Title 7 - Public Officers 2007

Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One. Preliminary Provisions

Article 203. Who are public ofcers
Chapter Two. Maleasance an! Miseasance in Ofce
"ection One # $ereliction o !uty
Article 20%. &nowin'ly ren!erin' un(ust
(u!'ment
Article 20). *u!'ment ren!ere! throu'h
ne'li'ence
Article 20+. ,n(ust interlocutory or!er
Article 20-. Malicious $elay in the
a!ministration o (ustice
Article 20.. Prosecution o o/enses0 ne'li'ence
1 tolerance
Article 202. 3etrayal o trust by attorney #
revelation o secrets
"ection Two # 3ribery
Article 240. 3ribery
Article 244. 5n!irect bribery
Article 2446A. 7uali8e! bribery
Article 242. Corruption o public ofcials
Chapter Three. 9rau!s an! 5lle'al :;actions an!
Transactions
Article 243. 9rau!s a'ainst the public treasury
an! similar o/enses.
Article 24%. Other 9rau!s
Article 24). Prohibite! Transactions
Article 24+. Possession o prohibite! interest by
a public ofcer
Chapter 9our. Malversation o Public 9un!s or
Property

Article 24-. Malversation o public un!s
Article 24.. 9ailure o accountable ofcer to
ren!er accounts
Article 242. 9ailure o accountable ofcer to
ren!er accounts beore leavin'
the country
Article 220. 5lle'al use o public un!s or
property
Article 224. 9ailure to ma<e !elivery o public
un!s or property
Article 222. Ofcers inclu!e! in the prece!in'
provisions
Chapter 9ive. 5n8!elity o Public Ofcers
"ection One # 5n8!elity in the custo!y o prisoners
Article 223. Connivin' with or consentin' to
evasion
Article 22%. :vasion throu'h ne'li'ence
Article 22). :scape o prisoner un!er the
custo!y o a person not a
public ofcer
"ection Two # 5n8!elity in the custo!y o
!ocuments
Article 22+. =emoval> concealment> or
!estruction o !ocuments
Article 22-. Ofcer brea<in' seal
Article 22.. Openin' o close! !ocuments
"ection Three # =evelation o secrets
Article 222. =evelation o secrets by an ofcer
Article 230. Public ofcer revealin' secrets o
private in!ivi!ual
Chapter "i;. Other O/enses or 5rre'ularities by
Public Ofcers

"ection One # $isobe!ience> reusal o assistance
an! maltreatment o prisoners
Article 234. Open !isobe!ience
Article 232. $isobe!ience to or!er o superior
ofcer>
when sai! or!er was suspen!e! by inerior
ofcer
Article 233. =eusal o assistance
Article 23%. =eusal to !ischar'e elective ofce
Article 23). Maltreatment o prisoners
"ection Two # Anticipation> prolon'ation an!
aban!onment o the !uties an! powers by public
ofce
Article 23+. Anticipation o !uties o a public
ofce
Article 23-. Prolon'in' the perormance o
!uties an!
Powers
Article 23.. Aban!onment o ofce or position
"ection Three # ,surpation o powers an! unlawul
appointments
Article 232. ,surpation o le'islative powers
Article 2%0. ,surpation o e;ecutive unctions
Article 2%4. ,surpation o (u!icial unctions
Article 2%2. $isobeyin' re?uest or
!is?uali8cation
Article 2%3. Or!ers or re?uests by e;ecutive
ofcers to
any (u!icial authority
Article 2%%. ,nlawul appointments
"ection 9our # Abuses a'ainst chastity
Article 2%). Abuses a'ainst chastity 6 Penalties
Article 203. Wh !re "#$lic %cer&
=e?uisites to be a public ofcer@
4. Ta<in' part in the perormance o public
unctions in the 'overnment0
or
Perormin' in sai! 'overnment or in any o
its branches public !uties as an employee>
a'ent or subor!inate ofcial> or any ran< or
class0
2. Ais authority to ta<e part in the
perormance o public unctions or to
perorm public !uties must be 6
C2005 Criminal Law 2 Reviewer
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a. 3y !irect provision o the law0
b. 3y popular election0 or
c. 3y appointment by competent
authority.
:mbraces every public servant rom
hi'hest to lowest.
Baborer> unless temporarily perorms
unctions o a public ofcer> is not a public
ofcer.

M!l'e!&!nce !n( Mi&'e!&!nce in %ce
Mi&'e!&!nce is the improper perormance
o some act which mi'ht be lawully !one
Arts. 20%620- are miseasances on
ofce that a (u!'e can commit
M!l'e&!nce is the perormance o an act
which ou'ht not to be !one
Arts. 2406244 are maleasances in ofce
that a public ofcer can commit
)n'e!&!nce is the ommission o some
act which ou'ht to be perorme!
Art. 20. is a noneasance
Arts. 20%6202 are crimes un!er !ereliction
o !uty
Article 20*. +n,in-l. ren(er #n/#&t
/#(-0ent
4. O/en!er is a (u!'e0
2. Ae ren!ers a (u!'ment in a case
submitte! to him or !ecision0
3. *u!'ment is un(ust0
%. The (u!'e <nows that his (u!'ment is
un(ust.
,n(ust (u!'ment is the 8nal !etermination
an! consi!eration o a court o competent
(uris!iction upon the matters submitte! to
it which is contrary to law or is not
supporte! by evi!ence or both.
When ren!ere! <nowin'ly # An un(ust
(u!'ment must be ma!e !eliberately an!
maliciously Crom error> ill6will> reven'e or
briberyD0 thus no liability incurs or a mere
error in 'oo! aith.
There must be evi!ence that the (u!'e
<new that his (u!'ment is un(ust
Article 201. 2#(-0ent ren(ere( thr#-h
ne-li-ence
2. Ae ren!ers a (u!'ment in a case submitte!
to him or !ecision0
3. The (u!'ment is manifestly un(ust0
%. 5t is !ue to his inexcusable negligence or
i'norance.
Maniestly un(ust (u!'ment is one so
maniestly contrary to law that even a
person havin' a mea'er <nowle!'e o the
law cannot !oubt the in(ustice
Abuse o !iscretion or mere error o
(u!'ment without proo o ba! aith> or ill
motive or improper consi!eration is not
punishable.
Article 203. Un/#&t interlc#tr. r(er
2. Ae perorms any o the ollowin' acts@
a. &nowin'ly ren!erin' an un(ust
interlocutory or!er or !ecree0 or
b. =en!erin' a maniestly un(ust
interlocutory or!er or !ecree throu'h
ine;cusable ne'li'ence or i'norance.
5nterlocutory or!er is a court or!er
between the commencement an! the en!
o a suit or action an! which !eci!es some
point or matter but which however is not a
8nal !ecision o the matter in issue.
Article 204. M!lici#& Del!. in the
!(0ini&tr!tin ' /#&tice
2. There is a procee!in' in his court0
3. Ae !elays in the a!ministration o (ustice0
%. The !elay is malicious> that is> with
!eliberate intent to inEict !ama'e on
either party in the case. Cmalice must be
provenD
Article 205. Pr&ec#tin ' 6en&e&7
ne-li-ence 8 tler!nce 9PRE:ARICACIO);
Acts Punishable@
4. Maliciously rerainin' rom institutin'
prosecution a'ainst violators o the law0
2. Maliciously toleratin' the commission o
o/enses.
:lements o !ereliction o !uty in the
prosecution o o/enses
4. O/en!er is a "#$lic %cer r %cer '
the l!, who has a !uty to cause the
prosecution o> or to prosecute> o/enses0
2. There is a !ereliction o the !uties o his
ofce> that is> <nowin' the commission o
the crime> he !oes not cause the
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prosecution o the criminal> or <nowin' that
a crime is about to be committe!> he
tolerates its commission0
3. O/en!er acts with malice an! !eliberate
intent to avor the violator o the law.
Fe'li'ence here means the ne'lect o the
!uties o his ofce by maliciously ailin' to
move the prosecution an! punishment o
the !elin?uent. Malice is an important
element.
Ofcer o the law inclu!es all those who by
reason o the position hel! by them are
!uty boun! to cause the prosecution an!
punishment o the o/en!ers0 Public ofcer
e;ten!s to those ofcers o the
prosecution !epartment whose !uty is to
institute criminal procee!in's or elonies
upon bein' inorme! o their perpetration.
9iscal who <nows that there is sufcient
evi!ence to secure the conviction o the
accuse! but !rops the case is liable an!
punishable un!er Art. 20+. 3ut the 8scal is
un!er no compulsion to 8le the
correspon!in' complaint where he is not
convince! that the evi!ence 'athere!
woul! warrant the 8lin' o an action in
court.
Crime committe! by the law violator must
be 8rst prove! beore conviction or
!ereliction.
Biability o public ofcer who> havin' the
!uty o prosecutin' the o/en!er>
harbore!> conceale! or assiste! the
escape o the latter is that o the principal
in the crime !e8ne! an! penaliGe! un!er
Art 20.
Fot applicable to revenue ofcers
Article 20<. Betr!.!l ' tr#&t $. !ttrne.
=revel!tin ' &ecret&
Acts punishable@
4. Causin' !ama'e to his client> either6
a. 3y any malicious breach o
proessional !uty0
b. 3y ine;cusable ne'li'ence or
i'norance.
Fote@ When the attorney acts with
malicious abuse o his employment or
ine;cusable ne'li'ence or i'norance> there
must be !ama'e to his client.
2. =evealin' any o the secrets o his client
learne! by him in his proessional capacity0
Fote@ $ama'e is not necessary
3. ,n!erta<in' the !eense o the opposin'
party in the same case> without the
consent o his 8rst client> ater havin'
un!erta<en the !eense o sai! 8rst client
o ater havin' receive! con8!ential
inormation rom sai! client.
Fote@ 5 the client consents to the
attorneyHs ta<in' the !eense o the other
party> there is no crime.
There is no solicitor or procurador judicial
un!er the =ules o Court. Cprocura!or
(u!icial # a person who ha! some practical
<nowle!'e o law an! proce!ure> but not a
lawyer> an! was permitte! to represent a
party in a case beore the inerior courtsD
Article 2>0. Direct Bri$er.
Acts punishable@
4. A'reein' to perorm> or perormin'> in
consi!eration o any o/er> promise> 'it or
present 6 an act constitutin' a crime> in
connection with the perormance o his
ofcial !uties0
2. Acceptin' a 'it in consi!eration o the
e;ecution o an act which !oes not
constitute a crime> in connection with the
perormance o his ofcial !uty0
3. A'reein' to rerain> or by rerainin'> rom
!oin' somethin' which it is his ofcial !uty
to !o> in consi!eration o 'it or promise.
:lements@
4. O/en!er is a public ofcer within the scope
o Article 2030
2. O/en!er accepts an o/er or a promise or
receives a 'it or present by himsel or
throu'h another0
3. "uch o/er or promise be accepte!> or 'it
or present receive! by the public ofcer 6
a. With a view to committin' some crime0
or
b. 5n consi!eration o the e;ecution o an
act which !oes not constitute a crime>
but the act must be un(ust0 or
c. To rerain rom !oin' somethin' which
it is his ofcial !uty to !o.
