7.

CRIMES COMMITTED BY
PUBLIC OFFICERS (203-245)
Only just some
 Article 210. Direct Bribery
• Elements
• 1. Offender is a public officer within the scope of Article 203;
• 2. Offender accepts an offer or a promise or receives a gift or present by
himself or through another;
• 3. Such offer or promise be accepted, or gift or present received by the
public officer –
• (a) With a view to committing some crime; or
• (b) In 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. The act which offender agrees to perform or which he executes be

connected with the performance of his official duties.
 Direct Bribery
• Acts punished
• 1. Agreeing to perform, or performing, in consideration of
any offer, promise, gift or present – an act constituting a
crime, in connection with the performance of his official
duties;
• 2. Accepting a gift in consideration of the execution of an
act which does not constitute a crime, in connection with
the performance of his official duty;
• 3. Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of gift or promise.
 Article 211. Indirect Bribery
• Elements
• 1. Offender is a public officer;
• 2. He accepts gifts;
• 3. The gifts are offered to him by reason of his
office.
 Article 211-A. Qualified Bribery
• Elements
• 1. Offender is a public officer entrusted with law enforcement;
• 2. He refrains from arresting or prosecuting an offender who
has committed a crime;
• 3. Offender has committed a crime punishable by reclusion
perpetua and/or death;
• 4. Offender refrains from arresting or prosecuting in
consideration of any offer, promise, gift, or present.

• Note that the penalty is qualified if the public officer is the one
who asks or demands such present.
 Article 212. Corruption of Public Officials

• Elements
• 1. Offender makes offers or promises or gives
gifts or presents to a public officer;
• 2. 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.
Article 223. Conniving with or Consenting to
Evasion

• 1. Offender is a public officer;

• 2. He had in his custody or charge a prisoner,
either detention prisoner or prisoner by final
judgment;
• 3. Such prisoner escaped from his custody;
• 4. He was in connivance with the prisoner in
the latter’s escape.
Article 224. Evasion through Negligence

• Elements
• 1. Offender is a public officer;
• 2. He is charged with the conveyance or
custody of a prisoner or prisoner by final
judgment;
• 3. Such prisoner escapes through negligence.
 Article 225. Escape of Prisoner under the
Custody of a Person not a Public Officer
• Elements
• 1. Offender is a private person;
• 2. The conveyance or custody of a prisoner or
person under arrest is confided to him;
• 3. The prisoner or person under arrest
escapes;
• 4. Offender consents to the escape, or that the
escape takes place through his negligence.
Article 230. Public Officer Revealing Secrets of
Private individual
• Elements
• 1. Offender is a public officer;
• 2. He knows of the secrets of a private
individual by reason of his office;
• 3. He reveals such secrets without authority or
justifiable reason.
 Article 233. Refusal of Assistance
• 1. Offender is a public officer;
• 2. A competent authority demands from the
offender that he lend his cooperation towards
the administration of justice or other public
service;

• 3. Offender fails to do so maliciously.

 Article 235. Maltreatment of Prisoners
• Elements
• 1. Offender is a public officer or employee;
• 2. He has under his charge a prisoner or detention prisoner;
• 3. 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 –
• (1) By the imposition of punishment not authorized by the
regulations; or
• (2) By inflicting such punishments (those authorized) in a cruel and
humiliating manner; or
• (b) By maltreating such prisoners to extort a confession or to obtain
some information from the prisoner.
Article 245. Abuses against Chastity
• Elements:
• 1. Offender is a public officer;
• 2. He solicits or makes immoral or indecent advances to a woman;
• 3. Such woman is –
• (a) interested in matters pending before the offender for decision, or with
respect to which he is required to submit a report to or consult with a
superior officer; or
• (b) under the custody of the offender who is a warden or other public
officer directly
• charged with the care and custody of prisoners or persons under arrest;
or
• (c) the wife, daughter, sister or relative within the same degree by affinity
of the person in the custody of the offender.