Title Seven

CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIMINARY PROVISIONS
Art. 203. Who are public officers. For the purpose of applying the provisions of this and the
preceding titles of this book, any person who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of public functions in the
Government of the Philippine Islands, of shall perform in said Government or in any of its branches
public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be
a public officer.
Requisites:
To be a public officer one must be
1. Taking part in the performance of public functions in the government, or performing in said
Government or in any of its branches public duties as an employee, agent or subordinate official, of
any rank or class; and
2. That his authority to take part in the performance of public functions or to perform public duties
must be
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent authority.
- The term public officers embraces every public servant from the highest to the lowest. For the
purposes of the RPC, it obliterates the standard distinction in the law of public officers between
officer and employee.
- Temporary performance of public functions by a laborer makes him a public officer.
CHAPTER TWO: MALFEASANCE ANDISFEASANCE IN OFFICE (ARTS. 204-212)

SECTION ONE: DERELICTION OF DUTY

Misfeasance improper performance of some act which might lawfully be done.
Malfeasance the performance of some act which ought not to be done.
Nonfeasance omission of some act which ought to be performed.
Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. Dereliction of duty
Art. 204. Knowingly rendering unjust judgment. Any judge who shall knowingly render an
unjust judgment in any case submitted to him for decision, shall be punished by prision mayor and
perpetual absolute disqualification.
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is unjust;
4. That the judge knows that his judgment is unjust.
Judgment the final consideration and determination of a court of competent jurisdiction upon the
matters submitted to it, in an action or proceeding.
Unjust judgment is one which is contrary to law, or is not supported by evidence, or both
Sources of unjust judgment:
1. Error, or
2. Ill-will or revenge, or
3. Bribery
- There is no liability at all for a mere error in good faith.
-There must be evidence that the judgment is unjust for it cannot be presumed. The Supreme Court must
have declared the judgment as unjust in a certiorari, prohibition, or administrative proceeding.

Art. 205. Judgment rendered through negligence. Any judge who, by reason of inexcusable
negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for
decision shall be punished by arresto mayor and temporary special disqualification.
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to him for decision;
3. That the judgment is manifestly unjust;
4. That it is due to his inexcusable negligence or ignorance.
Manifestly Unjust Judgment - It is so manifestly contrary to law, that even a person having a
meager knowledge of the law cannot doubt the injustice.
- Abuse of discretion or mere error of judgment is NOT punishable.
Art. 206. Unjust interlocutory order. Any judge who shall knowingly render an unjust
interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and
suspension; but if he shall have acted by reason of inexcusable negligence or ignorance and the
interlocutory order or decree be manifestly unjust, the penalty shall be suspension.
Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or decree, or
b. Renders a manifestly unjust interlocutory order or decree through inexcusable negligence or
ignorance.
Interlocutory order an order which is issued by the court between the commencement and the end
of a suit or action and which decides some point or matter, but which, however, is not a final decision
of the matter in issue.
Test: Does it leave something to be done in the trial court with respect to the merits of the case? If it
does, it is interlocutory; if it does not, it is final.

Art. 207. Malicious delay in the administration of justice. The penalty of prision correccional in
its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of
justice.
Elements:
1. That the offender is a judge;
2. That there is a proceeding in court.
3. That he delays the administration of justice;
4. That the delay is malicious, that is, the delay is caused by the judge with deliberate intent to inflict
damage on either party in the case.
- Mere delay without malice is NOT a felony under this article.
- If the delay is NOT malicious, but committed through gross negligence, the crime committed is that
under RA 3019, Sec. 3(e).
Art. 208. Prosecution of offenses; negligence and tolerance. The penalty of prision correccional
in its minimum period and suspension shall be imposed upon any public officer, or officer of the law,
who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for
the punishment of violators of the law, or shall tolerate the commission of offenses.
Elements:
1. That the offender is a public officer who has a duty to cause the prosecution of, or to prosecute offenses;
2. That knowing the commission of the crime, he does not cause the prosecution of the criminal or
knowing that a crime is about to be committed he tolerates its commission;
3. That the offender acts with malice and deliberate intent to favor the violator of the law.
- The guilt of the offender is a prejudicial question to the liability of the officer charged under this provision.
Who Can Be Offenders in Art. 208?
1. Public officer. Officers of the prosecution department, whose duty is to institute criminal
proceedings upon being informed
2. Officer of the law. By reason of position held by them are duty-bound to cause prosecution and
punishment of offenders.
Note:
Any person who solicits, accepts, or agrees to accept any benefit in consideration of abstaining from, discounting,
or impeding the prosecution of a criminal offender is liable under PD 1829.