%. The act which o/en!er a'rees to
perorm or which he e;ecutes be
connecte! with the perormance o his
ofcial !uties.
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9or the purpose o punishin' bribery> the
temporary perormance o public unctions
is sufcient to constitute a person a public
ofcer.
The provisions o this article are ma!e
applicable to assessors> arbitrators>
appraisal an! claim commissioners>
e;perts or any other persons perormin'
public !uties.
Iit is either voluntarily o/ere! by a private
person or solicite! by the public ofcer> it
may be receive! personally or thru
interme!iary.
Iit or present nee! not actually be
receive! by the public ofcer> as an
accepte! o/er or promise o 'it is
sufcient.
5 there is only an o/er o 'it or promise to
'ive somethin'> the o/er or promise must
be accepte! by the public ofcer to be
liable un!er this article. 5 not accepte!>
only the person o/erin' is liable un!er
Article 242.
5t must be o some value or capable o
pecuniary estimation.
A promise to 'ive 'it to> an! a promise to
commit an unlawul act by> a public ofcer
will be sufcient un!er Art. 240 J4K
$irect bribery un!er Art.240 J2K has the
same elements as Art 240 J4K but act
inten!e! by public ofcer !oes not amount
to a crime.
$irect bribery un!er Art 240 J2K acceptance
o the 'it an! the accomplishment o act is
necessary.
The commission o Art 240 J3K is by
rerainin' rom !oin' somethin' which
pertains to a public ofcerHs ofcial !uty.
Prevaricacion CArt 20.D is committe! the
same way. 3ut they !i/er in that in A=T.
240 J3K the o/en!er reraine! rom !oin'
his ofcial !uty in consi!eration o a 'it
receive! or promise!. This is not necessary
in Art. 20..
Manipon vs. Sandiganbayan
Manipon, a deputy sheriff assigned to execute the decision
of the labor arbiter ordering Harry Dominguez, a building
contractor to pay the balance of their work contract. He
sent a notice to the Comtrust Bank in Baguio City
garnishing the bank accounts of Dominguez. he bank
agreed to hold the accounts. !ater on Dominguez sought
Manipon"s help in the withdrawal of the garnished account.
Manipon told Dominguez that he #can remedy the
withdrawal so they will ha$e something for the %ew &ear.#
Dominguez interpreted this to mean that Manipon would
withdraw the garnished amount for a consideration.
Manipon contends that the 'andiganbayan erred in
con$icting him of direct bribery, in not gi$ing credence to
the defense theory that there was no$ation of the money
(udgment.
H)!D* +t is $ery strange indeed that for such an important
agreement that would be a final (udgment, no one took the
bother of putting it down or paper. ,f course Manipon
would ha$e us belie$e that there was no need for it
because he trusted Dominguez and abek.
-nd yet did he not also claim that Dominguez had framed
him up because of a grudge. -nd if there was really an
agreement to alter the (udgment, why did he not inform
the labor arbiter about it considering that it was the labor
arbiter who had issued the order of execution. Manipon
could not gi$e satisfactory explanations because there was
no such agreement in the first place.
Dacmos vs. Sandiganbayan
Dacumos was a B+/ re$enue examiner when he offered to
settle the tax liability of /. /e$illa +nteriors by pulling out
its assessments papers from the office of the B+/
Commissioner and procuring a tax clearance. 0or such
ser$ice, he would re1uire a fee of 234,555.55. 'amia, the
manager of the firm, pretended to go along with him but
reported the matter to the %ational Bureau of
+n$estigation, which arranged an entrapment. Dacumos
was caught and con$icted of direct bribery. He argues that
he could not ha$e promised to remo$e the assessment
papers from the Commissioner"s office as he had no access
to that place.
H)!D* he implausibility of his promises does not mean
they were not made or that they did not appear to be
credible, coming as they did from one with his long
experience in the B+/ and appeared to know his way
around. he Court finds it especially remarkable that he
met 'amia at a pri$ate place instead of his office at the
B+/, considering that they were supposed to be discussing
official business and it was 'amia who he says was
re1uesting his assistance. he Court is not inclined to
belie$e that 'amia would be so $indicti$e as to falsely
incriminate the petitioner with the serious charge of
bribery simply because the petitioner refused to reduce the
tax assessment of /. /e$illa +nteriors. 'amia was not e$en
directly in$ol$ed in the assessment.
Article 2>>. In(irect Bri$er.
:lements@
4. O/en!er is a public ofcer0
2. Ae accepts 'its0
3. The 'its are o/ere! to him by reason o his
ofce.
Iit is usually 'iven to the public ofcer in
anticipation o uture avor rom the public
ofcer
:ssential to Art. 244 is that the public
ofcer must have accepte! the 'it or
material consi!eration0 that is> the public
ofcer too< the 'it o/ere! an! consi!ere!
it as his personal property.
6!
There is no attempte! or rustrate! in!irect
bribery
5n!irect bribery is !i/erent rom !irect
bribery un!er Art 240 J2K in that the ormer
the act e;ecute! was not un(ust while the
ormer re?uires that the act be un(ust
Criminal penalty o imprisonment is !istinct
rom the a!ministrative penalty o
separation rom (u!icial service.
Direct $ri$er. In(irect $ri$er.
The public ofcer receives a 'it
There is an a'reement
between the ofcer an!
the 'it6'iver
There is no such
a'reement
The o/en!er a'rees to
perorm an act or
rerains rom !oin'
somethin' because o
the 'it or promise
5t is unnecessary that the
o/en!er shoul! !o or
promise any act as it is
enou'h that he accepte!
the 'it by reason o his
ofce
Pre&i(enti!l Decree ). *3
MA+I)? IT PU)IS@ABLE FOR PUBLIC OFFICIALS
A)D EMPLOYEES TO RECEI:EA A)D FOR
PRI:ATE PERSO)S TO ?I:EA ?IFTS O) A)Y
OCCASIO)A I)CLUDI)? C@RISTMAS
any public ofcial or employee>
whether o the national or local 'overnments>
to receive> !irectly or in!irectly>
an! or private persons
to 'ive> or o/er to 'ive> any 'it> present or other
valuable thin' to any occasion> inclu!in'
Christmas>
when such 'it> present or other valuable thin' is
'iven by reason o his ofcial position>
re'ar!less o whether or not the same is or past
avor or avors or the 'iver hopes or e;pects to
receive a avor or better treatment in the uture
rom the public ofcial or employee concerne! in
the !ischar'e o his ofcial unctions.
5nclu!e! within the prohibition is the throwin' o
parties or entertainments in honor o the ofcial
or employees or his imme!iate relatives.
Article 2>>=A. B#!liCe( Bri$er.
:lements@
4. O/en!er is a public ofcer entruste! with
law enorcement0
2. Ae rerains rom arrestin' or prosecutin'
an o/en!er who has committe! a crime0
3. O/en!er has committe! a crime
punishable by reclusion perpetua an!Lor
!eath0
%. O/en!er rerains rom arrestin' or
prosecutin' in consi!eration o any o/er>
promise> 'it> or present.
Penalty is increase! i the
public ofcer as<s or !eman!s such 'it or
present.
Article 2>2. Crr#"tin $. "#$lic %ci!l&
:lements@
4. O/en!er ma<es o/ers or promises or 'ives
'its or presents to a public ofcer0
2. The o/ers or promises are ma!e or the
'its or presents 'iven to a public ofcer>
un!er circumstances that will ma<e the
public ofcer liable or !irect bribery or
in!irect bribery.
The o/en!er in Art. 242 is the 'it6'iver or
o/eror o promise> even i the 'it was
!eman!e! by the public ofcer an! the
o/er was not ma!e voluntarily prior to sai!
!eman!0 public ofcer is not liable unless
he accepts the 'it or consents to the
promise
PRESIDE)TIAL DECREE )O. 4*<
?r!ntin- I00#nit. Fr0 Pr&ec#tin T ?iver&
O' Bri$e& An( Other ?i't& An( T Their
Acc0"lice& In Bri$er. An( Other ?r!'t C!&e&
A-!in&t P#$lic O%cer&
Wh 0!. $e -r!nte( i00#nit. #n(er the ActD
4. Any person who voluntarily -ive& in'r0!tin
about any violation o@
- =PC 240 C$irect 3riberyD> 244 C5n!irect
3riberyD> an! 242 CCorruption o public
ofcialsD0
- =A 3042
- "ec 3%) o the F5=C
- "ec 3+0% o the Tari/ an! Customs Co!e
- other provisions o the sai! Co!es
penaliGin' abuse or !ishonesty on the part
o the public ofcials concerne!0 an! other
laws> rules an! re'ulations punishin' acts o
'rat> corruption an! other orms o ofcial
abuse0
2. AF$ who ,illin-l. te&tiCe& a'ainst any public
ofcial or employee or such violation
Mshall be e;empt rom prosecution or punishment
or the o/ense with reerence to which his
inormation an! testimony were 'iven> an! may
plea! or prove the 'ivin' o such inormation an!
testimony in bar o such prosecution.
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:N:F 59 #
- the case where the inormation an!
testimony are 'iven is a'ainst a person who
is not a public ofcial but who is a principal>
or accomplice> or accessory in the
commission o any o the above6mentione!
violations0 or
- it is the inormant who o/ere! or 'ave the
bribe or 'it to the public ofcial or his
accomplice or such 'it or bribe6'ivin'.
Wh!t !re the cn(itin& 'r i00#nit.D
4. The inormation must reer to consummate!
violations o any o the above6mentione! provisions
o law> rules an! re'ulations0
2. The inormation an! testimony are necessary or
the conviction o the accuse! public ofcer0
3. "uch inormation an! testimony are not yet in the
possession o the "tate0
%. "uch inormation an! testimony can be
corroborate! on its material points0 an!
). The inormant or witness has not been previously
convicte! o a crime involvin' moral turpitu!e.
When ,ill i00#nit. )OT !tt!chD
6 5 it shoul! turn out subse?uently that the
inormation an!Lor testimony C4D is alse an!
malicious or C2D ma!e only or the purpose o
harassin'> molestin' or in any way pre(u!icin' the
public ofcer !enounce!
Re"#$lic Act ). 30><
Anti=?r!'t !n( Crr#"t Pr!ctice& Act
Sec. 2. $e8nition o terms. 6 As use! in this Act>
that term

CbD OPublic ofcerO inclu!es elective an! appointive
ofcials an! employees> permanent or
temporary> whether in the classi8e! or
unclassi8e! or e;empt service receivin'
compensation> even nominal> rom the
'overnment as !e8ne! in the prece!in'
subpara'raph.
CcD O=eceivin' any 'itO inclu!es the act o acceptin'
!irectly or in!irectly a 'it rom a person other
than a member o the public ofcerPs imme!iate
amily> in behal o himsel or o any member o
his amily or relative within the ourth civil
!e'ree> either by consan'uinity or afnity> even
on the occasion o a amily celebration or
national estivity li<e Christmas> i the value o
the 'it is un!er the circumstances maniestly
e;cessive.
