the government orby the local government units such as ofce e1uiments andsulies guns and bullets issued to the AFP or P0P membersvehicles and modes o$ transortations issued to a ublic ofcemoney aid or received as taBes! %nes! ayments! donations! orincome or cash in the ublic coers.

*i+. thus a oliceman "ho goes on AO6 "ithout returning his

%rearm is liable $or malversation

*ii+. a driver "ho sells o the gasoline o$ the vehicle assigned tohim as ublic transort is guilty o$ malversation

*iii+. the harmacists o$ the government hosital "ho secretlysells the medicines commits this crime

=. Private roerties:

a+. I$ held in trust by a ublic ofce i.e. he has the duty to accounto$ the roerty! o$ten re$erred to as 8Trust Funds or TrustProerties

*i+. &oney deosited by a arty in court as cash bail bonds or

redemtion rice

*ii+. Private roerty deosited in court rovided they have notbeen mar#ed yet as evidence or "hen they are ordered o bereturned to the o"ner as evidence

*iii+. Proerty under attachment


28/51

*iv+. Proceeds o$ a s"eesta#e tic#et entrusted to a sales agent

*v+. Articles the ossession o$ "hich is rohibited! eBcet $or

dangerous drugs! or the eects or instruments o$ a crime in theossession o$ a oliceman

b+. Proerty in custody o$ a ublic ofce $or a ublic urose i.erivate roerties imressed "ith ublic character

*i+ Bamle: The sheri "ho conducted an eBecution sale sentart o$ the money reali;ed $rom the sale instead o$ turning it overto the lainti. -e is liable $or malversation because the roceedsare imressed "ith the character o$ ublic $unds.

*ii+. Bamle: ,lood #et by the Phil. 0ational Red Cross

c+. Private roerty considered as ublic by reason o$ the *i+.

Princile o$ Comingling in that all $unds commingled "ith ublic$unds or $ound in ublic vaults! are resumed to be ublic$undsDroerty and *ii+ The Princile o$ Accretion

d+. Private roerties "hich "ere con%scated or sei;ed even i$deosited "ith a rivate erson

2. Acts o$ &alversation: -o" Committed

=. Intentional Acts:


29/51

*a+. ,y aroriating: "hen the ofcer himsel$ ta#es the roerty$or his o"n use or that o$ his $amily or that o$ a third erson

*i+. Thus loose changes ta#en by the ofcer constitutemalversation as the loose changes roerly belong to thegovernment.

*ii+. 6i#e"ise! a collector "ho brings home $unds or roerty and$orgot to bring them to his ofce! and is there$ore $ound short bysaid amount! is guilty o$ malversation.

*b+. ,y misaroriating: the ofcer uses them $or a dierenturose even i$ a ublic urose but is not authori;ed to do so

*i+. Thus a cashier "ho uses his collections to change the ersonalchec#s on emloyees! even at a discount! and even i$ the chec#s

are good! is guilty o$ malversation. 2uring the eriod o$ time thechec# is undergoing clearing by the bac#! the government isalready derived o$ the use o$ the $unds.

'. ,y abandonment or through negligence * culablemalversation+

*a+. The custodian is eBected to eBercise utmost diligence andcare to revent the ublic $undsDroerties under his custody $rombeing lost! destroyed! damaged! either by action o$ nature or bythe acts o$ eole. hen these eventualities occur due to his$ailure to ta#e recautions or eBercise care! then he becomesliable.


30/51

*bi+. I$ the $unds "ere lost or destroyed the ofcer must ma#e aromt reort and rove the loss or destruction "as not due to his$ault or negligence

Q. Thus the ofcer is liable even i$ it "as a third erson "ho too#and aroriated the roerty

. Penalty: The enalty deends on the amount o$ the $und orroerty involved

=. The Penalty is the same "hether the malversation is intentionalor through negligence. This is the eBcetion to the rule that theenalty $or a crime is lo"er i$ committed through negligence

'.The accused may be convicted o$ $or culable malversationunder an In$ormation "hich charges intentional malversation"ithout need o$ amending the original In$ormation. This isbecause culable malversation is included in intentionalmalversation and because the enalty is the same "hether it "ascommitted intentionally or through negligence. * PP. vs. Ting 6an47< SCRA '4E+

F. Presumtion o$ &alversation: "hen there is a $ormal demanduon the accountable ofcer to roduce $unds or roerties in hiscustody and he $ails to roduce them! his $ailure to do so shall berima $acie evidence that he ut the missing $unds to his ersonal

use.