Art. 209. Betrayal of trust by an attorney or solicitor. Revelation of secrets. In addition to the
proper administrative action, the penalty of prision correccional in its minimum period, or a fine
ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor
(procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence
or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his
professional capacity.
The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who,
having undertaken the defense of a client or having received confidential information from said client
in a case, shall undertake the defense of the opposing party in the same case, without the consent of his
first client.
Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance
- If no damage is caused, attorney may be held administratively or civilly liable.
2. Revealing any of the secrets of his client learned by him in his professional capacity
- Damage is NOT necessary.
3. Undertaking the defense of the opposing party in the same case without the consent of his first client
after having undertakenthe defense of said first client or after having received confidential information
from said client
- If the client consents to the attorneys taking the defense of the other party, there is no crime.
Procurador judicial a person who had some practical knowledge of law and procedure, but not a
lawyer, and was permitted to represent a party in a case before an inferior court.
Section Two. Bribery
Art. 210. Direct bribery. Any public officer who shall agree to perform an act constituting a crime,
in connection with the performance of this official duties, in consideration of any offer, promise, gift or
present received by such officer, personally or through the mediation of another, shall suffer the
penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value of
the gift and] not less than three times the value of the gift in addition to the penalty corresponding to
the crime agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the
preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the
penalties of prision correccional, in its medium period and a fine of not less than twice the value of
such gift.
If the object for which the gift was received or promised was to make the public officer refrain from
doing something which it was his official duty to do, he shall suffer the penalties of prision
correccional in its maximum period and a fine [of not less than the value of the gift and] not less than
three times the value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of
special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators,
appraisal and claim commissioners, experts or any other persons performing public duties. (As
amended by Batas Pambansa Blg. 872, June 10, 1985).
Acts Punished
1. By agreeing to perform, or by performing in consideration of any offer, promise, gift or present, an
act constituting a crime, in connection with the performance of official duties.
- The acceptance of the offer or promise is enough to consummate the crime. Absent such
acceptance, only the person making the offer or promise is liable for Attempted Corruption of a
Public Officer.
2. By accepting a gift in consideration of the execution of an actwhich does not constitute a crime, in
connection with the performance of his official duty.
- The gift must be accepted by the public officer.
- The act must be unjust.
3. By agreeing to refrain, or by refraining , from doing something which it is his official duty to do, in
consideration of a gift or promise.
- The third form of direct bribery differs from prevaricacion in that in bribery, the offender
refrained from doing his official duty in consideration of a gift received or promised. This
element is not necessary in the crime of prevaricacion.
Elements of direct bribery:
1. That the offender be a public officer;
2. That the offender accepts an offer or a promise or receives a gift or present by himself or through
another;
3. That such offer or promise be accepted, or gift or present received by the public officer
a. With a view to committing some crime;
b. In consideration of the execution of an act which does not constitute a crime, but the act must be unjust;
c. To refrain from doing something which it is his official duty to do;
4. That the act which the offender agrees to perform or which he executes be connected with the
performance of his official duties.
- The provisions of Art. 210 are made applicable to assessors, arbitrators, appraisal and claim
commissioners, experts or any other persons performing public duties. (Art. 210, last par.)
- For the purpose of punishing bribery, the temporary performance of public functions is sufficient to
constitute a person a public officer.
Art. 211. Indirect bribery. The penalties of prision correccional in its medium and maximum
periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to
him by reason of his office. (As amended by Batas Pambansa Blg. 872, June 10, 1985).
Elements:
1. That the offender is a public officer;
2. That he accepts gifts;
3. That the said gifts are offered to him by reason of his office.
- There is no attempted or frustrated indirect bribery because it is committed by accepting gifts offered
to the public officer by reason of his office. If he does not accept the gifts, he does not commit the
crime. If he accepts the gifts, it is consummated.
- It is considered indirect bribery even if there was a sort of an agreement between public officer and
giver of gift.
- Receiving of gifts by public officials and employees, and giving of gifts by private persons, on any
occasion, including Christmas is punishable.
Note: PD 46 punishes:
1. Any public official or employee who receives, directly or indirectly; and
2. Any private person who gives, or offers to give:
- Any gift, present or other valuable thing to any occasion, when such gift, present or other
valuable thing is given by reason of the formers official position, whether the same is for past
favors or the giver hopes or expects to receive a favor or better treatment in the future from the
public official or employee concerned in the discharge of his official functions
Included within the prohibition is the throwing of parties or entertainments in honor of the official or
employees or his immediate relatives.
Art. 211-A. Qualified Bribery. If any public officer is entrusted with law enforcement and he
refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty
for the offense which was not prosecuted.
If it is the public officer who asks for demands such gift or present, he shall suffer the penalty of death.
(As added by Republict Act No. 7659)
Elements:
1. That the offender is a public officer entrusted with law enforcement;
2. That the offender refrains from arresting or prosecuting an offender who has committed a crime
punishable by reclusin perpetua and/or death;
Note:
If the crime committed is punishable by a penalty less than reclusion perpetua, the public
officer is liable under Article 208 and direct bribery.
3. That the offender refrains from arresting or prosecuting the offender in consideration of any promise,
gift or present.
The guilt of the offender is a prejudicial question to the liability of the officer charged under this
provision.