C!D OPersonO inclu!es natural an! (uri!ical persons>
unless the conte;t in!icates otherwise.
Sec. 3. Crr#"t "r!ctice& ' "#$lic %cer&. 6 5n
a!!ition to acts or omissions o public ofcers
alrea!y penaliGe! by e;istin' law> the ollowin' shall
constitute corrupt practices o any public ofcer an!
are hereby !eclare! to be unlawul@
CaD Persua!in'> in!ucin' or inEuencin' another
public ofcer to perorm an act constitutin' a
violation o rules an! re'ulations !uly
promul'ate! by competent authority or an
o/ense in connection with the ofcial !uties o
the latter> or allowin' himsel to be persua!e!>
in!uce!> or inEuence! to commit such violation
or o/ense.
CbD $irectly or in!irectly re?uestin' or receivin' any
'it> present> share> percenta'e> or bene8t> or
himsel or or any other person> in connection
with any contract or transaction between the
Iovernment an! any other part> wherein the
public ofcer in his ofcial capacity has to
intervene un!er the law.
CcD $irectly or in!irectly re?uestin' or receivin' any
'it> present or other pecuniary or material
bene8t> or himsel or or another> rom any
person or whom the public ofcer> in any
manner or capacity> has secure! or obtaine!> or
will secure or obtain> any Iovernment permit or
license> in consi!eration or the help 'iven or to
be 'iven> without pre(u!ice to "ection thirteen o
this Act.
C!D Acceptin' or havin' any member o his amily
accept employment in a private enterprise which
has pen!in' ofcial business with him !urin' the
pen!ency thereo or within one year ater its
termination.
CeD Causin' any un!ue in(ury to any party> inclu!in'
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the Iovernment> or 'ivin' any private party any
unwarrante! bene8ts> a!vanta'e or preerence
in the !ischar'e o his ofcial a!ministrative or
(u!icial unctions throu'h maniest partiality>
evi!ent ba! aith or 'ross ine;cusable
ne'li'ence. This provision shall apply to ofcers
an! employees o ofces or 'overnment
corporations char'e! with the 'rant o licenses
or permits or other concessions.
CD Fe'lectin' or reusin'> ater !ue !eman! or
re?uest> without sufcient (usti8cation> to act
within a reasonable time on any matter pen!in'
beore him or the purpose o obtainin'> !irectly
or in!irectly> rom any person intereste! in the
matter some pecuniary or material bene8t or
a!vanta'e> or or the purpose o avorin' his
own interest or 'ivin' un!ue a!vanta'e in avor
o or !iscriminatin' a'ainst any other intereste!
party.
C'D :nterin'> on behal o the Iovernment> into any
contract or transaction maniestly an! 'rossly
!isa!vanta'eous to the same> whether or not
the public ofcer pro8te! or will pro8t thereby.
ChD $irector or in!irectly havin' 8nancin' or
pecuniary interest in any business> contract or
transaction in connection with which he
intervenes or ta<es part in his ofcial capacity>
or in which he is prohibite! by the Constitution
or by any law rom havin' any interest.
CiD $irectly or in!irectly becomin' intereste!> or
personal 'ain> or havin' a material interest in
any transaction or act re?uirin' the approval o a
boar!> panel or 'roup o which he is a member>
an! which e;ercises !iscretion in such approval>
even i he votes a'ainst the same or !oes not
participate in the action o the boar!>
committee> panel or 'roup.
4. 5nterest or personal 'ain shall be presume! a'ainst
those public ofcers responsible or the approval
o maniestly unlawul> ine?uitable> or irre'ular
transaction or acts by the boar!> panel or 'roup
to which they belon'.
C(D &nowin'ly approvin' or 'rantin' any license>
permit> privile'e or bene8t in avor o any
person not ?uali8e! or or not le'ally entitle! to
such license> permit> privile'e or a!vanta'e> or
o a mere representative or !ummy o one who
is not so ?uali8e! or entitle!.
C<D $ivul'in' valuable inormation o a con8!ential
character> ac?uire! by his ofce or by him on
account o his ofcial position to unauthoriGe!
persons> or releasin' such inormation in
a!vance o its authoriGe! release !ate.
The person 'ivin' the 'it> present> share>
percenta'e or bene8t reerre! to in
subpara'raphs CbD an! CcD0 or o/erin' or 'ivin'
to the public ofcer the employment mentione!
in subpara'raph C!D0 or ur'in' the !ivul'in' or
untimely release o the con8!ential inormation
reerre! to in subpara'raph C<D o this section
shall> to'ether with the o/en!in' public ofcer>
be punishe! un!er "ection nine o this Act an!
shall be permanently or temporarily !is?uali8e!
in the !iscretion o the Court> rom transactin'
business in any orm with the Iovernment.
Sec. *. Prhi$itin n "riv!te in(ivi(#!l&. #
aD 5t shall be unlawul or any person havin' amily
or close personal relation with any public ofcial
to capitaliGe or e;ploit or ta<e a!vanta'e o such
amily or close personal relation by !irectly or
in!irectly re?uestin' or receivin' any present>
'it or material or pecuniary a!vanta'e rom any
other person havin' some business> transaction>
application> re?uest or contract with the
'overnment> in which such public ofcial has to
intervene. 9amily relation shall inclu!e the
spouse or relatives by consan'uinity or afnity in
the thir! civil !e'ree. The wor! Oclose personal
relationO shall inclu!e close personal rien!ship>
social an! raternal connections> an!
proessional employment all 'ivin' rise to
intimacy which assures ree access to such
public ofcer.
bD 5t shall be unlawul or any person <nowin'ly to
in!uce or cause any public ofcial to commit any
o the o/enses !e8ne! in "ection 3 hereo.
Sec. 1. Prhi$itin n cert!in rel!tive&. 6 5t shall
be unlawul or the spouse or or any relative> by
consan'uinity or afnity> within the thir! civil !e'ree>
o the Presi!ent o the Philippines> the Nice6Presi!ent
o the Philippines> the Presi!ent o the "enate> or the
"pea<er o the Aouse o =epresentatives> to
intervene> !irectly or in!irectly> in any business>
transaction> contract or application with the
Iovernment@ Provi!e!> That this section shall not
apply to any person who> prior to the assumption o
ofce o any o the above ofcials to whom he is
relate!> has been alrea!y !ealin' with the
Iovernment alon' the same line o business> nor to
any transaction> contract or application alrea!y
e;istin' or pen!in' at the time o such assumption o
public ofce> nor to any application 8le! by him the
approval o which is not !iscretionary on the part o
the ofcial or ofcials concerne! but !epen!s upon
compliance with re?uisites provi!e! by law> or rules
or re'ulations issue! pursuant to law> nor to any act
lawully perorme! in an ofcial capacity or in the
e;ercise o a proession.
Sec. 4. St!te0ent ' A&&et& !n( li!$ilitie& #
:very public ofcer within 30 !ays ater assumin'
ofce> an! thereater> on or beore the 4)
th
!ay o
April ollowin' the close o every calen!ar year> as
well as upon resi'nation or separation rom ofce>
shall prepare an! 8le with the ofce o the
correspon!in' !epartment hea!> or in the case o a
Aea! o $epartment or a Chie o an in!epen!ent
ofce> with the Ofce o the Presi!ent> a true>
!etaile! an! sworn statement o assets an!
liabilities> inclu!in' a statement o the amounts an!
sources o his income ta;es pai! or the ne;t
prece!in' calen!ar year. Provi!e!> that public
ofcers assumin' ofce less than two months beore
the en! o the calen!ar year> may 8le their 8rst
statement on or beore the 4)
th
!ay o April ollowin'
6"
the close o the sai! calen!ar year.
Sec. >>. Pre&cri"tin ' 6en&e&. # All o/enses
punishable un!er this act shall prescribe in 4) years.
Sec. >*.:;ception. 6 ,nsolicite! 'its or presents o
small or insi'ni8cant value o/ere! or 'iven as a
mere or!inary to<en o 'ratitu!e or rien!ship
accor!in' to local customs or usa'e> shall be
e;cepte! rom the provisions o this Act.
Fothin' in this Act shall be interprete! to pre(u!ice or
prohibit the practice o any proession> lawul tra!e
or occupation by any private person or by any public
ofcer who un!er the law may le'itimately practice
his proession> tra!e or occupation> !urin' his
incumbency> e;cept where the practice o such
proession> tra!e or occupation involves conspiracy
with any other person or public ofcial to commit any
o the violations penaliGe! in this Act.
RA >34<
FORFEITURE I) FA:OR OF T@E STATE OF A)Y
PROPERTY FOU)D TO @A:E BEE) U)LAWFULLY
ACBUIRED BY A)Y PUBLIC OFFICER OR
EMPLOYEE 9><11;
":CT5OF 4. $e8nitions.
CaD 9or the purposes o this Act> a Opublic ofcer or
employeeO means any person hol!in' any public
ofce or employment by virtue o an
appointment> election or contract> an! any
person hol!in' any ofce or employment> by
appointment or contract> in any "tate owne! or
controlle! corporation or enterprise.
CbD OOther le'itimately ac?uire! propertyO means
any real or personal property> money or
securities which the respon!ent has at any time
ac?uire! by inheritance an! the income thereo>
or by 'it inter vivos beore his becomin' a
public ofcer or employee> or any property Cor
income thereoD alrea!y pertainin' to him when
he ?uali8e! or public ofce or employment> or
the ruits an! income o the e;clusive property
o the respon!entPs spouse. 5t shall not inclu!e@
4. Property unlawully ac?uire! by the
respon!ent> but its ownership is conceale! by its
bein' recor!e! in the name o> or hel! by> the
respon!entPs spouse> ascen!ants> !escen!ants>
relatives> or any other person.
2. Property unlawully ac?uire! by the
respon!ent> but transerre! by him to another person
or persons on or ater the e/ectivity o this Act.
3. Property !onate! to the respon!ent
!urin' his incumbency> unless he can prove to the
satisaction o the court that the !onation is lawul.
":CT5OF 2. 9ilin' o petition. Q Whenever any public
ofcer or employee has ac?uire! !urin' his
incumbency an amount o property which is
maniestly out o proportion to his salary as such
public ofcer or employee an! to his other lawul
income an! the income rom le'itimately ac?uire!
property> sai! property shall be presume! prima
facie to have been unlawully ac?uire!.
":CT5OF 44. Baws on prescription. 6 The laws
concernin' ac?uisitive prescription an! limitation o
actions cannot be invo<e! by> nor shall they bene8t
the respon!ent> in respect o any property unlawully
ac?uire! by him.
":CT5OF 42. Penalties. Q Any public ofcer or
employee who shall> ater the e/ective !ate o this
Act> transer or convey any unlawully ac?uire!
property shall be represse! with imprisonment or a
term not e;cee!in' ) years> or a 8ne not e;cee!in'
P40>000> or both such imprisonment an! 8ne. The
same repression shall be impose! upon any person
who shall <nowin'ly accept such transer or
conveyance.
