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- Agreement w/ any interested party or speculator or making use 216 Possession of prohibited interest by a PO
of any other scheme to defraud the govt making contracts or a
counts relating to public prop or funds - Liable:
- Demanding, payment of sums different or larger than those o PO-interested in any contract or business its his
authorized by law, collection of taxes, licenses officialy duty to intervene
- Failing voluntarily to issue a receipt; collected by him officially Appointive, elective public officials and
- Collecting or receiving by way of payment things or obj of a priv indv
nature diff from provided by the law o Experts, arbitrator and private accountants
connected w/ estate or prop in the appraisal,
Elements of frauds against public treasury distribution or
adjudication
- PO o Guardians and executors
- Takes advantage of his office in the transaction in his official - Actual fraud not necessary but the POSSIBILITY
capacity - Constitutional prohibition exists:
o His duty - Congress cannot personally appear as counsel; cannot be
- Agreement w/ any interested party or speculator regard to: interested financially in any franchise or special privilege granted
furnishing supplies, making contracts, adjustment or settlement by government; cannot intervene in any matter before office of
of accounts relating to public prop or funds Government;
o Mere agreement-consummated - Executive cannot hold any other office;
- Intent to defraud the govt - Constitutional Commission cannot hold any other office, or
engage in practice of profession or management of business, or
Essence crime of fraud against public treasury:making the govt pay for be financially interested in a contract with or franchise/privilege
something not received or making it pay more than what is due by the government.
- INTERVENTION-in contracts which have no connection w/ his
Elements of illegal exactions office cannot commit the crime
*its duty must issue official receipts 217 Malversation of public funds or property-presumption of malversation
+if may deceit in demanding greater fees->ESTAFA Definition-aka embezzlement; or equal to the total value of the prop
Prima facie evidence-failure to have duly forthcoming public funds or prop Illegal use of public funds Malversation
upon demand. May be rebutted -accountable officer -accountable officer
-does not derive any personal gain -in certain cases profits from the
- Demand not necessary in malversation; not an element -public use proceeds of the crime
-personal use and benefit of the
Return of the funds malversed-mitigationg offender or of another person
Technical malversation is not included sa the crime of malversation of public
Restitution of the prop-extinguishment of only the civil liability funds
Payment-not a defense for exoneration in malversation y? DMAGE not an -PO applies public funds under his administration not for his or anothers
element of malversation personal use, but to a public use other than that for which the fund was
approp by law or ordinance
May liability yung person whose negligence made possible the commission of
malversation by another held liable->principal by indispensable cooperation - Illegal use of public funds or property is also known as technical
in the complex crime of malversation thru falisification of a public docu by malversation
reckless negligence
- termed technical malversation?
Damage to the govt-not necessary
A: Because under this article, the fund or property involved is alread Instead
Penalty based:AMOUNT INVOLVED not damage caused of applying it to the public purpose for which the fund or property was
already appropriated by law, the public officer applied it to another
What is the thrust of the crime of malversation? purpose.y appropriated or earmarked for a certain public purpose.
Technical M. M
Necessary that he misapprop?No. Enough na violated the TRUST Offender derives no personal gain or benefit. Generally, the offender derives personal benefit.
Public fund or property is diverted to another public use other than that Conversion is for the personal interest of the offender or
provided for in the law. of another
No complex crime of falsi of docu and malversation-if purpose is to HIDE
evidence of malversation; constitute separate offnense
-
Crimes: Elements
- Private person Sufficient-> seal is broken even if the contents are not tampered
- Conveyance or custody of a prisoner under arrest is confided to
228 Openingg of closed documents
hin
- Under arrest escapes through his negligence
Elements
NA if it is the private person was the one who made the arrest
- PO
- Any closed papers docu or obj Entrusted to his custody
Priv. idv. Liability-One degree lower sa preceding artice
o Custody-guarding or keeping it safe
infidelity committed by private person? - Opens or permits to be opened
- Deos not have proper authority
A: Under Article 225, infidelity can also be committed by a private person to
whom the prisoner was entrusted and he connived with the prisoner Dmage or intent to cause damage is not an element
229 Revelation of secrets by an officer
Acts
Elements
- Po
- Knowns of the secrets of a priv indv by reason of his office
- Reveals such secrets w/o authority or justifiable reason
o Revelation to one person sufficient