Art. 212. Corruption of public officials. The same penalties imposed upon the officer corrupted,
except those of disqualification and suspension, shall be imposed upon any person who shall have
made the offers or promises or given the gifts or presents as described in the preceding articles.
Elements:
1. That the offender makes, offers or promises or gives gifts or presents to a public officer; and
2. That the offers or promises are made 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.
- This article is concerned with the liability of the person who shall have made the offers or promises or
given the gifts to the public officer.
- The crime is attempted if the offer, promise, gift or present was refused and consummated if accepted.
- PD 749 grants immunity from prosecution to givers of bribes and other gifts and to their accomplices
if they willingly testify against public officers or employees in bribery and other graft cases. For the
immunity to be enjoyed, the following conditions must concur:
a. The information must refer to consummated violations of any of the provisions of law, rules
and regulations mentioned in PD 749;
b. The information and testimony are necessary for the conviction of the accused public
officer;
c. Such information and testimony are not yet in the possession of the State
d. Such information and testimony can be corroborated on its material points;
e. The informant or witness has not been previously convicted of a crime involving moral
turpitude.
REPUBLIC ACT NO. 3019
As amended by RA 3047, PD 77, and BP
195 Anti-Graft and Corrupt Practices Act
Section 2. Definition of Terms
Government the national government, the local government, the GOCCs and all other
instrumentalities or agencies of the government.
Public officer elective and appointive officials and employees, permanent or temporary, whether in
the classified or unclassified or exempt services receiving compensation, even nominal from the
government.
Receiving any gift- accepting directly or indirectly a gift from a person other than a member of the
public officer's immediate family, in behalf of himself or of any member of his family or relative
within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family
celebration or national festivity like Christmas, if the value of the gift is under the circumstances
manifestly excessive.
Section 3. Corrupt Practices of Public Officials:
The corrupt practices herein enumerated are in addition to acts or omissions of public officers already
penalized by existing law.
1. Persuading, inducing or influencing another public 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.
Persons Liable:
a. Public officer who persuades, induces, or influences another public officer.
b. Public officer who is persuaded, induced or influenced.
2. 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
- The lack of demand is immaterial. After all, Sec. 3(b) of RA 3019 uses the word or between
requesting and receiving.
- There must be a clear intention on the part of the public officer to take the gift so offered and consider
it as his or her own property from then on. Mere physical receipt unaccompanied by any other sign,
circumstance or act to show acceptance is not sufficient to lead the court to conclude that the crime has
been committed.
3. 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.
4. 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.
5. 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
- To be held liable under said section, the act of the accused which caused undue injury must have been
done with manifest partiality, evident bad faith or gross inexcusable negligence.
- If the act was committed with malice, the crime committed may be that under Article 207 (malicious
delay in the administration of justice) of the RPC.
Gross negligence - Negligence characterized by the want of even slight care, acting or omitting to act
in a situation where there is a duty to act, not inadvertently but willfully and intentionally with a
conscious indifference to consequences in so far as other persons may be affected. It is the omission of
that care which even inattentive and thoughtless men never fail to take on their property.
- In case of public officials, there is gross negligence when a breach of duty is flagrant and palpable.
6. 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.
7. 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.
- It is not necessary that the public officer profited or will profit from the contract or transaction. It is
the commission of the act as defined by law and not the character thereof that determines whether the
provision has been violated.
8. 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.
9. 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.
10. 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.
11. 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.
- If damage was caused, Article 229 (revelation of secrets by an officer) under the RPC is committed.

Section 4.
Prohibition on Private Individuals
1. Taking advantage of family or close personal relation with public official is punished.
Family relation- include the spouse or relatives by consanguinity or affinity in the third civil degree.
Close personal relation- include close personal friendship, social and fraternal connections, and
professional employment all giving rise to intimacy which assures free access to such public officer.
2. Knowingly inducing or causing any public official to commit any of the offenses defined in Section
3.
Section 5. Prohibition on certain relatives
The spouse or any relative, by consanguinity or affinity, 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 to the provisions:
a. 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.
b. Any application filed by him, the approval of which is not discretionary on the part of the official or
officials concerned but depends upon compliance with the requisites provided by law, or rules
or regulations issued pursuant to law.
c. Any act lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress
- Members of Congress during their term are prohibited to acquire or receive any personal pecuniary
interest in any specific business enterprise which will be directly and 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.
Section 8. Prima facie evidence of and dismissal due to unexplained wealth
- A public official who has been found to have acquired during his incumbency, whether in his name or
the name of other persons, an amount of property and/or money manifestly out of proportion to his
salary and to his lawful income (RA 1319).
- Ground for forfeiture of unexplained wealth
Section 11. Prescription of offenses
15 years prescriptive period of all offenses under the Act
Section 12. Termination of office
No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative or
2. Pending a prosecution against him
3. For any offense under the Act or under the provisions of the RPC on Bribery
Section 14. Exception
Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of
gratitude of friendship according to local custom or usage.

REPUBLIC ACT NO. 7080 ANTI-PLUNDER ACT

Means or schemes to acquire ill-gotten wealth:
1. Through misappropriation, conversion, misuse or malversation of public funds or raids on the public
treasury;
2. By receiving directly or indirectly, any commission, gift, share, percentage or any other form of
pecuniary benefit from any person and/or entity in connection with any government contract/project or
by reason of his office/position;
3. By the illegal or fraudulent conveyance or disposition of assets belonging to the government;
4. By obtaining, receiving or accepting, directly or indirectly, any shares of stock, equity or any other
form of interest or participation including the promise of future employment in any business enterprise
or undertaking;
5. By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementing decrees and orders intended to benefit particular persons or special interests;

