Crimes Committed by

Public Officers

Revised Penal Code Articles 203 to 245

Anti-Graft and Corrupt Practices Act R.A. 3019
Act Defining and Penalizing the Crime of Plunder R.A. 7080
Human Security Act - R.A. 9372
Anti Torture Act of 2009 - R.A. 9745
Who are Public Officers?

 Article 203
 “Any person, who, by direct provision of law, popular election or appointment by competent
authority, shall take part in the performance of public functions in the Philippine Government,
or shall perform in said government or any of its branches, public duties as an employee,
agent or subordinate official or any rank or class."
 Refers to every public servant from the highest to the lowest. For the purposes of the
Penal Code, it obliterates the standard distinction in the law of public officers between
"officer" and "employee". (Maniego v. People, G.R. No. L-2971)
What are the Crimes Committed by Public
Officers?

 Malfeasance and Misfeasance by Public Officers

 Bribery
 Frauds and Illegal Exactions
 Malversation of Public Funds and Property
 Infidelity of Public Officers
 Other offenses and irregularities of Public Officers.
Malfeasance, Misfeasance

Revised Penal Code Articles 204 to 209

Malfeasance and Misfeasance in
Office

 Article 204 punishes judges who knowingly render unjust

judgments. In order to be liable, it is necessary that the
offender is a judge, who renders a judgment in the case
submitted to him for decision; and such judgment is
unjust and that the judge knows that the judgment is
unjust.
 Article 205 penalizes judges who render judgment
through negligence.
 Article 206 punishes judges who render unjust
interlocutory orders.
 Article 207 prohibits malicious delay in the
administration of justice by penalizing judges who delays
the administration of justice in a proceeding in his court.
Malfeasance and Misfeasance in
Office

 Under Article 208 of the RPC, the prohibited acts are:

 That the offender is a public officer or officer of the law who has a duty to cause the
prosecution of, or to prosecute offenses.
 That there is dereliction of the duties of his office, that is, knowing the commission of the
crime, he does not cause (a) the prosecution of the criminal or (b) knowing that a crime is
about to be committed he tolerates its commission
 That the offender acts with malice and deliberate intent to favor the violator of the law.
 Article 209 otherwise known as Betrayal of Trust by an Attorney or Solicitor.
Direct Bribery, Indirect
Bribery, Graft &
Corruption

Revised Penal Code Articles 210 to 212

Anti-Graft and Corrupt Practices Act R.A. 3019
Bribery

 Articles 210 defines direct bribery as acts committed by any public officer,
wherein he/she shall do any of the following:
 Agree to perform an act constituting a crime, in connection with the performance of
his official duties, in consideration of any offer, promise, gift or present received by
such officer, personally or through the mediation of another;
 By accepting the gift in consideration of the execution of an act which does not
constitute a crime;
 The gift received or promised was to make the public officer refrain from doing
something it was his official duty to do so.
 Article 211 defines indirect bribery as any public officer who shall accept gifts
offered to him by reason of his office.
 Article 211-A, otherwise known as Qualified Bribery. In order to be liable under this
Article, it is essential that the offender is a public officer entrusted with law
enforcement; and that he refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death; and that the
offender refrains from arresting or prosecuting the offender in consideration of any
promise, gift or present.
Bribery

