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204
KNOWINGLY Rendering Unjust
Judgment
Judge knowingly renders judgment that
is a)contrary to law; b) not supported
by evidence; or c) both, in a case
submitted to him for decision.
error in GF
205
Judgment Rendered thru NEGLIGENCE
206
Unjust INTERLOCUTORY Judgment
CRIME
210
DIRECT BRIBERY
ACTS
1. AGREEING to perform/PERFORMING in
consideration of any OFFER/PROMISE/GIFT an
act constituting a CRIME, in connection w/ the
perf of official dutes. (mere agreemt is
enough);
2. ACCEPTING a GIFT in consideration of the
execution of an act w/c does NOT constitute a
crime, in connection w/ the perf of his official
duty. (gift must be accepted; act must be
unjust) mere agreement or promise by the
PO is not enough;
3. AGREEING to REFRAIN/REFRAINING from
doing something w/c is his official DUTY to do,
in consideration of a GIFT/PROMISE. (if not for
a gift/promise Dereliction of Duty
O is a PO who accepts an offer/promise; or
receives a gift by himself or thru another, to
perform the acs/omissions abovestated, w/c
are connected w/ his official duties
ELEMENTS
Offender/s
211
INDIRECT BRIBERY
211-A
QUALIFIED BRIBERY
212
CORRUPTION OF PUBLIC
OFFICIALS
Omakes/offers/promises/gives
gifts/presents to a public officer
under the circumstances that
will make the PO liable for
Direct or Indirect Bribery. (even
if demanded by the PO and NOT
voluntarily given by the
Offender)
Public officer
Attempted if PO refuses
PD 749 grants immunity to the
givers of bribes & to the
accomplices if they willingly
testify in bribery/graft cases
when: info refers to
consummated violations and
necessary for the conviction
and not yet in possession of the
state and can be corroborated
on its material points and
informant has not been
previously convicted of a crime
involving moral turpitude.
213
Fraud Against the TREASURY & Similar offenses
1. ENTERING into an AGREEMENT w/ any interested party/speculator to
DEFRAUD the govt in dealing w/ any person w/ regard to:
a) Furnishing supplies
b) Making of contracts
c) Adjustment/settlement of accounts relating to public funds
O PO, taking adv of his office (he intervened in the transaction in his
official capacity), entered into an agreement w/ any interested
party/speculator or made use of any scheme w/ regard to a),b)c), with
INTENT to defraud the govt.
Illegal Exactions
2. DEMANDING in/directly the payment of sums DIFFERENT/LARGER than
those authorized by law, in the collection of TAXES/LIENS/FEES & other
IMPOSTS;
3. FAILING voluntarily to issue RECEIPTS for any sum of money collected by
him officially in the collection of TAXES/LIENS/FEES & other IMPOSTS;
4. COLLECTING/RECEIVING in/directly by way of payment or otherwise
THINGS/OBJECTS of a nature DIFFERENT form that provided by law in the
collection of TAXES/LIENS/FEES & other IMPOSTS.
O PO must be entrusted w/ the collection of TAXES/LIENS/FEES & other
IMPOSTS.
mere demand for a larger/different amt
When there is DECEIT in demanding a GREATER feeEstafa
If he collected a LARGER sum and then SPENT it Illegal Exaction &
Malversation
n/a to BIR ees.
214
Other Frauds
215
Prohibited Transactions
O - is an APPOINTIVE public officer (judge, justice, fiscal, ee engaged in collection &
admin of public funds) who, during his incumbency, becomes interested in/directly in
any TRANSACTION of EXCHANGE/SPECULATION (buying stocks, selling stocks,
commodities, land etc) w/in the territory subj to his JURISDICTION.
Not merely purchasing stocks/shares in a company as an investment, but
buying regularly securities for resale
216
Possession of Prohibited Interests by a Public Officer
1. PO who in/directly became INTERESTED in any CONTRACT/BUSINESS in w/c
it wash his official duty to INTERVENE;
2. EXPERTS/ARBITRATORS/PRIVATE ACCOUNTANTS who, in like manner took
part in any contract/transaction connected w/ the estate/property in the
appraisal, distribution/adjudication of w/ they had acted;
3. GUARDIANS/EXECUTORS w/ respect to the property belonging to their
wards.
Actual fraud is NOT necessary
Intervention must be by virtue of public ofc held
n/a if the PO intervenes in contracts NOT connected to his office.
CRIME
217
MALVERSATION of public funds
(Embezzlement)
218
FAILURE of
accountable officer to
RENDER ACCOUNTS
OFFENDER
1.
Public officer
ACCOUNTABLE for public
funds/property & required
by law to render acts to
the COA or to a Provincial
Auditor (whether in the
service or separated
therefrom)
2.
ELEMENTS
Malversation
public officer
O either
1. APPROPRIATES
2. TAKES/MISAPPROPRIATES
3. CONSENTs or thru
ABANDONMENT/NEGLIGENCE
, permits any other person to
take such public
funds/property
4. IS GUILTY of the
MISAPPROP/MALVERSATION
of such funds/property
And the funds were PUBLIC for w/c
he was accountable.