6. By taking undue advantage of official position, authority, relationship, connection or influence to

unjustly enrich himself or themselves.
- These should be committed by a combination or through a series of acts.
- There should be at least two acts otherwise the accused should be charged with the particular crime
committed and not with plunder.
A COMBINATION - means at least two acts of a different category while a SERIES means at least
two acts of the same category.
Section 2. Definition of the Crime of Plunder; Penalties Plunder
- A crime committed by any public officer, by himself , or in connivance with his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons, by amassing,
accumulating or acquiring ill-gotten wealth in the aggregate amount or total value of at least 50
million pesos.
Penalty: Reclusion Perpetua to Death
- Mitigating and extenuating circumstances shall be considered by the courts in the imposition of
penalty.
Section 4. Rule of Evidence
- It is NOT necessary to prove each and every criminal act done. A pattern of overt or criminal acts
indicative of the over-all unlawful scheme or conspiracy shall be sufficient.
Section 6. Prescription of Crimes
- The crime punishable under this Act shall prescribe in 20 years. However, the right of the State to
recover properties unlawfully acquired by public officers from them or from their nominees or
transferees shall not be barred by prescription or laches or estoppel.
- Plunder is a crime malum in se because the constitutive crimes are mala in se. The elements of mens
rea must be proven in a prosecution for plunder
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Art. 213. Frauds against the public treasury and similar offenses. The penalty of prision
correccional in its medium period to prision mayor in its minimum period, or a fine ranging from 200
to 10,000 pesos, or both, shall be imposed upon any public officer who:
1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts relating to public property or funds, shall enter
into an agreement with any interested party or speculator or make use of any other scheme, to defraud
the Government;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any
of the following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums different from or larger than those
authorized by law.
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially.
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a
nature different from that provided by law.
When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of
Customs, the provisions of the Administrative Code shall be applied.
Elements of frauds against public treasury (Par. 1):
1. That the offender be a public officer;
2. That he should have taken advantage of his office, that is, he intervened in the transaction in his
official capacity;
3. That he entered into an agreement with any interested party or speculator or made use of any other
scheme with regard to:
a. Furnishing supplies
b. The making of contracts,
c. The adjustment or settlement of accounts relating to public property or funds
4. That the accused had intent to defraud the Government.

- The offender must have the duty as public officer to deal with any person with regard to furnishing
supplies, making of contracts, or the adjustments or settlement of accounts relating to public property
or funds.

- This crime is consummated by merely entering into an agreement with any interested party or
speculator or by merely making use of a scheme to defraud the government. It is not necessary that the
government is actually defrauded by reason of the transaction. It is sufficient that the public officer
who acted in his official capacity had the intent to defraud the Government.
Elements of illegal exactions (Pars. 2-4):
1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other
imposts;
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of sums different from or larger than those authorized by law;
b. Failing voluntarily to issue a receipt, as provided by law , for any sum of money collected by him officially;
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature
different from that provided by law.
- Mere demand for larger or different amount is sufficient to consummate a crime.
- When there is deceit in demanding a greater fee than those prescribed by law, the crime committed is
estafa and not illegal exaction.
- A tax collector who collected a sum larger than that authorized by law and spent the same is guilty of
illegal exaction and malversation.
- Officers or employees of the Bureau of Internal Revenue or Bureau of Customs are not covered by
this article. The National Internal Revenue Code or the Administrative Code applies.
Art. 214. Other frauds. In addition to the penalties prescribed in the provisions of Chapter Six,
Title Ten, Book Two, of this Code, the penalty of temporary special disqualification in its maximum
period to perpetual special disqualification shall be imposed upon any public officer who, taking
advantage of his official position, shall commit any of the frauds or deceits enumerated in said
provisions.
Elements:
1. That the offender is a public officer;
2. That he takes advantage of his official position;
3. That he commits any of the frauds or deceits enumerated in Arts. 315 to 318 (estafa, other forms of
swindling, swindling a minor, and other deceits).
- The penalty under this article is in addition to the penalties prescribed in the Articles violated.
- Not a crime but considered as a special aggravating circumstance

Art. 215. Prohibited transactions. The penalty of prision correccional in its maximum period or a
fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer
who, during his incumbency, shall directly or indirectly become interested in any transaction of
exchange or speculation within the territory subject to his jurisdiction.
Elements:
1. That the offender is an appointive public officer;
Examples: justices, judges or fiscals, employees engaged in the collection and administration
of public funds
2. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation;
3. That the transaction takes place within the territory subject to his jurisdiction;
4. That he becomes interested in the transaction during his incumbency.
- The transaction must be one of exchange or speculation, such as buying stocks and selling stocks,
commodities, land, etc., hoping to take advantage of an expected rise and fall in price.
- Purchasing of stocks or shares in a company is simply an investment and is not a violation of the
article. But buying regularly securities for resale is speculation.
Art. 216. Possession of prohibited interest by a public officer. The penalty of arresto mayor in its
medium period to prision correccional in its minimum period, or a fine ranging from 200 to 1,000
pesos, or both, shall be imposed upon a public officer who directly or indirectly, shall become
interested in any contract or business in which it is his official duty to intervene.
This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall
take part in any contract or transaction connected with the estate or property in appraisal, distribution
or adjudication of which they shall have acted, and to the guardians and executors with respect to the
property belonging to their wards or estate.
- Actual fraud is NOT necessary, the act is punished because of the possibility that fraud may be
committed or that the officer may place his own interest above that of the government or party which
he represents.
-Intervention must be by virtue of public office held. The official who intervenes in contracts which
have no connection with his office cannot commit the crime defined under this Article.
Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Art. 217. Malversation of public funds or property; Presumption of malversation. Any public
officer who, by reason of the duties of his office, is accountable for public funds or property, shall
appropriate the same or shall take or misappropriate or shall consent, through abandonment or
negligence, shall permit any other person to take such public funds, or property, wholly or partially, or
shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall
suffer:
1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in
the misappropriation or malversation does not exceed two hundred pesos.chanrobles virtual law library
2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more
than two hundred pesos but does not exceed six thousand pesos.chanrobles virtual law library
3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if
the amount involved is more than six thousand pesos but is less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is
more than twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the
latter, the penalty shall be reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special
disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the
property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with which he is
chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put
such missing funds or property to personal use. (As amended by RA 1060).
Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by reason of the duties of his office
3. That those funds or property were public funds or property for which he was accountable
4. That he appropriated, took, misappropriated or consented, or through abandonment or negligence,
permitted another person to take them.
Custody - means guarding or keeping safe; care
- Funds or property must be received in official capacity. Hence, if the public officer had no authority
to receive the money and he misappropriated the same, the crime is estafa, not malversation.
- The penalty for malversation is the same whether committed with malice or through negligence or
imprudence.
- Nature of the duties of the public officer, not the name of the office, is controlling.
Malversation may be committed by private individuals in the following cases:
1. Those in conspiracy with public officers guilty of malversation
2. Those who are accessory or accomplice to a public officer
3. Custodian of public funds or property in whatever capacity
4. Depositary or administrator of public funds or property.