R.A. 34>3
C(e ' Cn(#ct !n( Ethic!l St!n(!r(&
'r P#$lic O%ci!l& !n( E0"l.ee&
Wh!t !re Prhi$ite( Act& !n( Tr!n&!ctin&D
5n a!!ition to acts an! omissions o public ofcials
an! employees now prescribe! in the Constitution
an! e;istin' laws> the ollowin' shall constitute
prohibite! acts an! transactions o any public ofcial
an! employee an! are hereby !eclare! to be
unlawul@
CaD 9inancial an! material interest in any transaction
re?uirin' the approval o their ofce.
CbD Public ofcials an! employees !urin' their
incumbency shall not@
a. Own> control> mana'e or accept
employment as ofcer> employee> consultant>
counsel> bro<er> a'ent> trustee or nominee in
any private enterprise re'ulate!> supervise! or
license! by their ofce unless e;pressly allowe!
by law0
b. :n'a'e in the private practice o their
proession unless authoriGe! by the Constitution
or law> provi!e!> that such practice will not
conEict or ten! to conEict with their ofcial
unctions0 or
c. =ecommen! any person to any position in a
private enterprise which has a re'ular or
pen!in' ofcial transaction with their ofce.
These prohibitions shall continue to apply or a
perio! o one C4D year ater resi'nation> retirement>
or separation rom public ofce> e;cept in the case o
subpara'raph CbD C2D above> but the proessional
concerne! cannot practice his proession in
connection with any matter beore the ofce he use!
to be with> in which case the one6year prohibition
shall li<ewise apply.
CcD Public ofcials an! employees shall not
use or !ivul'e> con8!ential or classi8e!
inormation ofcially <nown to them by reason o
6#
their ofce an! not ma!e available to the public>
either C4DTo urther their private interests> or
'ive un!ue a!vanta'e to anyone0 or C2DTo
pre(u!ice the public interest.
C!D Public ofcials an! employees shall not
solicit or accept> !irectly or in!irectly> any 'it>
'ratuity> avor> entertainment> loan or anythin'
o monetary value rom any person in the course
o their ofcial !uties or in connection with any
operation bein' re'ulate! by> or any transaction
which may be a/ecte! by the unctions o their
ofce.
As to 'its or 'rants rom orei'n 'overnments> the
Con'ress consents to@
CiD The acceptance an! retention by a
public ofcial or employee o a 'it o nominal
value ten!ere! an! receive! as a souvenir or
mar< o courtesy0
CiiD The acceptance by a public ofcial or
employee o a 'it in the nature o a scholarship
or ellowship 'rant or me!ical treatment0 or
CiiiD The acceptance by a public ofcial or
employee o travel 'rants or e;penses or travel
ta<in' place entirely outsi!e the Philippine Csuch
as allowances> transportation> oo!> an! lo!'in'D
o more than nominal value i such acceptance is
appropriate or consistent with the interests o
the Philippines> an! permitte! by the hea! o
ofce> branch or a'ency to which he belon's.
The Ombu!sman shall prescribe such re'ulations as
may be necessary to carry out the purpose o this
subsection> inclu!in' pertinent reportin' an!
!isclosure re?uirements.
Fothin' in this Act shall be construe! to restrict or
prohibit any e!ucational> scienti8c or cultural
e;chan'e pro'rams sub(ect to national security
re?uirements.
Pen!ltie& i0"&e(

CaD Any public ofcial or
employee> re'ar!less o whether or not he hol!s
ofce or employment in a casual> temporary>
hol!over> permanent or re'ular capacity>
committin' any violation o this Act shall be
punishe! with ! Cne nt eEcee(in- the
eF#iv!lent ' &iE 93; 0nth&G &!l!r. r
&#&"en&in nt eEcee(in- ne 9>; .e!rA r
re0v!l (e"en(in- n the -r!vit. ' the
6en&e !'ter (#e ntice !n( he!rin- $. the
!""r"ri!te $(. r !-enc.. 5 the violation is
punishable by a heavier penalty un!er another
law> he shall be prosecute! un!er the latter
statute. Niolations o "ections -> . or 2 o this
Act shall be punishable with i0"ri&n0ent nt
eEcee(in- Cve 91; .e!r&A r ! Cne nt
eEcee(in- Cve th#&!n( "e&& 9P1A000;A r
$thA an!> in the !iscretion o the court o
competent (uris!iction> (i&F#!liCc!tin t
hl( "#$lic %ce.
CbD Any violation hereo
proven in a proper a!ministrative procee!in'
shall be sufcient cause or re0v!l r
(i&0i&&!l o a public ofcial or employee> even
i no criminal prosecution is institute! a'ainst
him.
CcD Private in!ivi!uals who
participate in conspiracy as co6principals>
accomplices or accessories> with public ofcials
or employees> in violation o this Act> shall be
sub(ect to the same penal liabilities as the public
ofcials or employees an! shall be trie! (ointly
with them.
C!D The ofcial or employee
concerne! may brin' an action a'ainst any
person who obtains or uses a report or any
purpose prohibite! by "ection . C$D o this Act.
The Court in which such action is brou'ht may
assess a'ainst such person a "en!lt. in !n.
!0#nt not to e;cee! twenty68ve thousan!
pesos CP2)>000D. 5 another sanction hereun!er
or un!er any other law is heavier> the latter shall
apply.
Mor$e vs. M%c
+ssue* 6hether /- 3578 sec 9 was unconstitutional
H)!D* %o. he -nti: ;raft -ct of 78<5 was aimed at
curtailing and minimizing the opportunities for official
corruption and maintaining a standard of honesty in the
public ser$ice. +t is intended to further promote morality in
public administration. - public office must indeed be a
public trust. %obody can ca$il at its ob(ecti$e= the goal to
be pursued commands the assent of all. he conditions
then pre$ailing called for norms of such character. he
times demanded such a remedial de$ice. By the pro$isions
of the challenged section, it becomes much more difficult
by those disposed to take ad$antage of their position to
commit acts of graft and corruption. 6hile in the
attainment of such public good, no infringement of
constitutional rights is permissible, there must be a
showing, clear, categorical, and undeniable, that what the
Constitution condemns, the statute allows.
+t would be to dwell in the realm of abstractions
and to ignore the harsh and compelling realities of public
ser$ice with its e$er:present temptation to heed the call of
greed and a$arice to condemn as arbitrary and oppressi$e a
re1uirement as that imposed on public officials and
employees to file such sworn statement of assets and
liabilities e$ery two years after ha$ing done so upon
assuming office. he due process clause is not susceptible
to such a reproach. here was therefore no
unconstitutional exercise of police power.
&arava%a vs. Sandiganbayan
>ara$ata was an asst. principal when he informed the
classroom teachers of the appro$al of the release of their
salary differentials and to facilitate its payment accused
and the classroom teachers agreed that accused follow:up
the papers in Manila with the obligation on the part of the
classroom teachers to reimburse the accused of his
expenses. He did incur expenses in the amount of 23< for
each of the < teachers. he teachers actually recei$ed
their salary differentials and pursuant to said agreement,
they, with the exception of ? teachers, ga$e the accused
$arying amounts but as the administrator did not appro$e
6'
it, he ordered the >ara$ata to return the money gi$en to
him which he complied. >ara$ata was charged and
con$icted under /- 3578 ')C 3@bA
H)!D* >ara$ata was not in $iolation of /- 3578 'ec 3@bA.
'ec. 3@bA of /.-. %o. 3578, refers to a public officer whose
official inter$ention is re1uired by law in a contract or
transaction.
here is no law which in$ests the petitioner with
the power to inter$ene in the payment of the salary
differentials of the complainants or anyone for that matter.
0ar from exercising any power, the petitioner played the
humble role of a supplicant whose mission was to expedite
payment of the salary differentials. +n his official capacity
as assistant principal, he is not re1uired by law to
inter$ene in the payment of the salary differentials.
-ccordingly, he cannot be said to ha$e $iolated the law
afore:cited although he exerted efforts to facilitate the
payment of the salary differentials.
(ries%e vs. Sandiganbayan
Mayor rieste had been charged and con$icted for 7?
$iolations of /- 3578 'ec 3 @hA for the purchases of
construction materials by his municipality from a company
of which he is allegedly the president.
H)!D* %o $iolation. 2etitioner has di$ested his interest
with the company. 2etitioner established that before he
assumed office as mayor he had already sold his shares of
the company to his sister. he sale was made by
corresponding indorsements to her stock certificate which
was duly recorded in the stock and transfer book of
the corporation.
+n as much as reasurer Bega signed and paid the
$ouchers after the materials were deli$ered, petitioner"s
signature on the $ouchers after payment is not, we submit,
the kind of inter$ention contemplated under 'ection 3@hA
of the anti:graft law is the actual inter$ention in the
transaction in which one has financial or pecuniary interest
in order that liability may attach. he official need not
dispose his shares in the corporation as long as he does not
do anything for the firm in its contract with the office. 0or
the law aims to pre$ent the dominant use of influence,
authority and power.
here is absolutely no e$idence that petitioner had, in his
capacity as Mayor, used his influence, power, and authority
in ha$ing the transactions gi$en to rigen.
Me)orada vs. Sandiganbayan
Me(orada was a right:of:way agent with D26H. 2etitioner
contacted the persons affected by the widening of the road
and informed them that he could work out their claims for
payment of the $alues of their lots andCor impro$ements
affected by the widening of said highway. hey were paid
more than what was the $alue of their property. /ight after
the claimants had recei$ed the proceeds of their checks,
accused accompanied them to his car where they were
di$ested of the amounts paid to them. -ll the claimants
were helpless to complaint because they were afraid of the
accused and his armed companion.
2etitioner contends that the eight informations
filed against him before the 'andiganbayan are fatally
defecti$e in that it failed to allege the essential ingredients
or elements constituting the offense penalized by 'ection
3@eA of /ep. -ct %o. 3578.
H)!D* 'ection 3Ds reference to #any public officer# is
without distinction or 1ualification and it specifies the acts
declared unlawful. he last sentence of paragraph @eA is
intended to make clear the inclusion of officers and
employees of officers or go$ernment corporations, which,
under the ordinary concept of #public officers# may not
come within the term. +t is a strained construction of the
pro$ision to read it as applying exclusi$ely to public
officers charged with the duty of granting licenses or
permits or other concessions.
he go$ernment suffered undue in(ury as a result of his
inflating the true claims of complainants which e$entually
became the basis of payment. His contention that he had
no participation is belied by the fact that as a right:of:way:
agent, his duty was precisely to negotiate with property
owners who are affected by highway constructions for the
purpose of compensating them.
,n the part of the complainants, the in(ury
caused to them consists in their being di$ested of a large
proportion of their claims and recei$ing payment in an
amount e$en lower than the actual damage they incurred.
hey were depri$ed of the (ust compensation to which they
are entitled.
Plunder
REPUBLIC ACT ). 4050
A) ACT DEFI)I)? A)D PE)ALIHI)?