 Article 212 or Corruption of Public Officers, penalizes persons who offer or promise
gifts or presents to a public officer and that the offers or promises were made or the or
the gifts or presents given to a public, officer, under circumstances that will make the
public officer liable for direct bribery or indirect bribery.
Anti-Graft and Corruption Act
 Section 3
 Persuading, inducing or influencing another public official officer to perform an act constituting a violation
of rules and regulations duly promulgated by competent authority or an offense in connection with the
official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such
violation or offense.
 Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or
for any other person, in connection with any other contract or transaction between the government and
any other party, wherein the public officer in his official capacity has to intervene under the law.
 Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for
himself or for another , from any person for whom the public officer, in any manner or capacity has
secured or obtained, or will secure or obtain, any government permit or license, in consideration for the
help given or to be given, without prejudice to Sec. 13 of this act.
 Accepting or having any member of his family accept employment in a private enterprise which has
pending official business with him during the pendency thereof or within 1 year after his termination.
 Causing any undue injury to any party, including the government, or giving any private party any
unwarranted benefits, advantage or preference in the discharge of his administrative or judicial functions
through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to
officers and employees of offices or Government corporations charged with the grant of licenses or permits
or other concessions.
Anti-Graft and Corruption Act
 Neglecting or refusing, after due demand or request, without sufficient justification, to act within reasonable time on any
matter pending before him for the purpose of obtaining, directly or indirectly , from any person interested in the matter some
pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in
favor of or discriminating against any other interested party.
 Entering on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.
 Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which
he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by law from having any
interest.
 Directly or indirectly becoming interested, for personal gain, or having material interest in any transaction or act requiring
the approval of a board, panel or group which he is a member; and which exercises discretion in such approval, even if he
votes against the same or does not participate in the action of the board, committee, panel or group.
 Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful,
inequitable, or irregular transactions or acts by the board, panel or group to which they belong.
 Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally
entitled to such license, permit, privilege or advantage, or of a mere representative or dummy of one who is not qualified or
entitled.
 Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position
to unauthorized persons, or releasing such information in advance of its authorized date.
 Prohibition on Private Individuals from taking advantage of family or personal close relation with public official;
and knowingly induce or cause any public official to commit any of the offenses defined in Section 3.
Anti-Graft and Corruption Act

 The spouse or any relative, by consanguinity, within the 3rd civil degree, of the
President, the Vice- President, Senate President, or the Speaker of the House of
Representatives is prohibited to intervene directly or indirectly, in any business,
transaction, contract or application with the government.
 Exceptions which are: 
1. Any person who prior to the assumption of office of any of those officials to whom he is related, has
been already dealing with the government along the same line of business, nor to any transaction,
contract or application already existing or pending at the time of such assumption of public office;
2. Any application filed by him, approval of which is discretionary on the part of official or officials
concerned depends upon compliance with requisites provided by law, or rules or regulations issued
pursuant to law.
3. Any act lawfully performed in an official capacity or in the exercise of a profession.
Anti-Graft and Corruption Act

 Members of Congress during their term are also prohibited to acquire or receive any
personal pecuniary interest in any specific business enterprise which will be directly &
particularly favored or benefited by any law or resolution authored by them. The
prohibition shall also apply to any public officer who recommended the initiation in
Congress of the enactment or adoption of any law or resolution and acquires or
receives any such interest during his incumbency. The member of Congress or other
public officer, who, having such interest prior to the approval of a law or resolution
authored or recommended by him, continues for thirty days after such approval to
retain his interest also violates this section.
RPC Direct Bribery vs Anti-Graft and
Corruption Act

 A comparison of the elements of the crime of direct bribery defined and punished under Article
210 of the Revised Penal Code and those of violation of Section 3(b) of RA 3019 shows that
there is neither identity nor necessary inclusion between the two offenses.
 While they have common elements, not all the essential elements of one offense are included
among or form part of those enumerated in the other. Whereas the mere request or demand of
a gift, present, share, percentage or benefit is enough to constitute a violation of Section 3(b) of
RA 3019, acceptance of a promise or offer or receipt of a gift or present is required in direct
bribery.
 The ambit of Section 3(b) of RA 3019 is specific. It is limited only to contracts or transactions
involving monetary consideration where the public officer has the authority to intervene under
the law. Direct bribery, on the other hand, has a wider and more general scope: (a) performance
of an act constituting a crime; (b) execution of an unjust act which does not constitute a crime
and (c) agreeing to refrain or refraining from doing an act which is his official duty to do.
Frauds, Illegal Exactions

