CRIMES COMMITTED

BY PUBLIC OFFICERS

CRIMINAL LAW: BOOK II – CHAPTER 7

 OBJECTIVES
• Recognize certain crimes and their elements.
• Identify offenses committed by public officers.
ARTICLE 203
WHO ARE PUBLIC
OFFICERS
ARTICLE 203 OF THE REVISED PENAL CODE

Any person who, by direct provision of the law, popular

election or appointment by competent authority, shall take
part i n t he perfor m a n c e o f p u b l i c f u n c t i o n s i n t h e
Government of the Philippine Islands, or 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.
ARTICLE 203 OF THE REVISED PENAL CODE

a. By direct provision of the law, or

b. By popular election, or
c. By appointment by competent authority.
ARTICLE 204
KNOWINGLY RENDERING
AN UNJUST JUDGEMENT
KNOWINGLY RENDERING AN UNJUST
JUDGEMENT ARTICLE 204

1. That the offender is a judge

2. That he renders a judgement in a case submitted to
him for a decision
3. That the judgment is unjust
4. That the judge know that his judgment is unjust
ARTICLE 210

DIRECT BRIBERY
DIRECT BRIBERY ARTICLE 210

1. That the offender is a public officer within the scope of Article 203;
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 a promise be accepted, or gift or present received
by the public officer - (a) With a view to committing ome crime; (b)
In the consideration of the execution of an act which does not
constitute a crime, but the act must be unjust; or (c) To refrain from
doing something which it is his official duty to do;
4. That the act which offender agrees to perform or which he executes
be connected with the performance ocial duties.
ARTICLE 211

INDIRECT BRIBERY
INDIRECT BRIBERY ARTICLE 211

It is committed by any public officer who shall accept gifts

offered to him by reason of his office.
INDIRECT BRIBERY ARTICLE 211

1. Offender is a public officer

2. Offender accepts gift; and
3. Said gifts are offered to him by reason of his office

- Not necessary that the officer do an act

- It’s not necessary that the officer should do any particular act
or even promise to do an act as it enough that he accepts gifts
offered to him by reason of his office.
ARTICLE 211-A

QUALIFIED BRIBERY
QUALIFIED BRIBERY ARTICLE 211-A

1. That the offender is a public offcer entrusted with law

enforcement;
2. That he refrains from arresting or prosecuting an
offender who has committed a crime punishable by
Reclusion.
ARTICLE 217
MALVERSATION OF PUBLIC
FUNDS OR PROPERTY
MALVERSATION BY APPROPRIATING,
MISAPPROPRIATING OR PERMITTING ANY OTHER
PERSON TO TAKE PUBLIC FUNDS OR PROPERTY
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

• Malversation is misbehavior in an office, trust, or commission -

basically malversation is an corrupt administration.

• T hey both ca n be com m itt e d e i t h e r w i t h m a l i c e o r t h r o u g h

negligence or imprudence.
• Funds and property must be received in an official capacity otherwise
the committed is estafa.
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

1. The offender is a public accountable officer

• He or she is one who has charge, possession or control
of publi c funds or p r o p e r t i e s a n d i s a n s w e r a b l e
therefore.
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

1. The offender is a public accountable officer

• PRIVATE PERSON
a. Through conspiracy with the public officer
b. As an accomplice or accessory
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

2. He has custody or control of funds or property by

reason of the duties of his office
1. By reason of the functions of his office in that his primary
functions pertains to the receipt, care and custody of funds
or property
2. By reason of special designation or by reason of the fact that
public funds or properties are entrusted to him by a
superior or proper officer
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

3. The funds or property are public funds or property for

which he was accountable
• PRIVATE FUNDS AND PROPERTIES
1. If the private funds or properties are held in trust by a pulic
officer
2. Principle of Co-mingling in that all funds commingled with
public funds or found in public vaults, are presumed to be
public funds/property
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

4. He appropriated, took, misappropriated or consented,

or through abandonment or negligence, permitted
another person to take them
• By Appropriating

- When the officer himself takes the property for his own use or
for that of his family or for that of a third person
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

4. He appropriated, took, misappropriated or consented,

or through abandonment or negligence, permitted
another person to take them
• By Misappropriating

- The officer uses them for a different purpose even if a public

purpose but is not authorized to do so
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

4. He appropriated, took, misappropriated or consented,

or through abandonment or negligence, permitted
another person to take them
• By Abandonment or through Negligence
(Culpable Malversation)
- T he custodian is expected to exercise utmost diligence and care to
prevent the public funds/properties under his custody from being lost,
destroyed, damage, either by action of nature or by the acts of people.
When these eventualities occur due to his failure to take precautions or
exercise care the he becomes liable.
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

- 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.
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

1.The penalty of prision correccional in its medium and

maximum periods.
2. The penalty of prision mayor in its minimum and
medium periods.
3. The penalty of prision mayor in its maximum period to
reclusion temporal in its minimum period.
4. The penalty of reclusion temporal in its medium and
maximum periods.
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217

1. If made before the shortage is recorded: there is no criminal

liability because officially there is as yet no shortage

1. If made Upon discovery and recording: the criminal liability

remains but this may be considered as mitigating but the civil
liability may be extinguished
MALVERSATION OF PUBLIC FUNDS OR
PROPERTY ARTICLE 217
• 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 of property to
personal uses.
ARTICLE 218

FAILURE OF ACCOUNTABLE
OFFICER TO RENDER ACCOUNTS
FAILURE OF ACCOUNTABLE OFFICER TO
RENDER ACCOUNTS ARTICLE 218

1. That the offender is public officer, whether in the service or

separated therefrom by resignation or any other cause
2. That he is an accountable officer for public funds or property;
3. That he is required by law or regulation to render account 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.
ARTICLE 220

TECHNICAL MALVERSATION (ILLEGAL

USE OF PUBLIC FUNDS/PROPERTY)
TECHNICAL MALVERSATION (ILLEGAL USE
OF PUBLIC FUNDS/PROPERTY) ARTICLE 220

Any public officer who shall apply any public funds or property
under his administration to any public use other than for which
such funds or property were appropriated by law or ordinance
shall suffer the penalty of prison correctional in its minimum
period. 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.
TECHNICAL MALVERSATION (ILLEGAL USE
OF PUBLIC FUNDS/POPERTY) ARTICLE 220

1. That the offender is a public officer

2. That there are public funds or property under his
administration
3. That such funds or property has been appropriated by law or
ordinance
4. That he applies such public funds or property to a public use
other than that for which it has been appropriated by law or
ordinance
Thank You So Much for Listening
Future Law Enforcers!
GROUP 6
ARABIT, ERIKA ARAGONES, HAYDEN
BASA, B-JYNE BILGERA, MARY ANN
CELAJES, BEA MAE FERNANDEZ, MA. ANGELA
REYES, JOSHUA RIVERA, REANNE CAMILLE