T@E CRIME OF PLU)DER
IIll=-tten ,e!lthJ 66 means any asset> property>
business enterprise or material possession o any
person within the purview o "ection 2 ac?uire! by
him directly or indirectly throu'h !ummies>
nominees> a'ents> subor!inates an!Lor business
associates by any combination or series o the
ollowin' means or similar schemes@
4D Throu'h misappropriation> conversion>
misuse> or malversation o public un!s or
rai!s on the public treasury0
2D 3y receivin'> !irectly or in!irectly> any
commission> 'it> share> percenta'e>
<ic<bac<s or any other orm o pecuniary
bene8t rom any person an!Lor entity in
connection with any 'overnment contract or
pro(ect or by reason o the ofce or position
o the public ofcer concerne!0
3D 3y the ille'al or rau!ulent conveyance or
!isposition o assets belon'in' to the
Fational Iovernment or any o its
sub!ivisions> a'encies or instrumentalities
or 'overnment6owne! or 6controlle!
corporations an! their subsi!iaries0
%D 3y obtainin'> receivin' or acceptin' !irectly
"0
or in!irectly any shares o stoc<> e?uity or
any other orm o interest or participation
inclu!in' promise o uture employment in
any business enterprise or un!erta<in'0
)D 3y establishin' a'ricultural> in!ustrial or
commercial monopolies or other
combinations an!Lor implementation o
!ecrees an! or!ers inten!e! to bene8t
particular persons or special interests0 or
+D 3y ta<in' un!ue a!vanta'e o ofcial
position> authority> relationship> connection
or inEuence to un(ustly enrich himsel or
themselves at the e;pense an! to the
!ama'e an! pre(u!ice o the 9ilipino people
an! the =epublic o the Philippines.
Who are 'uilty o plun!erR
aD any public ofcer who> by himsel or in
connivance with members o his amily>
relatives by afnity or consan'uinity>
business associates> subor!inates or other
personsA !0!&&e&A !cc#0#l!te& r
!cF#ire& ill=-tten ,e!lth thr#-h !
c0$in!tin r &erie& ' vert r
cri0in!l !ct&> in the aggregate amount or
total value of at least Seventy-fve million
pesos (P75,,!"
bD any person who participate! with sai! public
ofcer in the commission o plun!er shall be
punishe! by lie imprisonment with
perpetual absolute !is?uali8cation rom
hol!in' any public ofce.
Who has (uris!ictionR 66 all prosecutions un!er this
Act shall be within the ri-in!l /#ri&(ictin ' the
S!n(i-!n$!.!n.
Aow prove!R 66 9or purposes o establishin' the
crime o plun!er> it shall not be necessary to prove
each an! every criminal act !one by the accuse! in
urtherance o the scheme or conspiracy to amass>
accumulate or ac?uire ill6'otten wealth> it bein'
sufcient to establish beyon! reasonable !oubt !
"!ttern ' vert r cri0in!l !ct& in(ic!tive '
the ver!ll #nl!,'#l &che0e r cn&"ir!c..
Prescription 66 The crime punishable un!er this Act
shall prescribe in t,ent. 920; .e!r&. Aowever> the
ri'ht o the "tate to recover properties unlawully
ac?uire! by public ofcers rom them or rom their
nominees or transerees &h!ll nt $e $!rre( $.
"re&cri"tinA l!che&A r e&t""el.
Article 2>3. Fr!#(& !-!in&t the "#$lic
tre!&#r.
Acts punishable@
4. :nterin' into an a'reement with any
intereste! party or speculator or ma<in'
use o any other scheme> to !erau! the
'overnment> in !ealin' with any person
with re'ar! to urnishin' supplies> the
ma<in' o contracts> or the a!(ustment or
settlement o accounts relatin' to public
property or un!s0
2. $eman!in'> !irectly or in!irectly> the
payment o sums !i/erent rom or lar'er
than those authoriGe! by law> in collection
o ta;es> licenses> ees> an! other imposts0
3. 9ailin' voluntarily to issue a receipt> as
provi!e! by law> or any sum o money
collecte! by him ofcially> in the collection
o ta;es> licenses> ees> an! other imposts0
%. Collectin' or receivin'> !irectly or
in!irectly> by way o payment or otherwise>
thin's or ob(ects o a nature !i/erent rom
that provi!e! by law> in the collection o
ta;es> licenses> ees> an! other imposts.
:lements o rau!s a'ainst public treasury
un!er para'raph 4
2. Ae has ta<en a!vanta'e o his ofce> that
is> he intervene! in the transaction in his
ofcial capacity0
3. Ae entere! into an a'reement with any
intereste! party or speculator or ma!e use
o any other scheme with re'ar! to
urnishin' supplies> the ma<in' o
contracts> or the a!(ustment or settlement
o accounts relatin' to public property or
un!s0
%. Ae ha! intent to !erau! the 'overnment.
Public ofcer must act in his ofcial
capacity
Crime o rau!s a'ainst public treasury is
consummate! by merely enterin' into an
a'reement with any intereste! party or
speculator or by merely ma<in' use o any
other scheme to !erau! Iovernment.
:lements o ille'al e;actions un!er para'raph
2
4. O/en!er is a public ofcer entruste! with
the collection o ta;es> licenses> ees an!
other imposts0
2. Ae is 'uilty o any o the ollowin' acts or
omissions@
b. $eman!in'> !irectly or in!irectly> the
payment o sums !i/erent rom or
lar'er than those authoriGe! by law0 or
"1
c. 9ailin' voluntarily to issue a receipt> as
provi!e! by law> or any sum o money
collecte! by him ofcially0 or
d. Collectin' or receivin'> !irectly or
in!irectly> by way o payment or
otherwise> thin's or ob(ects o a nature
!i/erent rom that provi!e! by law.
Crime o ille'al e;actions is consummate!
by mere !eman! or lar'er or !i/erent
amount rom that 8;e! by law.
Collectin' ofcer must issue ofcial receipt
otherwise hel! liable un!er this article.
When there is !eceit in !eman!in' 'reater
ees than those prescribe! by law> the
crime is estaa not ille'al e;action.
Ta; collector who collecte! a sum lar'er
than that authoriGe! by law an! spent all o
them is 'uilty o 2 crimes> namely@ ille'al
e;action> or !eman!in' a 'reater amount0
an! malversation or misappropriatin' the
amount collecte!.
35= or Customs ofcers an! employees not
covere! by Art 243. F5=C or A!min Co!e
applies to them.
Article 2>*. Other Fr!#(&
:lements@
2. Ae ta<es a!vanta'e o his ofcial position0
3. Ae commits any o the rau!s or !eceits
enumerate! in Article 34) to 34. C:staa>
other orms o swin!lin'> swin!lin' a minor
an! other !eceitsD
=TC has (uris!iction when Art 24% is
involve! as MTCs !o not have (uris!iction
to impose the principal penalty in Art. 24%
o !is?uali8cation
Article 2>1. Prhi$ite( Tr!n&!ctin&
:lements
4. O/en!er is an appointive public ofcer0
2. Ae becomes intereste!> !irectly or
in!irectly> in any transaction o e;chan'e
or speculation0
3. The transaction ta<es place within the
territory sub(ect to his (uris!iction0
%. Ae becomes intereste! in the transaction
!urin' his incumbency.
Transaction must be one o e;chan'e or
speculation such as buyin' re'ularly
securities or resale.
Purchasin' o stoc<s or shares in a
company is simply an investment an! not a
violation o Art. 24).
:;amples o appointive public ofcer who
may not en'a'e in the commercial
proession either in person or by pro;y@
(ustices> (u!'es or 8scals> employees
en'a'e! in the collection an!
a!ministration o public un!s.
Article 2>3. P&&e&&in ' "rhi$ite(
intere&t $. ! "#$lic %cer
Persons liable@
4. Public ofcer who> !irectly or in!irectly>
became intereste! in any contracts or
business in which it was his ofcial !uty to
intervene0
2. :;perts> arbitrators> an! private
accountants who> in li<e manner> too< part
in any contract or transaction connecte!
with the estate or property in the appraisal>
!istribution or a!(u!ication o which they
ha! acte!0
3. Iuar!ians an! e;ecutors with respect to
the property belon'in' to their war!s or
the estate.
This provision is applicable to e;perts>
arbitrators an! private accountants who> in
li<e manner> shall ta<e part in any contract
or transaction connecte! with the estate or
property in appraisal !istribution or
a!(u!ication o which they shall have
acte!> an! to the 'uar!ians an! e;ecutors
with respect tom the property belon'in' to
their war!s or estate.
Actual rau! is not necessary
Sectin >*A Article :I ' the Cn&tit#tin
Fo "enator or Member o the Aouse o
=epresentatives may personally appear as
counsel beore any court o (ustice or
beore the :lectoral Tribunals> or ?uasi6
(u!icial an! other a!ministrative bo!ies.
Feither shall he> !irectly or in!irectly> be
intereste! 8nancially in any contract with>
or in any ranchise or special privile'e
'rante! by the Iovernment or any
sub!ivision> a'ency or instrumentality
thereo> inclu!in' any 'overnment6owne!
or controlle! corporation or its subsi!iary>
!urin' his term o ofce. Ae shall not
intervene in any matter beore any ofce o
the 'overnment or his pecuniary bene8t or
where he may be calle! upon to act on
account o his ofce.
"2
Sectin >3A Article :II ' the Cn&tit#tin
The Presi!ent> Nice6Presi!ent> the Members
o the Cabinet an! their !eputies or
assistant shall not> unless otherwise
provi!e! in this Constitution> hol! any
other ofce or employment !urin' their
tenure. They shall not> !urin' sai! tenure>
!irectly or in!irectly> practice any other
proession> participate in any business> or
be 8nancially intereste! in any contract
with> or in any ranchise> or special
privile'e 'rante! by the Iovernment or
any sub!ivision> a'ency or instrumentality
thereo> inclu!in' 'overnment6owne! or
controlle! corporations or their
subsi!iaries. They shall strictly avoi!
conEict o interest in the con!uct o their
ofce.
Sectin 2A Article IK=A ' the Cn&tit#tin
Fo member o a Constitutional Commission
shall> !urin' his tenure> hol! any ofce or
employment. Feither shall he en'a'e in
the practice o any proession or in the
active mana'ement or control o any
business which in any way may be a/ecte!
by the unctions o his ofce> nor shall he
be 8nancially intereste!> !irectly or
in!irectly> in any contract with> or in any
ranchise or privile'e 'rante! by the
'overnment> or any o its sub!ivisions>
a'encies> or instrumentalities> inclu!in'
'overnment6owne! or controlle!
corporations or their subsi!iaries.
Article 2>4. M!lver&!tin ' "#$lic '#n(&
Acts punishable@
4. Appropriatin' public un!s or property0
2. Ta<in' or misappropriatin' the same0
3. Consentin'> or throu'h aban!onment or
ne'li'ence> permittin' any other person to
ta<e such public un!s or property0 an!