Revised Penal Code Articles 213 to 216

Frauds and Illegal Exactions

 Articles 213
 Fraud against Public Treasury
 Fraud against illegal exactions
 Article 214 provides for an additional penalty to be imposed upon public officers who takes
advantage of their official position in committing any of the frauds or deceits enumerated in the
provisions of Chapter Six, Title Ten, Book Two of the RPC.
 Estafa (Article 315),
 Other forms of swindling (Article 316)
 Swindling a minor (Article 317)
 Other deceits (Article 318)
 The additional penalty to be imposed is temporary special disqualification in its maximum period to
perpetual special disqualification.
Frauds and Illegal Exactions

 Article 215 - Prohibited transactions

 Committed by an appointive public officer who, during is incumbency, directly or indirectly
become interested in any transaction of exchange or speculation within the territory under his
jurisdiction.
 Article 216 - Possession of prohibited interest by a public officer
 Committed by a public officer when he directly or indirectly becomes interested in any
contract or business in which it his official duty to intervene.
Malversation of Public
Funds and Property,
Plunder

Revised Penal Code Articles 217 to 222

RA 7080 An Act Defining and Penalizing the Crime of Plunder
Malversation of Public Funds &
Property

 Articles 217 - Simple Malversation

 Article 218 – Failure of Accountable Officer to Render
Accounts
 Article 219 - likewise penalizes public officers who
unlawfully leaves or attempts to leave the country without
securing a certificate from the Commissioner on Audit
showing that his accounts have been finally settled.
 Article 220 - Technical Malversation
 Article 221 - Failure to make delivery of public funds or
property
 Article 222 - punishes private individuals for malversation
of public fund.
Plunder

 Plunder is committed by any public officer who, by himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through
a combination or series of overt or criminal acts in the aggregate amount or total value of at least Fifty million pesos
(P50,000,000.00).
 Section 1 (d)
 Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
 By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any
person and/or entity in connection with any government contract or project or by reason of the office or position of the public officer
concerned;
 By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any of its subdivisions, agencies or
instrumentalities or government-owned or -controlled corporations and their subsidiaries;
 By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including
promise of future employment in any business enterprise or undertaking;
 By establishing agricultural, industrial or commercial monopolies or other combinations and/or implementation of decrees and orders
intended to benefit particular persons or special interests; or
 By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at
the expense and to the damage and prejudice of the Filipino people and the Republic of the Philippines.
RA 7080 An Act Defining the Crime of
Plunder

 Punishes any person who participated with the said public officer in the commission of
an offense contributing to the crime of plunder.
 Section 4 of the same act also provides that it shall not be necessary to prove each
and every criminal act done by the accused in furtherance of the scheme or
conspiracy to amass, accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspiracy.
Infidelity of Public Officers

Revised Penal Code Articles 223 to 230

Infidelity of Public Officers

 Infidelity in the custody or prisoners (Articles 223 to 225)

 Article 223 penalizes a public officer who consents to the escape
of a prisoner in his custody/charge
 Article 224 penalizes public officer wherein the prisoner under
his custody escapes through the public officer’s negligence
 Article 225 penalizes any private person to whom
conveyance/custody of a prisoner is confided wherein the
prisoner escapes either through consent or negligence of the
private person.
Infidelity of Public Officers

 Infidelity in the custody of document (Articles 226 to 230)

 Article 226 prohibits the public officers from removing, destroying or concealing documents or
papers officially entrusted to them where damage to a third party or to the public interest is
essential.
 Article 227 prohibits a public officer charged with the custody of papers or property sealed by
proper authority, from breaking or permitting to be broken such seal Article 228.
 Article 228 prohibits a public officer not charged with the custody of papers or property and,
without proper authority, opens or permit to be opened any closed papers, documents or
objects entrusted to him.
Infidelity of Public Officers