=. For uroses o$ conviction! it is not necessary that there bedirect roo$ that the ofcer used the $unds to his ersonal use.


31/51

'. The resumtion alies only i$ *i+ there is roo$ o$ shortageand the amount "hich is claimed to be missing is certain! andde%nite and a$ter an audit "hich is thorough! comlete to the lastdetail and reliable * 2umagat vs. Sandiganbayan! =G( SCRA 4E)+and *ii+ the $ailure to roduce is uneBlained.

). The resumtion is rebuttable hence i$ the accused "as able torove the missing $unds "ere not used by him ersonally! as"hen the missing $unds "ere given to emloyees as vales! theburden is uon the rosecution to rove the misaroriation

J. ect o$ Restitution or Relacement o$ the &issingFundDProerty

0ote that the accused incurs a criminal liability and is also civillyliable to the government $or the missing $und or roerty! thus:

=. I$ made be$ore the shortage is recorded: there is no criminalliability because ofcially there is as yet no shortage

'. I$ made >on discovery and recording: the criminal liabilityremains but this may be considered as mitigating but the civilliability may be eBtinguished

). I$ a$ter the lase i$ time: the relacement or restitution has

not eect on the criminal liability "hat so ever

-. I$ there is $alsi%cation:


32/51

=. The $alsi%cation must not be to hide the malversation else it isa searate oense

'. As to the liability o$ heads o$ ofce "ho sign or arove

vouchers or documents containing $alsi%es! see Arias and Rodisdoctrine

I. 2istinguished $rom sta$a:

=.As to the nature o$ the roerty involved: in esta$a only rivate

roerties are involved.

'.As to the character o$ the accused: in malversation he must bethe custodian or is accountable over the roerty involved.

). As to the need $or a rior demand: malversation does notre1uire a rior demand

4.As to the re1uirement o$ damage: there need not be damage tothe government in malversation

Art. ''(. Technical &alversation

Concet: This is o$ten re$erred to as 83uggling o$ Funds or8Realignment o$ Funds. This is the crime committed by a ublic

ofcer "ho used or alied $unds earmar#ed or aroriated $ora seci%c ublic urose! $or another ublic urose.

=. The $unds involved should have been reserved by anaroriation ordinance $or a seci%c ublic urose.


33/51

'. I$ the $und "ere not yet earmar#ed $or a seci%c ublicurose! such as the general $und! the crime is ordinarymalversation

). I$ the $unds earmar#ed $or a ublic urose "ere used $or arivate urose! the crime is ordinary malversation

4. It is immaterial that the other ubic use is more bene%cial tothe ublic.


34/51

). Failure to ma#e 2elivery o$ Public Funds or Proerty *Art. ''=+

a+. The ofcer is obligated to ma#e ayments! or "as ordered bycometent authority to deliver roerty $rom out o$ his custodybut he re$uses to do so

b+. The re$usal is malicious and must have resulted in damage toublic interest

*iii+. B: *i+. The Treasurer re$uses to give the salary o$ anemloyee out o$ site *ii+ or re$uses to give the ayment $or theurchase o$ e1uiments on the ground the e1uiments areunnecessary *ii+ Proerty Custodian "ho re$uses to deliver a tye"riter to a secretary because the secretary is inet at tying

I0FI26ITIS ,L A P>,6IC OFFICR

A. Concet: These oenses involve un$aith$ulness in theer$ormance o$ duties amounting to a violation o$ the ublic trustand con%dence reosed in the ofcer.

,. ?inds: *=+ In the Custody o$ Prisoners *'+ In the Custody o$2ocuments and *)+ In the #eeing o$ Secrets

In%delity in the Custody o$ Prisoners

*Articles '') t( ''


35/51

A. Concet: The crime re$ers to the act o$ a custodian o$ arisoner in allo"ing or ermitting the risoner to escae. Thismay be intentionally or by his negligence

,. ,asis o$ the Penalty: *i+ The ublic or rivate character o$ theerson *ii+ The status o$ the risoner "ho escaed and *iii+ thecircumstances under "hich the escae "as made

C. Persons liable:

=. A Public ofcer "hose $unction or duty consists rimarily o$ta#ing custody o$ risoners such as ersonnel o$ the ,3&P. At thetime o$ the escae! the ersonnel must be on duty other"ise hisliability is $or 2elivering Prisoners $rom 3ail