Presumption
When demand is made to the accountable officer to account for the funds and property and the same is
not forthcoming, this shall be a prima facie evidence that he has put such missing funds or property to
personal use.
- The return of the funds malversed is onlymitigating, not exempting circumstance.
- Demand is NOT necessary in malversation. Damage to the government is also not necessary.
Malversation is principally distinguished from estafa by:
1. The public or private character of the accused.
2. The nature of the funds.
3. The fact that conversion is not required in malversation.
4. The rule that there is no need of prior demand in malversation.
5. The absence of a requirement of damage in malversation.
Art. 218. Failure of accountable officer to render accounts. Any public officer, whether in the
service or separated therefrom by resignation or any other cause, who is required by law or regulation
to render account to the Insular Auditor, or to a provincial auditor and who fails to do so for a period of
two months after such accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.
Elements:
1. That the offender is a public officer, whether in the service or separated therefrom.
2. That he must be an accountable officer for public funds or property.
3. That he is required by law or regulation to render accounts to the Commission on Audit, or to a
provincial auditor.
4. That he fails to do so for a period of two months after such accounts should be rendered.
- Demand for accounting is NOT necessary.
- It is NOT necessary that there be misappropriation. If there is misappropriation, he would be liable
also for malversation under Art. 217.

Art. 219. Failure of a responsible public officer to render accounts before leaving the country.
Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a
certificate from the Insular Auditor showing that his accounts have been finally settled, shall be punished
by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both.
Elements:
1. That the offender is a public officer;
2. That he must be an accountable officer for public funds or property;
3. That he must have unlawfully left (or be on the point of leaving) the Philippines without securing
from the Commission on Audit a certificate showing that his accounts have been finally settled.
Art. 220. Illegal use of public funds or property. Any public officer who shall apply any public
fund or property under his administration to any public use other than for which such fund or property
were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum
period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such
misapplication, any damages or embarrassment shall have resulted to the public service. In either case,
the offender shall also suffer the penalty of temporary special disqualification.
If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to
50 per cent of the sum misapplied.
Elements:
1. That the offender is a public officer;
2. That there is a public fund or property under his administration;
3. That such public fund or property has been appropriated by law or ordinance;
4. That he applies the same to a public use other than that for which such funds or property has been
appropriated by law or ordinance.
- The crime under this Article is also referred to as TECHNICAL MALVERSATION.

Art. 221. Failure to make delivery of public funds or property. Any public officer under
obligation to make payment from Government funds in his possession, who shall fail to make such
payment, shall be punished by arresto mayor and a fine from 5 to 25 per cent of the sum which he
failed to pay.
This provision shall apply to any public officer who, being ordered by competent authority to deliver
any property in his custody or under his administration, shall refuse to make such delivery.
The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50
pesos.
Acts Punished
1. By failing to make payment by a public officer who is under obligation to make such payment from
Government funds in his possession.
Elements:
a. Public officer has government funds in his possession.
b. He is under obligation to make payment from such funds.
c. He fails to make the payment, maliciously.
2. By refusing to make delivery by a public officer who has been ordered by competent authority to
deliver any property in his custody or under his administration

Art. 222. Officers included in the preceding provisions. The provisions of this chapter shall apply
to private individuals who in any capacity whatever, have charge of any insular, provincial or
municipal funds, revenues, or property and to any administrator or depository of funds or property
attached, seized or deposited by public authority, even if such property belongs to a private individual.
Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Section One. Infidelity in the custody of prisoners
Art. 223. Conniving with or consenting to evasion. Any public officer who shall consent to the
escape of a prisoner in his custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special disqualification
in its maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by
final judgment to any penalty.

2. By prision correccional in its minimum period and temporary special disqualification, in case the
fugitive shall not have been finally convicted but only held as a detention prisoner for any crime or
violation of law or municipal ordinance.
Elements:
1. That the offender is a public officer;
2. That he had in his custody or charge, a prisoner, either detention prisoner or prisoner by final
judgment;
3. That such prisoner escaped from his custody;
4. That he was in connivance with the prisoner in the latters escape.
Classes of prisoner involved:
1. If the fugitive has been sentenced by final judgment to any penalty.
2. If the fugitive is held only as detention prisoner for any crime or violation of law or municipal
ordinance.
- Leniency, laxity and release of detention prisoner who could not be delivered to the judicial authority
within the time fixed by law, are not considered infidelity in the custody of prisoners.