%. 3ein' otherwise 'uilty o the
misappropriation or malversation o such
un!s or property.
:lements common to all acts o malversation
un!er Article 24-
2. Ae ha! the custo!y or control o un!s or
property by reason o the !uties o his
ofce0
3. Those un!s or property were public un!s
or property or which he was accountable0
%. Ae appropriate!> too<> misappropriate! or
consente! or> throu'h aban!onment or
ne'li'ence> permitte! another person to
ta<e them.
Also <nown as embeGGlement
Fature o !uties> not name o ofce is
controllin'
9un!s or property must be receive! in
ofcial capacity
A public ofcer havin' only a ?uali8e!
char'e o 'overnment property without
authority to part with physical possession
o it unless upon or!er rom his imme!iate
superior> cannot be hel! liable or
malversation. This rule !oes not apply
when the accuse! ha! authority to receive
money pertainin' to the Iovernment.
A private person conspirin' with an
accountable public ofcer in committin'
malversation is also 'uilty o malversation.
,n!er Art. 222 private in!ivi!uals may also
'uilty o malversation.
Private property may be involve!
malversation. This article applies to
a!ministrators or !epositories o un!s or
property attache!> seiGe!> or !eposite! by
public authority> even i such property
belon's to a private in!ivi!ual.
5n malversation not committe! throu'h
ne'li'ence> lac< o criminal intent or 'oo!
aith is a !eense.
Presumption rom ailure to have !uly
orthcomin' public un!s or property upon
!eman! is prima acie evi!ence that the
sai! un!s have been put to personal use.
This may be rebutte!.
=eturn o the un!s malverse! is only a
miti'atin' circumstance.
When at the very moment the shorta'e is
!iscovere!> the shorta'e is pai! by public
ofcer rom his poc<et> he is not liable or
malversation.
When the accountable ofcer is obli'e! to
'o out o his ofce an! borrow the sum
alle'e! to be the shorta'e an! later the
missin' amount is oun! in some
unaccustome! place in his ofce> he is not
liable or malversation.
$eman! not necessary in malversation in
spite o the last para'raph in Art. 24- as
the latter provi!es only or a rule o
proce!ural law> a rule o evi!ence an! no
more.
A person whose ne'li'ence ma!e possible
the commission o malversation may be
hel! liable as principal by in!ispensable
cooperation in the comple; crime o
malversation throu'h alsi8cation o a
public !ocument by rec<less ne'li'ence.
"3
$ama'e to Iovernment not necessary.
Penalty is base! on the amount involve!>
not on the amount o !ama'e to the
'overnment.
Laba%agos vs. Sandiganbayan
!abatagos was the cashier and collecting officer of the
Mindanao 'tate Eni$ersity. 'he filed a lea$e of absence and
did not discharge her duties for the said period. 6hen C,-
conducted the examination, the petitioner did not ha$e any
cash in her possession, so she was asked to produce all her
records, books of collection, copies of official receipts and
remittance ad$ices and her monthly reports of collections.
2etitioner incurred shortages. 2etitioner was charged and
con$icted of mal$ersation of public funds.
H)!D* Con$iction upheld. Her claim that she signed the
audit report and statement of collections and deposits
prepared by the audit team of 0rancisco /i$era on the
understanding that her shortage was only 2?,555.55 is
belied by the figures clearly reflected on the said
documents. Mrs. )ster ;uanzon, the prosecutionDs rebuttal
witness, confirmed that the accused filed application for
maternity lea$e in March 789F but continued reporting for
work during that month and that she @;uanzonA was the
one assigned to collect the fees in her stead. 6hen the
accused was physically absent from office, she also turned
o$er her collections to the accused in the latterDs house
with the duplicate copies of the receipts she issued which
the accused signed after satisfying herself that the amounts
turned o$er tallied with the receipts.
-ll the other sums allegedly taken from the accused by
Director ,sop, -likhan Marohombsar and -uditor Casan
supported as they are by mere pieces of paper, despite the
admission by Director ,sop of ha$ing signed some of them
were not $alid disbursements. ;ranting that the amounts
reflected in the chits were really secured by the persons
who signed them, the responsibility to account for them
still rests in the accused accountable officer. Malversation
consists not only in misappropriation or converting public
funds or property to ones personal use but also by
knowingly allowing others to make use of or
misappropriate them.
*s%epa vs. Sandiganbayan
)stepa, then a senior paymaster lost 245,555 go$ernment
money. 2etitionerDs contention is that the facts alleged in
the information did not constitute an offense since there
can be no crime of mal$ersation of public funds through
mere failure to count the money.
H)!D* +n the crime of mal$ersation, all that is necessary
for con$iction is proof that the accountable officer had
recei$ed the public funds and that he did not ha$e them in
his possession when demand therefore was made and he
could not satisfactorily explain his failure so to account. -n
accountable public officer may be con$icted for
mal$ersation e$en if there is no direct e$idence of personal
misappropriation, where he has not been able to explain
satisfactorily the absence of the public funds in$ol$ed.
+logon vs. Sandiganbayan
+logon was the acting 2ostmaster when the examination
showed that the petitioner incurred a shortage in his
accounts. He was charged and con$icted of mal$ersation of
public funds.
H)!D* +n the crime of mal$ersation, all that is necessary
for con$iction is proof that the accountable officer had
recei$ed public funds and that he did not ha$e them in his
possession when demand 9Gherefore was made. here is
e$en no need of direct e$idence of personal
misappropriation as long as there is a shortage in his
account and petitioner cannot satisfactorily explain the
same.
he fact that petitioner did not personally use the missing
funds is not a $alid defense and will not exculpate him
from his criminal liability. -nd as aptly found by respondent
'andiganbayan, Hthe fact that @theA immediate superiors of
the accused @petitioner hereinA ha$e ac1uiesced to the
practice of gi$ing out cash ad$ances for con$enience did
not legalize the disbursementsI.
he fact also that petitioner fully settled the amount of
277F,553.75 later is of no moment. he return of funds
mal$ersed is not a defense. +t is neither an exempting
circumstance nor a ground for extinguishing the accusedDs
criminal liability. -t best, it is a mitigating circumstance.
,-arcon vs. Sandiganbayan
-zarcon owned and operated an earth:mo$ing business,
hauling. ,ccasionally, he engaged the ser$ices of sub:
contractors like >aime -ncla whose trucks were left at the
formerDs premises.

- 6arrant of Distraint of 2ersonal
2roperty was issued by the B+/ to the personal property of
>aime -ncla, a delin1uent taxpayer. !ater on, -zarcon
wrote the B+/ stating -ncla surreptitiously withdrew his
e1uipment from hiss custody. Because of this, -zarcon was
charged and con$icted of mal$ersation of public property.
he issue here is whether petitionerDs designation by the
B+/ as a custodian of distrained property 1ualifies as
appointment by direct pro$ision of law, or by competent
authority
H)!D* %ot a public officer. he case of U.S. vs. Rastrollo
is not applicable to the case before us simply because the
facts therein are not identical, similar or analogous to
those obtaining here. 6hile the cited case in$ol$ed a
judicial deposit of the proceeds of the sale of attached
property in the hands of the debtor, the case at bench
dealt with the B+/Ds administrati$e act of effecting
constructi$e distraint o$er alleged property of taxpayer
-ncla in relation to his back taxes, property which was
recei$ed by 2etitioner -zarcon. +n the cited case, it was
clearly within the scope of that courtDs (urisdiction and
(udicial power to constitute the (udicial deposit and gi$e
Hthe depositary a character e1ui$alent to that of a public
official.I Howe$er, in the instant case, while the B+/ had
authority to re1uire 2etitioner -zarcon to sign a receipt for
the distrained truck, the %+/C did not grant it power to
appoint -zarcon a public officer.
.eople v. /a0,con 120062
"!
-rticle ?79 no longer re1uires proof by the 'tate that the
accused actually appropriated, took, or misappropriated
public funds or property. +nstead, a presumption, though
disputable and rebuttable, was installed that upon demand
by any duly authorized officer, the failure of a public
officer to ha$e duly forthcoming any public funds or
propertyJ with which said officer is accountableJshould be
prima facie e$idence that he had put such missing funds or
properties to personal use. 6hen these circumstances are
present, a Hpresumption of lawI arises that there was
mal$ersation of public funds or properties as decreed by
-rticle ?79.
Article 2>5. F!il#re ' !cc#nt!$le %cer
t ren(er !cc#nt&
:lements@
4. O/en!er is public ofcer> whether in the
service or separate! thererom by
resi'nation or any other cause0
2. Ae is an accountable ofcer or public
un!s or property0
3. Ae is re?uire! by law or re'ulation to
ren!er account to the Commission on
Au!it> or to a provincial au!itor0
%. Ae ails to !o so or a perio! o two months
ater such accounts shoul! be ren!ere!.
$eman! or accountin' not necessary> it is
sufcient that there is a law or re'ulation
re?uirin' him to ren!er account.
The reason or this law is the enorcement
by penal provision the perormance o the
!uty incumbent upon every public
employee who han!les 'overnment un!s
to ren!er an account o all he receives o
has in his char'e by reason o his
employment.
Misappropriation not necessary.
Article 2><. F!il#re ' !cc#nt!$le %cer
t ren(er !cc#nt& $e're le!vin- the
c#ntr.
:lements@
2. Ae is an accountable ofcer or public
un!s or property0
3. Ae unlawully leaves or attempts to leave
the Philippine 5slan!s without securin' a
certi8cate rom the Commission on Au!it
showin' that his accounts have been 8nally
settle!.
Article 220. Ille-!l #&e ' "#$lic '#n(& r
"r"ert. 9TEC@)ICAL MAL:ERSATIO);
:lements@
2. There are public un!s or property un!er
his a!ministration0
3. "uch un! or property were appropriate!
by law or or!inance0
%. Ae applies such public un! or property to
any public use other than or which it was
appropriate! or.
Also <nown as technical malversation
5lle'al use o public un!s or property
!istin'uishe! rom malversation@
4. O/en!ers in
both crimes are public ofcers
2. 5n 5lle'al use>
the public ofcer !oes not !erive
personal 'ain o pro8t>0 5n
malversation> the o/en!er in certain
cases pro8ts
3. 5n 5lle'al use>
the public un! or property is applie! to
another public use0 5n malversation>
the public un! or property is applie! to
personal use.
Article 22>. F!il#re t 0!Le (eliver. '
"#$lic '#n(& r "r"ert.
Acts punishable@
4. 9ailin' to ma<e payment by a public ofcer
who is un!er obli'ation to ma<e such
payment rom 'overnment un!s in his
possession0
2. =eusin' to ma<e !elivery by a public
ofcer who has been or!ere! by competent
authority to !eliver any property in his
custo!y or un!er his a!ministration.