'. A Private erson ursuant to Article ''< to "hom the

conveyance or custody o$ a risoner erson or erson underarrest "as made

a+. ith resect to ublic ofcials! the erson "ho escaed mustbe a risoner "here as in in%delity by a rivate erson! theindividual may simly be a 8erson in arrest i.e one "ho hasbeen la"$ully arrested either "ith or "ithout a "arrant

b+. I$ he lets go the risoner due to a consideration he is liablealso $or bribery

c+. Bamles: *i+ The escort handcued his risoner to a 9eeneyas#ing the driver to "atch over the risoner because the escort"ent to hel a blind man cross the street. The driver removed the


36/51

handcus "hen the "i$e o$ the risoner aid him. -e is liable $orin%delity and bribery *ii+ A oliceman arrested a robber "hom heentrusted to N as the oliceman still had to chase the otherrobbers. N let the robber go. N committed in%delity

2. &eaning o$ Prisoner: The term risoner re$ers to:

=. Prisoner by %nal 9udgment or mere detention risoner

'. As to ersons 8under arrest they are not yet risoners until

they have already been 8boo#ed i.e %ngerrinted! hotograhed!and laced in the gaol. This is true even i$ they already are in theolice station and detained in the interrogation room. -o"ever i$they "ere entrusted to rivate ersons "ho let them escae!in%delity is committed.

). Persons laced in 9ail only $or 8sa$e #eeing uroses! such asdrun#s! are not risoners.

. &eaning o$ 8scae

=. The act o$ running a"ay or ermitting the risoner to leave

'. The giving o$ re$erential or secial treatment or un9usti%ableleniency to enable him to avoid the rigors resulting $rom his

imrisonment. Bamles : *a+ As allo"ing the risoner to eat orslee in the house o$ the guard or "arden *b+. Allo"ing him toreair his cell and convert it into a luBurious room

F. ?inds o$ In%delity


37/51

=. Conniving "ith or consenting to the escae

a+. This is committed by intentionally allo"ing a risoner toescae either by active articiation! such as roviding him "iththe means to escae or simly letting him go! or by doingnothing to revent his escae

b+. I$ the custodian "as bribed! there are t"o searate oenses

'. Through negligence "hich includes:

a+. Failure to ta#e recautionary measures to revent the escaesuch as by not chec#ing on "hether the $acilities ermits aescae not chec#ing on visitors "ho may bring in tools "ith"hich to escae

b+. ,ecoming too $amiliar and $riendly "ith the risoners resultingto decrease in vigilance

c+. 6aBity in escorting the risoner or ermitting him to go tolaces "here he is not suosed to be brought! such as arestaurant

d+ There is no distinction bet"een negligence "hich resultsmerely to an administrative liability and that "hich amounts to a"ill$ul noner$ormance o$ duty

Huery: I$ a risoner escaes "ith the assistance o$ another! "hatare the resective criminal liabilities o$: *a+ the risoner *b+ theerson "ho heled him escae


38/51

In%delity in the Custody o$ 2ocuments

?inds:

=. Through removal! concealment or destruction*Art. ''G+

'. ,y ,rea#ing the Dseal *Art. ''7+

). ,y oening o$ closed documents * Art. ''E+

Art. ''G. Removal! Concealment and 2estruction

.A. Persons rincially liable:

=. Public ofcers

*a+ Those "ho are ofcially entrusted "ith the custody o$documents it being their $unction to ta#e care o$ documents !such as:

a+. The Cler# o$ Court as regards the records o$ cases

b+. The Post &aster as to mail matters

c+. The 6ocal Civil Registrar

d+. The Register o$ 2eeds or The Assessor

e+. The lection Registrar

*b+. or ofcers "ho are secially entrusted by their sueriorofcers or by cometent authority! "ith the care and custody o$certain documents even i$ their rimary $unctions do not ertainto the #eeing o$ documents


39/51

0ote: I$ the ofcer is not the custodian the crime is dierent i.ethe$t i$ he abstracts or ta#es the documents malicious mischie$ oresta$a i$ he destroys or conceals

'. Private ersons "ho consire or "ho articiate as anaccomlice or accessory

,. &eaning o$ 2ocument: They re$er to "ritten instruments "hichmaybe sub9ect to the crime o$ $alsi%cation

=. Those "hich are urely ublic or ofcial documents such asrecords o$ birth! titles to land records o$ court cases ofcialcommunications ayrolls! time records