Art. 224. Evasion through negligence. If the evasion of the prisoner shall have taken place through
the negligence of the officer charged with the conveyance or custody of the escaping prisoner, said
officer shall suffer the penalties of arresto mayor in its maximum period to prision correccional in its
minimum period and temporary special disqualification.
Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner
by final judgment;
3. That such prisoner escapes through his negligence.
- Not every negligence or distraction of a guard is penalized. It is only that positive carelessness that is
short of deliberate non-performance of his duties as guard that is the gravamen of the crime
of infidelity under Art. 224.
- The fact that the public officer recaptured the prisoner who had escaped from his custody does not
afford complete exculpation.
Art. 225. Escape of prisoner under the custody of a person not a public officer. Any private
person to whom the conveyance or custody or a prisoner or person under arrest shall have been
confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer
the penalty next lower in degree than that prescribed for the public officer.
Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person under arrest is confided to him;
3. That the prisoner or person under arrest escapes;
4. That the offender consents to the escape of the prisoner or person under arrest, or that the escape
takes place through his negligence.
- Art. 225 is NOT applicable if a private person was the one who made the arrest and he consented to
the escape of the person he arrested.
Section Two. Infidelity in the custody of document
Art. 226. Removal, concealment or destruction of documents. Any public officer who shall
remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall
have been caused thereby to a third party or to the public interest.
2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding
1,000 pesos, whenever the damage to a third party or to the public interest shall not have been serious.
In either case, the additional penalty of temporary special disqualification in its maximum period to
perpetual disqualification shall be imposed.
Elements:
1. That the offender be a public officer;
Note: If the offender is a private individual, estafa is committed if there is damage caused. If
there is no damage, the crime is malicious mischief.
2. That he removes, conceals or destroys documents or papers;
- Papers include checks, promissory notes, and paper money.
3. That the said documents or papers should have been entrusted to such public officer by reason of his office;
4. That damage, whether serious or not, to a third party or to the public interest should have been
caused.
- The document must be complete and one by which a right can be established or an obligation could
be extinguished.
- The removal must be for an illicit purpose.
- The crime of removal of public document in breach of official trust is consummated upon its removal
or secreting away from its usual place in the office and after the offender had gone out and locked the
door, it being immaterial whether he has or has not actually accomplished the illicit purpose for which
he removed said document.
- Damage in this article may consist in mere alarm to the public or in the alienation of its confidence in
any branch of the government service.
Art. 227. Officer breaking seal. Any public officer charged with the custody of papers or property
sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the
penalties of prision correccional in its minimum and medium periods, temporary special
disqualification and a fine not exceeding 2,000 pesos.
Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or property;
3. That these papers or property are sealed by proper authority;
4. That he breaks the seals or permits them to be broken.
- Damage or intent to damage is not necessary.

Art. 228. Opening of closed documents. Any public officer not included in the provisions of the
next preceding article who, without proper authority, shall open or shall permit to be opened any closed
papers, documents or objects entrusted to his custody, shall suffer the penalties or arresto mayor,
temporary special disqualification and a fine of not exceeding 2,000 pesos.
Elements:
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted to his custody.
3. That he opens or permits to be opened said closed papers, documents, or objects.
4. That he does not have the proper authority.
- The closed document must be entrusted to the custody of the accused by reason of his office.
- If in opening closed papers or objects, the public officer broke the seal, the offense would be breaking
seal under Art. 227 and not the crime of opening a closed document, because the offender must be a
public officer not included in the preceding article.
Section Three. Revelation of secrets
Art. 229. Revelation of secrets by an officer. Any 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, shall suffer the penalties of prision
correccional in its medium and maximum periods, perpetual special disqualification and a fine not
exceeding 2,000 pesos if the revelation of such secrets or the delivery of such papers shall have caused
serious damage to the public interest; otherwise, the penalties of prision correccional in its minimum
period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed.
Acts punished:
1. By revealing any secret known to the offending public officer by reason of his official capacity.
2. By delivering wrongfully papers or copies of papers of which he may have charge and which should
not be published.
Elements of No. 1:
1. That the offender is a public officer;
2. That he knows of the secret by reason of his official capacity;
3. That he reveals such secret without authority or justifiable reasons;
4. That damage, great or small, be caused to public interest.
- Sec 3 (k) of RA 3019 is violated if there is no damage caused in revealing the secret.
- This article punishes minor official betrayals, infidelities of little consequence, affecting usually the
administration of justice, executive or official duties, or the general interest of the public order.
- Secrets must affect public interests, if not, the revelation would constitute no crime at all.
Elements of No. 2:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest
Charge here means control or custody. If the public officer is merely entrusted with the papers but
not with the custody, he is not liable under this provision.
- Damage is an element of the offenses defined in Art. 229.
- A higher penalty is provided if serious damage is caused otherwise a lower penalty is imposed. This
indicates that the lesser penalty refers to causing damage which is not serious.

