Crimes Committed by Public Officers: Revised Penal Code Articles 203 To 245
Crimes Committed by Public Officers: Revised Penal Code Articles 203 To 245
Crimes Committed by Public Officers: Revised Penal Code Articles 203 To 245
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?
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
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
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
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 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
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.