:lements o ailure to ma<e payment@
4. Public ofcer has 'overnment un!s in his
possession0
2. Ae is un!er obli'ation to ma<e payment
rom such un!s0
3. Ae ails to ma<e the payment maliciously.
=eusal to ma<e !elivery o property must
be malicious
Article 222. O%cer& incl#(e( in the
"rece(in- "rvi&in&
4. private in!ivi!uals who> in any capacity
whatever> have char'e o any national>
provincial or municipal un!s> revenues> or
property
"5
2. any a!ministrator or !epository o un!s or
property attache!> seiGe! or !eposite! by
public authority> even i such property
belon's to a private in!ivi!ual.
*u!icial a!ministrator Co estate o
!ecease!D not covere!> conversion o
e/ects ma<es him liable or estaa.
Private property is inclu!e! provi!e! it is
attache!> seiGe! or !eposite! by public
authority.
Campomanes v. .eople 120062
-s gleaned from the partiesD stipulation of facts, the 2'C
and the 0+D) entered here into a contract re1uiring the
2'C to pro$ide the 0+D) the funds for the latter to organize
the Chess ,lympiad and Congress in Manila. he 2'C
deli$ered the funds to the 0+D), which apparently
successfully organized the Chess ,lympiad and Congress
since the 2'C does not claim that the 0+D) failed to
organize the two e$ents. +n short, the 0+D) complied with
its undertaking under the contract.
here is no claim by the 2'C or the C,- that the 0+D), a
foreign non:go$ernmental entity, is obligated under the
contract to render an accounting.
here is also no showing that the 2'CDs charter or any law
or regulation re1uires the 0+D) to render an accounting to
the 2'C or the C,- as a condition for the receipt of funds.
Clearly, this situation cannot gi$e rise to criminal liability
on the part of the 0+D)Ds officers under -rticle ??? of the
/e$ised 2enal Code which admittedly re1uires that there
must be a Hlaw or regulationI re1uiring the rendering of
accounts by pri$ate indi$iduals.
Article 223. Cnnivin- ,ith r cn&entin-
t ev!&in
2. Ae ha! in his custo!y or char'e a prisoner>
either !etention prisoner or prisoner by
8nal (u!'ment0
3. "uch prisoner escape! rom his custo!y0
%. Ae was in connivance with the prisoner in
the latterHs escape.
Classes o prisoners involve!@
4. 5 the u'itive has been sentence! by 8nal
(u!'ment to any penalty0
2. 5 the u'itive is hel! only as !etention
prisoner or any crime or violation o law or
municipal or!inance.
=elease o !etention prisoner who coul!
not be !elivere! to the (u!icial authority
within the time 8;e! by law is not in8!elity
in the custo!y o the prisoner
Beniency or la;ity is not in8!elity.
=ela;ation o imprisonment is consi!ere!
in8!elity.
Article 22*. Ev!&in thr#-h ne-li-ence
:lements@
2. Ae is char'e! with the conveyance or
custo!y o a prisoner or prisoner by 8nal
(u!'ment0
3. "uch prisoner escapes throu'h ne'li'ence.
$etention prisoners inclu!e!
Only the positive carelessness that is short
o !eliberate non6perormance o his !uties
as 'uar! that is the 'ravamen o the crime
un!er Art 22%.
The act that the public ofcer recapture!
the escape! prisoner !oes not a/or!
complete e;culpation.
Biability o escapin' prisoner@
4. 5 servin' sentence by reason o 8nal
(u!'ment6 evasion o service un!er Art
4)-
2. 5 !etention prisoner> no criminal
liability.
R(ill!& v&. S!n(i-!n$!.!n
=o!illas was a Patrolman when he was !irecte! by
his superior> to escort prisoners to ace trial. While
waitin' or the arrival o the (u!'e> Pat. An!res> a
relative o the husban! o !etention prisoner
Senai!a> approache! the accuse! an! re?ueste! the
latter i he coul! permit Senai!a to tal< to her
husban!. The accuse! consente! an! Senai!a ha! a
short tal< with her husban!. Ae consente! to the
re?uest that they eat at the canteen. While eatin'>
the husban! o Senai!a as<e! accuse! i he coul!
accompany his wie to the comort room as she was
not eelin' well an! elt li<e !eecatin'. The accuse!
accompanie! Senai!a an! a la!y companion to the
la!iesP comort room. Senai!a an! her la!y
companion entere! the comort room> while he stoo!
'uar! near the la!iesP comort room acin' the !oor.
Fot lon' ater> the la!y companion o Senai!a came
out o the comort room an! tol! him that she was
'oin' to buy sanitary nap<ins or Senai!a. Ater ten
minutes elapse! without the la!y companion o
Senai!a comin' bac<> the accuse! became
suspicious an! entere! the comort room. To his
surprise> he oun! Senai!a no lon'er insi!e the
comort room. Ae imme!iately went out to loo< or
the escapee insi!e the buil!in' but they were not
able to see her. Accuse! was unable to recapture
Senai!a. Was the "an!i'anbayan correct in hol!in'
the petitioner 'uilty o in8!elity in the custo!y o a
prisoner throu'h ne'li'ence penaliGe! un!er Art.
22%R
"6
A:B$@ Tes. The only !ispute! issue is the petitionerPs
ne'li'ence resultin' in the escape o !etention
prisoner Senai!a An!res. The ne'li'ence reerre! to
in the =evise! Penal Co!e is such !e8nite la;ity as all
but amounts to a !eliberate non6perormance o !uty
on the part o the 'uar!. 5t is evi!ent rom the
recor!s that the petitioner acte! ne'li'ently an!
beyon! the scope o his authority when he permitte!
his char'e to create the situation which le! to her
escape. The petitioner conten!s that human
consi!erations compelle! him to 'rant Senai!a
An!resP re?uests to ta<e lunch an! to 'o to the
comort room to relieve hersel. As a police ofcer
who was char'e! with the !uty to return the prisoner
!irectly to (ail> the !eviation rom his !uty was clearly
a violation o the re'ulations. 5t is the !uty o any
police ofcer havin' custo!y o a prisoner to ta<e
necessary precautions to assure the absence o any
means o escape. A ailure to un!erta<e these
precautions will ma<e his act one o !e8nite la;ity or
ne'li'ence amountin' to !eliberate non6perormance
o !uty. Ais tolerance o arran'ements whereby the
prisoner an! her companions coul! plan an! ma<e
'oo! her escape shoul! have arouse! the suspicion
o a person o or!inary pru!ence.
Article 221. E&c!"e ' "ri&ner #n(er the
c#&t(. ' ! "er&n nt ! "#$lic %cer
:lements@
4. O/en!er is a private person0
2. The conveyance or custo!y o a prisoner or
person un!er arrest is con8!e! to him0
3. The prisoner or person un!er arrest
escapes0
%. O/en!er consents to the escape> or that
the escape ta<es place throu'h his
ne'li'ence.
5napplicable i the private person is the one
who ma!e the arrest an! he consente! to
the escape o the person he arreste!
Article 223. Re0v!lA cnce!l0entA r
(e&tr#ctin ' (c#0ent&
:lements@
2. Ae abstracts> !estroys or conceals a
!ocument or papers0
3. "ai! !ocument or papers shoul! have been
entruste! to such public ofcer by reason
o his ofce0
%. $ama'e> whether serious or not> to a thir!
party or to the public interest has been
cause!.
Public ofcer must be ofcially entruste!
with the !ocuments or papers
$ocuments must be complete an! one by
which a ri'ht coul! be establishe! or an
obli'ation coul! be e;tin'uishe!
3oo<s> perio!icals an! pamphlets not
!ocuments
Papers inclu!e chec<s> promissory notes
an! paper money
5n8!elity in the custo!y o the !ocument
!istin'uishe! rom malversation an!
alsi8cation@ When the postmaster
receive! money or!ers> si'ne! the
si'natures o the payees> collecte! an!
appropriate! the respective amounts
thereo> the postmaster is 'uilty o
malversation an! alsi8cation> the latter
crime havin' been committe! the
malversation. 3ut when the postmaster
receives letters or envelopes containin'
money or!ers or transmission an! the
money or!ers are not sent to the
a!!ressees> the postmaster cashin' the
same or his own bene8t> he is 'uilty o
in8!elity in the custo!y o papers.
Money bills receive! as court e;hibits are
papers.
Acts punishable@ removin'> !estroyin'>
concealin'> !ocuments or papers ofcially
entruste! to the o/en!in' public ofcer.
5t is not necessary that the act o removal
must be couple! with proo o intention to
conceal. Accor!in'ly> removal> !estruction
an! concealment are !istinct mo!es o
committin' the o/ense.
The removal is or a illicit purpose when
o/en!er inten!s to C4D tamper with it or C2D
pro8t with it o C3D commit an act
constitutin' a breach o trust in the ofcial
care thereo.
The crime o removal o public !ocuments
in breach o ofcial trust is consummate!
upon its removal rom its usual place in the
ofce.
5n8!elity in the custo!y o !ocument by
!estroyin' or concealin' it !oes not re?uire
proo o illicit purpose.
$eliverin' !ocument to the wron' party is
in8!elity in the custo!y thereo.
There must be !ama'e> 'reat or small>
which may consist in mere alarm to the
public or alienation o its con8!ence in any
branch o 'overnment service.
Article 224. O%cer $re!Lin- &e!l
:lements@
2. Ae is char'e! with the custo!y o papers or
property0
""
3. These papers or property are seale! by
proper authority0
%. Ae brea<s the seal or permits them to be
bro<en.
5t is the brea<in' o the seals> not
openin' o close! envelope that is
punishable un!er the Article.
$ama'e or intent to cause !ama'e
is not necessary.
$istinction between in8!elity an!
thet
4. There is in8!elity i the o/en!er
opene! the letter but !i! not ta<e
the same.
2. There is thet i there is intent to
'ain when the o/en!er too< the
money.
Fote that he !ocument must be complete
in le'al sense. 5 the writin's are mere
orm> there is no crime.
Article 225. O"enin- ' cl&e( (c#0ent&
:lements@
2. Any close! papers> !ocuments> or ob(ect
are entruste! to his custo!y0
3. Ae opens or permits to be opene! sai!
close! papers> !ocuments or ob(ects0
%. Ae !oes not have proper authority.
Custo!y means a 'uar!in' or <eepin' sae
Close! !ocuments must be entruste! to
the custo!y o the accuse! by reason o his
ofce
$ama'e or intent to cause !ama'e not an
element
5 public ofcer bro<e a seal in openin'
close! papers> what is the o/enseR
3rea<in' the seal> because Article 22.
re?uires that the ofcer must Unot be
inclu!e! in the provisions o the ne;t
prece!in' articleV.
Article 22<. Revel!tin ' &ecret& $. !n
%cer
Acts punishable@
4. =evealin' any secrets <nown to the
o/en!in' public ofcer by reason o his
ofcial capacity0
:lements
2. Ae <nows o a secret by reason o his
ofcial capacity0
3. Ae reveals such secret without
authority or (usti8able reasons0
%. $ama'e> 'reat or small> is cause! to
the public interest.
"ecret must a/ect public interest
:spiona'e not contemplate! here as this
article punishes minor ofcial betrayals>
in8!elities o little conse?uence> a/ectin'
usually the a!ministration o (ustice>
e;ecutive or ofcial !uties> or the 'eneral
interest o the public or!er
"ecrets o private persons not inclu!e!