Art. 230. Public officer revealing secrets of private individual. Any public officer to whom the
secrets of any private individual shall become known by reason of his office who shall reveal such
secrets, shall suffer the penalties of arresto mayor and a fine not exceeding 1,000 pesos.
Elements:
1. That the offender is a public officer;
2. That he knows of the secrets of a private individual by reason of his office;
3. That he reveals such secrets without authority or justifiable reason.
- If the offender is a lawyer, the crime under Article 209 is committed.
- If the offender is a private individual, the crime under Article 290 or 291 is committed.
- Revelation to one person is necessary and sufficient, for public revelation is not required.
- It is NOT necessary that damage is suffered by the private individual. The reason for this provision is to uphold
faith and trust in public service.
Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS
Art. 231. Open disobedience. Any judicial or executive officer who shall openly refuse to execute
the judgment, decision or order of any superior authority made within the scope of the jurisdiction of
the latter and issued with all the legal formalities, shall suffer the penalties of arresto mayor in its
medium period to prision correccional in its minimum period, temporary special disqualification in its
maximum period and a fine not exceeding 1,000 pesos.
Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior authority;
3. That such judgment, decision or order was made within the scope of the jurisdiction of the superior
authority and issued with all legal formalities;
4. That the offender without any legal justification openly refuses to execute said judgment, decision or
order, which he is duty bound to obey.

Art. 232. Disobedience to order of superior officers, when said order was suspended by inferior
officer. Any public officer who, having for any reason suspended the execution of the orders of his
superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer the
penalties of prision correccional in its minimum and medium periods and perpetual special
disqualification.
Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such order;
4. That his superior disapproves the suspension of the execution of the order;
5. That the offender disobeys his superior despite the disapproval of the suspension.
- This article does NOT apply if the order of the superior is illegal.
Art. 233. Refusal of assistance. The penalties of arresto mayor in its medium period to prision
correccional in its minimum period, perpetual special disqualification and a fine not exceeding 1,000
pesos, shall be imposed upon a public officer who, upon demand from competent authority, shall fail to
lend his cooperation towards the administration of justice or other public service, if such failure shall
result in serious damage to the public interest, or to a third party; otherwise, arresto mayor in its
medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.
Elements:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lends his cooperation towards the
administration of justice or other public service.
3. That the offender fails to do so maliciously.
- There must be damage to the public interest or to a third party.
- If the offender is a private individual, he may be held liable for contempt.

Art. 234. Refusal to discharge elective office. The penalty of arresto mayor or a fine not exceeding
1,000 pesos, or both, shall be imposed upon any person who, having been elected by popular election
to a public office, shall refuse without legal motive to be sworn in or to discharge the duties of said
office.
Elements:
1. That the offender is elected by popular election to a public office;
2. That he refuses to be sworn in or to discharge the duties of said office; and
3. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.
Art. 235. Maltreatment of prisoners. The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, in addition to his liability for the physical injuries or damage
caused, shall be imposed upon any public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his charge, by the imposition of
punishment not authorized by the regulations, or by inflicting such punishment in a cruel and
humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some information from the
prisoner, the offender shall be punished by prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 500 pesos, in addition to his liability for the physical
injuries or damage caused.
Elements:
1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner convicted by final judgment or a detention prisoner;
3. That he maltreats such prisoner in either of the following manners:
a. By overdoing himself in the correction or handling of a prisoner or detention prisoner under
his charge either:
i. by the imposition of punishments not authorized by the regulations,
ii. by inflicting such punishments (those authorized) in a cruel and humiliating
manner;
b. By maltreating such prisoner to extort a confession or to obtain some information from the
prisoner.
- The public officer or employee must have actual charge of the prisoner.
- Offender may also be held liable for physical injuries or damage caused. There is no complex crime
of maltreatment of prisoners with serious or less serious physical injuries, as defined in Art. 48.
Section Two. Anticipation, prolongation and abandonment of the duties and powers of public office.
Art. 236. Anticipation of duties of a public office. Any person who shall assume the performance
of the duties and powers of any public officer or employment without first being sworn in or having
given the bond required by law, shall be suspended from such office or employment until he shall have
complied with the respective formalities and shall be fined from 200 to 500 pesos.
Elements:
1. That the offender is entitled to hold a public office or employment, either by election or appointment;
2. That the law requires that he should first be sworn in and/or should first give a bond;
3. That he assumes the performance of the duties and powers of such office;
4. That he has not taken his oath of office and/or given the bond required by law.

Art. 237. Prolonging performance of duties and powers. Any public officer shall continue to
exercise the duties and powers of his office, employment or commission, beyond the period provided
by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision
correccional in its minimum period, special temporary disqualification in its minimum period and a
fine not exceeding 500 pesos.
Elements:
1. That the offender is holding a public office;
2. That the period provided by law, regulations or special provisions for holding such office, has
already expired;
3. That he continues to exercise the duties and powers of such office.