'. Commercial Paers such as notes! chec#s! money bills

). Private documents entrusted to ublic ofcials by reason o$

their ofce as $or eBamle: *a+. 6etters sent through the mail *b+.,ut not ac#ages! amhlets! boo#s! eriodicals or arcel sentthough the mail

4. hen is the crime malversation and "hen it is in%delity:

a+. hen money! ob9ects! or articles are in the ossession o$ anaccountable ofcer! any act o$ aroriationDmisaroriation orloss or destruction "ill constitute malversation.

b+. ,ut "hen these money! articles or ob9ects had already beenmar#ed in court as Bhibits! they ceased to be roerties andbecome documents * note that they are re$erred to asdocumentary eBhibits+ so that their aroriation!misaroriation or loss! constitutes in%delity in the custody o$documents.


40/51

c+. ,ut "hen the trial is over and these articles are ordered to bereturned to their o"nersDossessors! such as in crimes againstroerty! they revert to being roerties. -ence any act o$

aroriationDmisaroriation "ill be malversation.

C. Acts Punished:

=. ,y abstracting or removal:

a+. the crime is consumated the moment the document or aeris removed or ta#en out $rom its usual lace in the ofce. It need

not be brought out $rom the building such as "hen it istrans$erred to another room or lace "here it is not suosed tobe #et

b+. The removal must be $or an illicit urose such as to tamer"ith it! to ro%t $rom it or even to #ee it a"ay $rom the eyes or#no"ledge o$ the ublic! or to sho" it to the media

C+ -ence there is no in%delity i$ the removal is to sa$e #ee the

document or to rotect it $orm loss or destruction

d+ Bamles o$ removal:

*i+. hen the Postmaster oens a letter and ta#es the moneyinside or the letter $or transmission contains Postal &oney Orders"hich he removes an encashed. ,ut i$ they are the mailDlettercarriers "ho ta#e the money! the crime is 1uali%ed the$t

*ii+. ,ut "hen he received the money order itsel$ not the letter!"hich he then signed as ayee! collected and sent the amount!he is guilty o$ malversation through $alsi%cation.


41/51

*iii+. hen the records ofcer trans$ers the $older o$ a case $romthe records section to the library and it can not be located "hen aarty comes to BeroB coies

*iii+ A secretary "ho brings home the $older or record in order tostudy it is not liable as the urose is not illicit

*iv+ &isdelivery o$ mail matters to third ersons is removal

e+ Actual damage to the ublic is not necessary as delay in theroduction o$ the document is sufcient! as is alarm to the ublicor loss o$ con%dence in government service

'. ,y 2estroying as in the act o$ a letter carrier "ho burned themail

). ,y concealing: This includes acts o$ hiding or ma#ingunavailable the documents to authori;ed ersons $or their

insection! reading! coying or $or their o"n #no"ledge. This "illnot aly i$ the documents or aers are con%dential in nature!such as the records o$ a Louth$ul Oender "ho has beenac1uitted.

Art. ''7. ,y ,rea#ing the Seal

A. Concet It is the crime committed by a ublic ofcer! charged"ith the custody o$ aers or documents! "ho brea#s the seallaced thereon by roer authorities on the documents or ermitsthe seal to be bro#en. The gist is the $act o$ brea#ing the sealeven i$ the contents are not tamered "ith.


42/51

,. Bamle: 2estroying the seal laced on ballot ,oBes

Art. ''E. Oening o$ Closed 2ocuments.

A. Concet: The crime committed by a ublic ofcer "ho hascustody o$ closed documents! aers or ob9ects! "ho oens orermits to be oened the closed aers! documents or ob9ects"ithout nay roer authority to do so.

,. Bamles: *i+. Closed enveloes containing election returns *ii+.Communications in closed enveloes or $olders hand carried byersonnel ofcers to &anila.

Revelation o$ Secrets.