2. $eliverin' wron'ully papers or copies o
papers o which he may have char'e an!
which shoul! not be publishe!.
:lements@
4. O/en!er is a
public ofcer0
2. Ae has char'e
o papers0
3. Those papers
shoul! not be publishe!0
%. Ae !elivers
those papers or copies thereo to a
thir! person0
). The !elivery is
wron'ul0
+. $ama'e is
cause! to public interest.
O/en!er must have char'e o papers or its
copies
$istin'uish rom in8!elity in the custo!y o
!ocuments or papers by removin' the
same@ 5 the papers contain secrets an!
thereore shoul! not be publishe!> an! the
public ofcer havin' char'e removes it an!
!elivers them wron'ully to a thir! person
the crime is revelation o secrets by a
public ofcer. 5 papers !o not contain
secrets> the removal or an illicit purpose is
in8!elity in the custo!y o !ocuments.
Article 230. P#$lic %cer reve!lin-
&ecret& ' "riv!te in(ivi(#!l
:lements@
2. Ae <nows o the secrets o a private
in!ivi!ual by reason o his ofce0
3. Ae reveals such secrets without authority
or (usti8able reason.
"#
=evelation to one person is sufcient>
public revelation not re?uire!
When the o/en!er is an attorney at law or
solicitor Art 230 is not applicable but Art
202.
$ama'e to private person not necessary
since the reason o the provision is to
uphol! aith an! trust in the public service
Article 23>. O"en (i&$e(ience
4. Ofcer is a (u!icial or e;ecutive ofcer0
2. There is a (u!'ment> !ecision or or!er o a
superior authority0
3. "uch (u!'ment> !ecision or or!er was
ma!e within the scope o the (uris!iction o
the superior authority an! issue! with all
the le'al ormalities0
%. Ae> without any le'al (usti8cation> openly
reuses to e;ecute the sai! (u!'ment>
!ecision or or!er> which he is !uty boun!
to obey.
Article 232. Di&$e(ience t r(er '
&#"erir %cerA ,hen &!i( r(er ,!&
&#&"en(e( $. in'erir %cer
2. An or!er is issue! by his superior or
e;ecution0
3. Ae has or any reason suspen!e! the
e;ecution o such or!er0
%. Ais superior !isapproves the suspension o
the e;ecution o the or!er0
). O/en!er !isobeys his superior !espite the
!isapproval o the suspension.
This article !oes not apply i
the or!er o the superior is ille'al.
Article 233. Re'#&!l ' !&&i&t!nce
4. O/en!er is a
public ofcer0
2. A competent
authority !eman!s rom the o/en!er that
he len! his cooperation towar!s the
a!ministration o (ustice or other public
service0
3. O/en!er ails
to !o so maliciously.
$ama'
e to public interest or to a thir! party is
essential.
Article 23*. Re'#&!l t (i&ch!r-e elective
%ce
4. O/en!er is electe! by popular election to a
public ofce0
2. Ae reuses to be sworn in or to !ischar'e
the !uties o sai! ofce0
3. There is no le'al motive or such reusal to
be sworn in or to !ischar'e the !uties o
sai! ofce.
The reason is that once an in!ivi!ual is
electe! to an ofce by the will o the
people> the !ischar'e o the !uties o sai!
ofce becomes a matter o !uty.
Fot applicable to appointive ofcers
Article 231. M!ltre!t0ent ' "ri&ner&
:lements@
4. O/en!er is a public ofcer or employee0
2. Ae has un!er his char'e a prisoner or
!etention prisoner0
3. Ae maltreats such prisoner in either o the
ollowin' manners@
a. 3y over!oin' himsel in the correction
or han!lin' o a prisoner or !etention
prisoner un!er his char'e either 6
C4D 3y the imposition o
punishment not authoriGe! by
the re'ulations0 or
C2D 3y inEictin' such punishments
Cthose authoriGe!D in a cruel
an! humiliatin' manner0 or
b. 3y maltreatin' such prisoners to e;tort
a conession or to obtain some
inormation rom the prisoner.
Public ofcer must have actual char'e o
the prisoner
O/en!e! party must be convict or
!etention prisoner
To be a !etention prisoner> the arreste!
person must be in (ail even or a short
while.
The maltreatment must C4D relate to the
correction or han!lin' o the prisoner or C2D
be or the purpose o e;tortin' a
conession or o obtainin' some
inormation rom the prisoner.
O/en!er may also be liable or physical
in(uries or !ama'e cause!
"'
Article 233. Antici"!tin ' (#tie& ' !
"#$lic %ce
4. O/en!er is entitle! to hol! a public ofce
or employment> either by election or
appointment0
2. The law re?uires that he shoul! 8rst be
sworn in an!Lor shoul! 8rst 'ive a bon!0
3. Ae assumes the perormance o the !uties
an! powers o such ofce0
%. Ae has not ta<en his oath o ofce an!Lor
'iven the bon! re?uire! by law.
Article 234. Prln-in- "er'r0!nce '
(#tie& !n( ",er&
4. O/en!er is hol!in' a public ofce0
2. The perio! provi!e! by law> re'ulations or
special provision or hol!in' such ofce>
has alrea!y e;pire!0
3. Ae continues to e;ercise the !uties an!
powers o such ofce.
4. A public ofcer who has been
suspen!e!> separate!> !eclare!
overa'e! or !ismisse! cannot continue
to perorm the !uties o his ofce.
Article 235. A$!n(n0ent ' %ce r
"&itin
2. Ae ormally resi'ns rom his position0
3. Ais resi'nation has not yet been accepte!0
%. Ae aban!ons his ofce to the !etriment o
the public service.
There must be a written or ormal
resi'nation> verbal statement is not
allowe!
The o/ense is ?uali8e! when the
aban!onment was or the purpose to
eva!e the !ischar'e o !uties o
preventin'> prosecutin'> or punishin' any
o the crimes o C4D treason> C2D conspiracy
an! proposal to commit treason> C3D
misprision o treason> C%D espiona'e> C)D
incitin' to war or 'ivin' motives or
reprisal> C+D violation o neutrality> C-D
correspon!ence with hostile country> C.D
Ei'ht to enemy country> C2D piracy an!
mutiny> C40D rebellion> C44D coup !H etat>
C42D conspiracy an! proposal to commit
coup !H etat or rebellion> C43D !isloyalty o
public ofcers> C4%D incitin' to rebellion>
C4)D se!ition> C4+D conspiracy to commit
se!ition an! C4-D incitin' to se!ition.
Art 23. !istin'uishe! rom Art. 20.@
4. Art. 23. is committe! by any public
ofcer while in Art 20. is committe! by
public ofcers who have the !uty to
institute prosecution or the
punishment an! violation o the law
2. Art. 23. > public ofcer aban!ons ofce
to eva!e the !ischar'e o !uty> in Art
20.> the public ofcer !oes not
aban!on his ofce but ails to
prosecute an o/ense by !ereliction o
!uty or malicious tolerance o the
commission o the o/ense.
Article 23<. U&#r"!tin ' le-i&l!tive
",er&
4. O/en!er is an e;ecutive or (u!icial ofcer0
2. Ae CaD ma<es 'eneral rules or re'ulations
beyon! the scope o his authority or CbD
attempts to repeal a law or CcD suspen!s
the e;ecution thereo.
Article 2*0. U&#r"!tin ' eEec#tive
'#nctin&
2. Ae CaD assumes a power pertainin' to the
e;ecutive authorities> or CbD obstructs the
e;ecutive authorities in the lawul e;ercise
o their powers.
4. Be'islative ofcers not liable
Article 2*>. U&#r"!tin ' /#(ici!l
'#nctin&
4. O/en!er is an ofcer o the e;ecutive
branch o the 'overnment0
2. Ae CaD assumes (u!icial powers> or CbD
obstructs the e;ecution o any or!er or
!ecision ren!ere! by any (u!'e within his
(uris!iction.
2. Arts 23262%4 punish intererence by the
ofcers o one o the three branches o
'overnment with unctions o ofcers in
another !epartment. The purpose is to
maintain the separation an! in!epen!ence
o the three !epartments.
Article 2*2. Di&$e.in- reF#e&t 'r
(i&F#!liCc!tin
2. A procee!in' is pen!in' beore such public
ofcer0
#0
3. There is a ?uestion brou'ht beore the
proper authority re'ar!in' his (uris!iction>
which is not yet !eci!e!0
%. Ae has been lawully re?uire! to rerain
orm continuin' the procee!in'0
). Ae continues the procee!in'.
Article 2*3. Or(er& r reF#e&t& $.
eEec#tive %cer& t !n. /#(ici!l !#thrit.
4. O/en!er is an e;ecutive ofcer0
2. Ae a!!resses any or!er or su''estion to
any (u!icial authority0
3. The or!er or su''estion relates to any case
or business comin' within the e;clusive
(uris!iction o the courts o (ustice.
Purpose is to maintain in!epen!ence o the
(u!iciary
Be'islative or (u!icial ofcers not liable
Article 2**. Unl!,'#l !""int0ent& 9Art.
2**;
2. Ae nominates or appoints a person to a
public ofce0
3. "uch person lac<s the le'al ?uali8cations
thereore0
%. O/en!er <nows that his nominee or
appointee lac<s the ?uali8cation at the
time he ma!e the nomination or
appointment.
Fominate is !i/erent rom recommen!.
=ecommen!in'> <nowin' that the person
recommen!e! has no ?uali8cation> is not a
crime.
Article 2*1. A$#&e& !-!in&t ch!&tit.
Acts punishable@
4. "olicitin' or ma<in' immoral or in!ecent
a!vances to a woman intereste! in matters
pen!in' beore the o/en!in' ofcer or
!ecision> or with respect to which he is
re?uire! to submit a report to or consult
with a superior ofcer0
a!vances to a woman un!er the o/en!erHs
custo!y0
a!vances to the wie> !au'hter> sister or
relative within the same !e'ree by afnity
o any person in the custo!y o the
o/en!in' war!en or ofcer.
:lements@
2. Ae solicits or ma<es immoral or in!ecent
a!vances to a woman0
3. "uch woman is 6
a. intereste! in matters pen!in'
beore the o/en!er or !ecision> or
with respect to which he is re?uire!
to submit a report to or consult
with a superior ofcer0 or
b. un!er the custo!y o the o/en!er
who is a war!en or other public
ofcer !irectly char'e! with the
care an! custo!y o prisoners or
persons un!er arrest0 or
c. the wie> !au'hter> sister or
relative within the same !e'ree by
afnity o the person in the custo!y
o the o/en!er.
"olicit is to propose earnestly an!
persistently somethin' unchaste an!
immoral to a woman.
A!vances must be immoral or in!ecent
Consummate! by mere proposal
Proo o solicitation not necessary when
there is se;ual intercourse
Mother o the person in the custo!y o the
o/en!er not inclu!e!.

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Title 7 - Public Officers 2007

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Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

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