TITLE SEVEN CRIMES COMMITTED BY PUBLIC OFFICERS CHAPTER 1

Art. 203: Who are public officers? 1. The term public officers embraces every public servant from the highest to the lowest in all branches of government a. b. c. d. National or local levels Appointive or elective Classified or unclassified Receiving compensation from either National or Local Government Units e. Duly elected or appointed 2. Public Officer distinguished from Government Employee

3. Nonfesance is the omission of some act which ought to be performed. Article 204: Knowingly rendering unjust judgment 1. Judgment is the final consideration and determination of a court of competent jurisdiction upon matters submitted to it, in an action or proceeding. 2. The judgment of the judge is considered unjust: a. b. c. d. e. f. Contrary to law Not supported by evidence Error Ill-will Revenge Bribery

3. It is not the nature of the appointment of a person but the kind of duties he performs that determines whether he is considered as public officer. a. A person who was appointed as laborer in the Bureau of Posts but given the duty of sorting out and filing money orders. b. Emergency helper in the Bureau of Treasury entrusted with the custody of official documents are public officers within the meaning as provided in the law. 4. Government Corporation is included. 5. Sea quested Corporation is a private corporation and is not included.

3. The unjust judgment is rendered knowingly when it is made deliberately and maliciously. 4. Bad faith is the ground of liability. There is no liability at all for a mere error. 5. There must be evidence that the judgment is unjust. 6. The judgment must be contrary to law & not supported by evidence. 7. This article does not apply to Supreme Court, Court of Appeals, and Collegiate Court such as Court of Tax Appleals, Sandiganbayan. 8. A judge who proceed in trying a case without jurisdiction is not liable under this article. Article 205: Judgment through negligence rendered

CHAPTER 2 MALFEASANCE and MISFEASANCE IN OFFICE

1. Misfeasance is the improper performance of some act which might lawfully be done. 2. Malfeasance is the performance of some act which ought not to be done.

1. The manifestly unjust judgment was rendered by reason of inexcusable negligence or ignorance. It is considered manifestly unjust if even a person having a mere knowledge of the law cannot doubt the injustice.

2. Abuse of discretion or mere error of judgment is not punishable.