* Secrets re$er to any data or in$ormation "hich is not suosed tobe ublici;ed or #no"n "ithout rior aroval o$ the roerofcer+

A. First ?ind: Revelation o$ Secrets Interest by an Ofcer >nderArt. ''5

=. The Secrets re$er to those aecting ublic interest o$ minorconse1uence "hich are not unished by any other rovision o$la"

'. These secrets must be #no"n to him virtute ofcii


43/51

). I$ the accused is a rivate erson! the crime "ould be underthe article on >nla"$ul &eans o$ Publication

4. 2amage to ublic interest is not re1uired


44/51

). >nder C.A. G=G or sionage i$ the matter ertains to secrets o$the state or to the de$ense the de$ense o$ the sate

4. ,etrayal o$ Trust ,y An Attorney i$ they ertain to the secrets

o$ a client

nder 2iscovery and Revelation o$ Secrets under Article '5(*Sei;ure o$ Corresondence+! '5= *,y a manager. mloyee orservant+ or Article '5' * Revelation o$ Industrial Secrets+ .Theseertain to the revelation o$ rivate secrets by a rivate erson

Other Oenses or Irregularities by Public Ofcers

A. 2isobedience "hich is either:

=. Oen 2isobedience or Incetive 2isobedience *Art. ')=+

a+. Crime by a 9udicial or eBecutive ofcer "ho oenly re$uses to

eBecute the 9udgment! decision or order o$ any suerior authority"ithin the scoe o$ his 9urisdiction and issued "ith all the legal$ormalities i.e er$ectly valid

b+. Bamles: *i+ Re$usal o$ a trial court 3udge to comly "ith theorder o$ the Sureme Court to remand $or the recetion o$additional evidence *ii+ Re$usal to reinstate dismissed emloyeedesite Order o$ the Civil Service Commission *iii+ Re$usal toProclaim the "inning candidate as $ound by the Court

'. 2isobedience to the Countermanding Order o$ Suerior *Art.')'+


45/51

a+. The subordinate susended the eBecution o$ the Order o$ asuerior by as#ing $or a reconsideration but susension "asdisaroved by the suerior and still! the subordinate re$uses to

carry out the order

b+. Bamle: The Secretary o$ 3ustice reversed the Resolution o$2ismissal o$ the City Prosecutor and ordered him to %le theIn$ormation in Court. The City Prosecution initially did not carryout as he %led a reconsideration or ob9ection but "ere denied! andyet he re$uses to comly.

). 2isobedience in the $orm o$ a Re$usal o$ Assistance *Art. '))+

a+. The crime committed by a ublic ofcer "ho! uon demand$rom cometent authority! shall $ail to lend his cooerationto"ards the administration o$ 9ustice or other ublic services.

b+. The re$usal must be un9usti%ed

c+. Bamles: *i+ The Chie$ o$ Police "ho re$uses to cause theservice o$ suboena issued by the Prosecutor *ii+ a governmentdoctor "ho re$uses to testi$y as a "itness on re1uest o$ theProsecutor or the Court *iii+ A government doctor "ho re$uses toconduct antidengue vaccinations desite re1uest o$ the City&ayor

4. 2isobedience in the $orm o$ Re$usal to 2ischarge lective Ofce*Art. ')4+

a+. The crime by an elected ublic ofcial "ho shall re$use"ithout legal motives i.e valid 9usti%cation to be s"orn in or todischarge the duties o$ his ofce


46/51

b+. -e is not liable i$ his ground is due to a legal consideration!such as "hen he "as arrested $or committing an oense and isimrisoned! or suervening $actual reasons! as "hen he has to goabroad $or medical reasons

,. &altreatment o$ Prisoners >nder Article ')


47/51

d+. I$ the urose o$ the maltreatment is to comel the risoner tocon$ess to a crime or to obtain some in$ormation! the crime is1uali%ed maltreatment

e+. The term risoner is the same as in the risoner sub9ect o$In%delity i.e one by %nal 9udgment or detention risoner one "hohas already been %nger rinted and boo#ed and laced inside the

9ail

$ +. Other Related Crimes >on A Person In Police Custody

i+. Physical In9uries: i$ the erson is merely in arrest or is a susect

and is not yet a risoner and is beaten u

ii+. Slander by 2eed i$ the erson under arrest is araded "ith anote on his body saying 8I am a drug usher

iii+. Coercion i$ the urose is to comel the erson under arrestor susect to con$ess or to ma#e incriminatory admissions

C. Anticiation! Prolonging and Abandonment

=. Anticiation o$ duties *Art. ')G+: the crime by a erson "hoshall assume the er$ormance o$ the duties and o"ers o$ theublic ofce "ithout %rst being s"orn in or given bond.