Art. 238. Abandonment of office or position. Any public officer who, before the acceptance of his
resignation, shall abandon his office to the detriment of the public service shall suffer the penalty of
arresto mayor.
If such office shall have been abandoned in order to evade the discharge of the duties of preventing,
prosecuting or punishing any of the crime falling within Title One, and Chapter One of Title Three of
Book Two of this Code, the offender shall be punished by prision correccional in its minimum and
medium periods, and by arresto mayor if the purpose of such abandonment is to evade the duty of
preventing, prosecuting or punishing any other crime.
Elements:
1. That the offender is a public officer;
2. That he formally resigns from his position;
- There must be written or formal resignation
3. That his resignation has not yet been accepted;
4. That he abandons his office to the detriment of the public service.
Qualifying circumstance when the abandonment of the office has for its purpose to evade the
discharge of the duties of preventing, prosecuting or punishing any of the crimes falling within Title 1
and Chapter 1 Title 3 of Book 2 of this Code
Section Three. Usurpation of powers and unlawful appointments
Art. 239. Usurpation of legislative powers. The penalties of prision correccional in its minimum
period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon
any public officer who shall encroach upon the powers of the legislative branch of the Government,
either by making general rules or regulations beyond the scope of his authority, or by attempting to
repeal a law or suspending the execution thereof.
Elements:
1.Thattheoffenderisanexecutiveorjudicialofficer;
2.Thathe:
a.Makesgeneralrulesorregulationsbeyondthescopeofhisauthorityor
b.Attemptstorepealalawor
c.Suspendstheexecutionthereof.

Art. 240. Usurpation of executive functions. Any judge who shall assume any power pertaining to
the executive authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer
the penalty of arresto mayor in its medium period to prision correccional in its minimum period.
Elements:
1.Thattheoffenderisajudge;
2.Thathe:
a.Assumesapowerpertainingtotheexecutiveauthorities;or
b.Obstructstheexecutiveauthoritiesinthelawfulexerciseoftheirpowers.

Art. 241. Usurpation of judicial functions. The penalty of arresto mayor in its medium period to
prision correccional in its minimum period and shall be imposed upon any officer of the executive
branch of the Government who shall assume judicial powers or shall obstruct the execution of any
order or decision rendered by any judge within its jurisdiction.
Elements:
1.ThattheoffenderisanofficeroftheexecutivebranchoftheGovernment;
2.Thathe:
a.Assumesjudicialpowers;or
b. Obstructs the execution of any orderor decision rendered by any judge within his
jurisdiction
Art. 242. Disobeying request for disqualification. Any public officer who, before the question of
jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain
from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos.
Elements:
1.Thattheoffenderisapublicofficer;
2.Thataproceedingispendingbeforesuchpublicofficer;
3.Thatthereisaquestionbroughtbeforetheproperauthorityregardinghisjurisdiction,whichisnot
yetdecided;
4.Thathehasbeenlawfullyrequiredtorefrainfromcontinuingtheproceeding;
5.Thathecontinuestheproceeding.

Art. 243. Orders or requests by executive officers to any judicial authority. Any executive
officer who shall address any order or suggestion to any judicial authority with respect to any case or
business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of
arresto mayor and a fine not exceeding 500 pesos.
Elements:
1.Thattheoffenderisanexecutiveofficer;
2.Thatheaddressesanyorderorsuggestiontoanyjudicialauthority;
3.Thattheorderorsuggestionrelatestoanycaseorbusinesscomingwithintheexclusivejurisdiction
ofthecourtsofjustice.

Art. 244. Unlawful appointments. Any public officer who shall knowingly nominate or appoint to
any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto
mayor and a fine not exceeding 1,000 pesos.
Elements:
1.Thattheoffenderisapublicofficer;
2.Thathenominatesorappointsapersontoapublicoffice;
3.Thatsuchpersonlacksthelegalqualificationstherefor;
4.Thattheoffenderknowsthathisnomineeorappointeelacksthequalificationatthetimehemade
thenominationorappointment.
Art. 245. Abuses against chastity; Penalties. The penalties of prision correccional in its medium
and maximum periods and temporary special disqualification shall be imposed:
1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman
interested in matters pending before such officer for decision, or with respect to which he is required to
submit a report to or consult with a superior officer;
2. Any warden or other public officer directly charged with the care and custody of prisoners or
persons under arrest who shall solicit or make immoral or indecent advances to a woman under his
custody.
If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any
person in the custody of such warden or officer, the penalties shall be prision correccional in its
minimum and medium periods and temporary special disqualification.
Elements:
1.Thattheoffenderisapublicofficer;
2.Thathesolicitsormakesimmoralorindecentadvancestoawoman;
3.Thatsuchwomanmustbe
a.Interestedinmatterspendingbeforetheoffenderfordecision,orwithrespecttowhichheis
requiredtosubmitareporttoorconsultwithasuperiorofficer;or
b.Underthecustodyoftheoffenderwhoisawardenorotherpublicofficerdirectlycharged
withthecareandcustodyofprisonersorpersonsunderarrest;or
c.Thewife,daughter,sisterorrelativewithinthesamedegreebyaffinityofthepersoninthe
custodyoftheoffender.
ThemotherofthepersoninthecustodyoftheoffenderisNOTincluded.
Solicitmeanstoproposeearnestlyandpersistentlysomethingunchasteandimmoraltoawoman.
- Thiscrimeisconsummatedbymereproposal.Iftheoffendersucceedsincommittingacrimeagainst
chastity,thesolicitationandadvancesareconsideredmerelyaspreparatoryacts.
ProofofsolicitationisNOTnecessarywhenthereissexualintercourse.

Note:
See also RA 7877, the AntiSexualHarrassment Act of 1995which applies where the accused
demands,requestsorotherwiserequiresanysexualfavorsfromthevictiminawork,educationor
trainingrelatedenvironment.