Presumption when the demand
is made upon the accountable
officer and the same is not
forthcoming.
Return of malversed fundMC
only
Demand & damage to govt is
not necessary
O - fails to render
accounts for 2 months
after such accounts shld
be rendered.
Demand for
accounting is not
necessary
Misappropriation is
not necessary, BUT if
there is, he is ALSO
liable for
Malversation.
Estafa
Private indiv
219
FAILURE of responsible
PO to render accts
before LEAVING the
COUNTRY
Any public officer
220
ILLEGAL USE of PUBLIC
FUNDS (Technical
Malversation)
221
FAILURE to make
DELIVERY of PUBLIC
FUNDS/PROPERTY
PO in possession of govt
funds & under obligation
to make payment from
such funds
O MALICIOUSLY fails to
make the payment
Malversation
Accountable public officer
Private funds
ACTS
224
EVASION thru NEGLIGENCE
Public officer charged w/ the
CONVEYANCE/CUSTODY of a prisoner
(dentention/convicted)
Thru his negligence, the prisoner escapes.
not every negligence/distraction is penalized.
it is only that POSITIVE CARELESSNESS that is
SHORT OF DELIBERATE NON-PERF of his duties
as guard
Recapture MC only
225
ESCAPE of a prisoner under CUSTODY of a
person NOT a public officer
Private person to whom the
CONVEYANCE/CUSTODY of a prisoner/person
under arrest is confided to
Either CONSENTS or thru his NEGLIGENCE, the
prisoner escapes.
n/a if the private person was the one who
made the arrest and he consented to the
escape of the person he arrested.
227
OFFICER BREAKING SEAL
228
OPENING of closed Documents
REVELATION OF SECRETS
CRIME
OFFENDER
ACTS/ELEMENTS
CRIME
231
OPEN Disobedience
OFFENDER
ELEMENTS
JUDICIAL/EXECUTIVE officer
There is a JUDGMENT/DECISION/ORDER of a
superior authority
Made w/in the scope of JURISDICTION of the
superior authority and ISSUED w/ all the legal
formalities
WITHOUT justification, OPENLY REFUSES to
execute such judgment/decision/order, w/c he
is duty-bound to obey.
230
Public Officer Revealing Secrets of Private Individual
Public officer who knows of a secret of a PRIVATE individual by reason of
his office.
He reveals such secrets w/o authority or justifiable reason.
232
Disobedience to ORDER of superior
officer when said order was SUSPENDED
by inferior officer
Public officer
An ORDER is issued by his superior for
execution.
He has for any reason, SUSPENDED the
execution of said order
His superior DISAPPROVES the suspension
of the execution of such order
He DISOBEYS his superior despite the
disapproval of the suspension.
N/A if order is illegal
233
REFUSAL of ASSISTANCE
Public officer
A competent authority DEMANDS from
the O that he lends his cooperation
towards the admin of justice or other
public service and he MALICIOUSLY fails
to do so.
O may ALSO be held SEPARATELY liable for Phys Injuries or Damage caused
There is NO COMPLEX CRIME OF Maltreatment w/ S/LS Phys injuries. They must be SEPARATE.
CRIME
OFFENDER
ELEMENTS
236
ANTICIPATION of DUTIES of a
Public Office
Person entitled to hold a public
office/ENT either by
election/appointment.
The law requires that he should be
SWORN IN and /or give a BOND;
He ASSUMES the performance of
the duties/powers of such office
w/o having taken the oath and/or
given the bond.
237
PROLONGING Performance of
Duties & Powers
Public officer holding public office
(suspended, separated, declared
overaged, dismissed)
The PERIOD provided by law for
holding such office has ALREADY
EXPIRED;
He CONTINUES to exercise the
duties/powers of such office
238
ABANDONMENT of Office
Public officer who has formally resigned by submitting a
written/formal resignation.
He ABANDONS his office to the detriment of public service
BEFORE his resignation is ACCEPTED.
242
239
Usurpation of LEGISLATIVE Power
Executive or Judicial Officer
1. MAKES general RULES/regulations
BEYOND the scope of his AUTHORITY;
2. ATTEMPTS to REPEAL a law;
3. SUSPENDS the EXECUTION thereof
240
Usurpation of EXECUTIVE Functions
A Judge
1. ASSUMES a power pertaining to
EXECUTIVE authorities; or
2. OBSTRUCTS the executive
authorities in the lawful EXERCISE
of their powers.
n/a to Legislative officers
If a councilor assumes the power of the
mayor Usurpation of
Authority/Official Functions
241
Usurpation of JUDICIAL Functions
Executive Officer
1. ASSUMES judicial powers;
2. OBSTRUCTS the execution of any
ORDER/decision rendered by any judge
w/in his jurisdiction
3.
243
He would STILL be liable even if the jurisdictional question is resolved by the proper authority in his favor.
ORDERS/REQUESTS by EXECUTIVE OFFICERS to ANY JUDICIAL AUTHORITY
Offender is an EXECUTIVE Officer;
He addresses any ORDER/SUGGESTION to any JUDICIAL authority;
w/c RELATES to any case/business coming w/in the EXCLUSIVE JURISDICTION of the courts of justice,