'. Prolonging Per$ormance o$ duties and o"ers: *Article ')E+ the

crime committed by a ublic ofcer "ho continues to eBercise theduties and o"ers o$ his ofce beyond the eriod rovided by la"!regulations or secial rovisions alicable to the case


48/51

a+. Bercise o$ o"ers ceases uon termination o$ the %Bed termor "hen the uroses is achieved *$unctus ofcio+ or the ofce isabolished

b+. Bcet "hen the ofcer is allo"ed to continue in a hold overcaacity

). Abandonment o$ Ofce or osition: the crime committed by aublic ofcer "ho be$ore the accetance o$ his resignation! shallabandon his ofce to the detriment o$ the ublic service.

a+. It is essentially that the ofcer has %led a $ormal resignation to

the aointing o"er

b+. Resignation to be eective re1uires an intent to relin1uish theosition! the act o$ relin1uishment and the accetance by theaointing authority. -ence the resignation must be acceted!even i$ the resignation says 8ective immediately andmeantime the ofcer must continue discharging the $unctions o$his ofce

c+. I$ the ofcer simly goes AO6 "ithout %ling any $ormalresignation! he maybe held liable under the Anti Jra$t and CorrutPractices Act. This is abandonment as a ground $or dismissal butis not the crime o$ abandonment

d+ The enalty is higher i$ the urose is to avoid rosecuting oracting on a crime

2. >suration o$ Po"ers: These crimes re$er to the inter$erence byan ofcer o$ one deartment "ith the $unctions o$ the ofcials o$the other deartments o$ government in violation o$ the rincileo$ searation o$ o"ers. They are dierent $orm the crime o$>suration o$ Authority "hich is usually committed by rivateersons.


49/51

=. >suration o$ 6egislative Po"ers *Art. ')5+

a+. Committed by any eBecutive or 9udicial ofcer "ho:

*i+. ma#e general rules or regulations beyond the scoe o$ theirauthority

*ii+. attemts to reeal a la" or susend the eBecution thereo$

b+. Bamle: A &ayor "ho in the guise o$ an Administrative Order

establishes a cur$e" hour or directs the &unicial Treasurer torelease money to $und a certain ro9ect

'. >suration o$ Becutive Functions

a+. Committed only by a 3udge "ho assumes a o"er ertaining

to the eBecutive or "ho obstructs the latter in the la"$ul eBerciseo$ their o"ers.

b+ Such as acceting ofcial visitors and resenting them the #eyto the city. &aybe committed by the issuance o$ baselessin9unctions against urely administrative matters!

). >suration o$ 3udicial Functions Po"ers *Art. '4=+

a+. committed by eBecutive ofcers "ho: *i+ assumes 9udicialo"ers *ii+ obstructs eBecution o$ any order or decision renderedby any 3udge "ithin his 9urisdiction


50/51

b+. Bamle: *i+. A &ayor "ho arbitrates and decides conMictsbet"een his constituents *ii+ The &ayor sends his bodyguards andolicemen to sto the eBecution o$ a "rit o$ eBecution or reventthe service o$ "arrants

. 2isobeying Re1uest $or Inhibition *Art. '4'+

=. Committed by any ofcer "ho has been $ormally as#ed toinhibit or re$rain $rom ta#ing action uon a matter but "hocontinues "ith the roceeding a$ter having been la"$ully re1uired

to re$rain

'. The oender is an ofcer be$ore "hom there is ending a9udicial 1uasi9udicial or administrative roceeding and the issueo$ 9urisdiction * can he hear the case+ has been raised and is stillunder consideration but he continues "ith the roceeding. Thisdoes not aly "hen the ofcer is as#ed to inhibit due to ersonalbias or loss o$ trust and con%dence in him.

F. Orders or re1uest by eBecutive ofcer to any 9udicial authority* Art. '4)+

=. Crime consists o$ an eBecutive ofcer giving an order orsuggestion to any 9udicial authority in resect to any case orbusiness "ithin the eBclusive 9urisdiction o$ the 9udicial authority

'. Also unished under RA )(=5

). Bamle: Suggesting "ho to be aointed as Cler# o$ Court orho" much bail bond to re1uire or "ho to aoint as de o%ciocounsel


51/51

J. >nla"$ul Aointments * Art. '44+

=. ,y any ublic ofcer "ho shall #no"ingly nominate or aointto any ublic ofce any erson lac#ing the legal 1uali%cations

'. ,ut the mere act o$ recommending is not covered as it simlyan act o$ resenting "hereas nominating is vouching $or the1uali%cations o$ a erson

). To sto olitical atronage

crimes commited by public officers.docx

Documents