 Revelation of Secrets
 Article 229 states that a public officer who shall reveal any secret known to him by reason of
his official capacity, or shall wrongfully deliver papers or copies of papers of which he may
have charge and which should not be published
 Article 230 penalizes a public officer to whom the secrets of any private individual is known by
reason of his office and such offender reveal the secrets.
Other Offenses and
Irregularities by Public
Officers
RPC Articles 231 to 245
Human Security Act - R.A. 9372; Anti Torture Act of 2009 - R.A. 9745
Disobedience and Refusal of
Assistance

 Article 231 otherwise known as Open Disobedience, penalizes a judicial or executive officer who, without
any legal justification openly refuses to execute a judgment, decision, or order, which he is duty bound
to obey, of a superior authority made within the scope of the jurisdiction of the superior authority and
issued with all legal formalities.
 Article 232 or Disobedience to order of superior officer when said order was suspended by inferior officer,
punishes public officer who suspends the execution of a superior’s order and that his superior
disapproves the suspension of the execution of the order.
 Article 233 penalizes any public officer who, refuses assistance provided that a competent authority
demands from the offender that he lends his cooperation towards the administration of justice or other
public service; and that the offender maliciously disobeys; and that there must be damage to public
interest or to a third party.
 Article 234 prohibits a public officer elected by popular election to a public office who refuses to be
sworn in or to discharge the duties of said office and that there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
Maltreatment of Prisoners

 Article 235, RPC

 Anti-Torture Act (RA 9745)
 Sections 4
 Physical Torture
 Mental/Psychological Torture
 Section 5
 Human Security Act (RA 9372)
 Section 25
Anticipation, prolongation and
abandonment of duties and powers of
public office

 Article 236 penalizes public officers (elected or appointed) anticipates his duties of
public office by assuming the performance of the duties and powers of such office; and
that he has not yet taken his oath of office and/or given the bond required by law.
 Article 237 penalizes public officers who continues to exercise the duties and powers
of such office and that the period provided by law, regulation or special provision for
holding such office, has already expired.
 Article 238 penalizes public officers who abandons their office to the detriment of
public service, wherein his formal resignation has not yet been accepted still he
abandons his office.
Usurpation of Powers and Unlawful
Appointments

 Usurpation of Powers
 Article 239 penalizes a public officer who makes general rules or regulations beyond the
scope of his authority; who attempts to repeal a law; or suspends the execution thereof.
 Article 240 penalizes judges who assume powers pertaining to the executive authorities or
obstructs the executive authorities in the exercise of their powers.
 Article 241 penalizes an officer of the executive branch of the government who assumes
judicial powers; or obstructs the execution of any order or decision rendered by any Judge
within his jurisdiction.
Usurpation of Powers and Unlawful
Appointments

 Disobeying request for disqualification

 Article 242 penalizes a public officer, where a proceeding is pending before him and there is a question
brought before the proper authority regarding his jurisdiction, which is not yet decided has been
lawfully required from continuing the proceeding; yet still he continues the proceeding. Revised Penal
Code, art. 242.
 Orders or Requests by Executive Officers to any Judicial Authority
 Article 243 prohibits an Executive officer who addresses any order or suggestion to any judicial
authority wherein the order or suggestion relates to any case or business coming within the exclusive
jurisdiction of the courts of justice.
 Unlawful Appointments
 Article 244 penalizes a public officer who nominates or appoints a person to a public office and the
nominee/appointee lacks the legal qualifications therefor which the public officer knows at the time he
made the nomination/appointment.
Abuses against Chastity

 Article 245
 A public officer solicits or makes immoral/indecent advance to a woman interested in matters
pending before the offending officer for decision, or with respect to which he is required to
submit a report to or consult with a superior officer; or on a woman under the custody of the
offender who is a warden or another public officer directly charged with the care and custody
of prisoners or persons under arrest (detainees); or on the wife, daughter, sister, or relative
within the same degree by affinity of the person in the custody of the offender.