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CRIMINAL LAW 2 FINALS MAKASIAR NOTES

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Article 203 Public Officers

1. Take part in the performance of public functions in the
government, or in performing in said government or in any of
its branches public duties as an employee, agent or
subordinate official, or any rank or class; and
2. That his authority to take part in the performance of public
functions or to perform public duties must be by (LEA)
a. Direct provision of the law
b. Popular election
c. Appointment by competent authority

Note: Under R.A. 3019, the term public officer is broader and
more comprehensive because it includes all persons whether an
official or an employee, temporary or not, classified or not,
contractual or otherwise.

Any person who receives compensation for services rendered is a
public officer.

Note: Public officers include every public servant from the lowest
to the highest rank provided that they exercise public functions.

Article 204 Knowingly Rendering Unjust Judgment

Elements: (JJ-UK)
1. Offender is a judge
2. He renders a judgment in a case submitted to him for decision
3. That the judgment is unjust
4. That the judge knows that his judgment is unjust

Judgment - is the final consideration and determination of a court
of competent jurisdiction upon the matters submitted to it, in
action or proceeding.

It must be written in the official language, personally and directly
prepared by the judge and signed by him and shall contain clearly
and distinctly a statement of the facts and the law upon which it is
based.

Unjust judgment - is one which is contrary to law or is not
supported by the evidence or both.
Sources: (BEI)
1. Bribery
2. Error
3. Illwill or revenge
Note: The Supreme Court must have declared the judgment as
unjust in a certiorari, prohibition, or administrative proceeding.

Abuse of discretion or mere error of judgment cannot likewise
serve as basis for rendering an unjust judgment in the absence of
proof of an allegation of bad faith.

Note: Articles 204 207 are committed by judges of trial courts
and not judges of CA, SC and Sandiganbayan

Note: Judges cannot be subjected to liability civil, criminal or
administrative for any of their official acts, no matter how
erroneous, as long as they acted in good faith.

Article 205 Judgment Rendered Through Negligence

Elements: (JJ-UN)
1. Offender is a judge
2. He renders a judgment in a case submitted to him for decision
1. Judgment is manifestly unjust
2. It is due to his inexcusable negligence or ignorance

manifestly unjust judgment - is a judgment which cannot be
explained with reasonable interpretation or is a clear,
incontrovertible and notorious violation of a legal precept. It must
be patently contrary to law if rendered due to ignorance or
inexcusable negligence.

Article 206 Unjust Interlocutory Order

Elements: (JP: kn)
1. Offender is a judge
2. He performs any of the following acts:
a. Knowingly renders an unjust interlocutory order or
decree; or
b. Renders a manifestly unjust interlocutory order or
decree through inexcusable negligence or ignorance.

Interlocutory Order - is one issued by the court deciding a
collateral or incidental matter; it is not a final determination of
the issues of the action or proceeding.

Note: If the order answers the question Does it leave something
to be done in the trial court with respect to the merits of the
case? in the affirmative, then it is interlocutory; if it does not, it
is final.

Article 207 Maliciously Delay in the Administration of Justice

Elements: (JP-DM)
1. Offender is a judge
2. There is a proceeding in his court
3. He delays the administration of justice
4. Delay is malicious, that is, with deliberate intent to inflict
damage on either party in the case

Note: Mere delay without malice is not punishable.

Malice must be proven. Malice is present where the delay is sought
to favor one party to the prejudice of the other.

If the delay is not malicious, but committed through gross
negligence, the crime committed is that under R.A. 3019, Sec. 3(e).

Article 210 Direct Bribery

Bribery - is the crime of the public officer who receives a gift,
present, offer or promise by reason or in connection with the
performance of his official duties. It is a crime of the receiver.
The crime of the giver is corruption of public officers. Bribery
requires the concurrence of the will of the corruptor and the
public officer otherwise the crime is not consummated.

Acts Punished: (PGR)
1. Agreeing to perform, or performing, in consideration of
any offer, promise, gift or present an act constituting a
CRIMINAL LAW 2 FINALS MAKASIAR NOTES

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crime, in connection with the performance of his official
duties If the act or omission amounts to a crime, it is
not necessary that the corruptor should deliver the
consideration or the doing of the act.

Note: Mere promise is sufficient. The moment there is a meeting
of the minds, even without the delivery of the consideration, even
without the public officer performing the act amounting to a
crime, bribery is already committed on the part of the public
officer. Corruption is already committed on the part of the
supposed giver.

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 If the act or
omission does not amount to a crime, the consideration
must be delivered by the corruptor before a public
officer can be prosecuted for bribery. Mere agreement
is not enough to constitute the crime because the act to
be done in the first place is legitimate or in the
performance of the official duties of the public official.

3. Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of gift or promise.

Elements: (PAAD)
1. Offender is a public officer within the scope of Article 203
2. Offender accepts an offer or 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 (cur)
a. With a view of committing some crime
b. In consideration of the execution of an act which does
not constitute a crime, but the act must be unjust
c. To refrain from doing something, which is his official
duty to do;
4. That act which the offender agrees to perform or which he
executes be connected with the performance of his official
duties.

Forms of Direct Bribery
1. In consideration of a price (agrees only or agrees to
perform an act) accepting consideration and actually
performed the duty
2. Mere agreement without accepting the consideration
3. Accepted the consideration and he refrains from doing
his official duty (because there is a consideration)

Note: No frustrated bribery. Only attempted and consummated.

A private person may commit this crime only in the case in which
custody of prisoners is entrusted to him.

Note: Direct bribery is a crime involving moral turpitude.

Article 211 Indirect Bribery

Indirect Bribery - is the crime of any public officer who shall
accept gifts offered to him by reason of his office.

Note: If the public officer does not accept the gift, this crime is
not committed but the offeror is guilty of Corruption of Public
Officials under Article 212.

Elements: (PAR)
1. Offender is a public officer
2. He accepts gifts
3. Said gifts are offered to him by reason of his office
Note: Mere acceptance of the gift because of the offenders
position constitutes bribery.

The article uses the words gift and not promise, and accept,
not just receive.

The gift is given in anticipation of future favor from the public
officer.

The offender must perform an act to show that he is the owner of
the gift

The public officer need not do anything but it simply given a gift
and accepted it by reason of his office

Direct Bribery Indirect Bribery
Public officer receives gift Public officer receives gift
There is agreement between
the public officer and the
corruptor.
There is no agreement between
the public officer and the
corruptor.
The public officer is called upon
to perform or refrain from
performing an official act.
The public officer is not
necessarily called upon to
perform any official act. It is
enough that he accepts the
gifts offered to him by reason
of his office.

Note: There is no attempted or frustrated indirect bribery
because it is committed by accepting gifts to the public officer by
reason of his office.

Article 211-A Qualified Bribery
Elements: (PRC)
1. Offender is a public officer entrusted with law enforcement
2. He refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua
and/or death
3. He refrains from arresting or prosecuting the offender in
consideration of any promise, gift or present

Note: The crime involved in qualified bribery is a heinous crime.
The public officer need not receive a gift or present because a
mere offer or promise is sufficient.

Article 217 Malversation of Public Funds or Property

Elements common to all acts of Malversation: (PC-AP)
1. Offender is a public officer
2. He had the custody or control of funds or property by reason
of the duties of his office
3. Those funds or property were public funds or property for
which he was accountable
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4. He appropriated, took, misappropriated or consented, or
through abandonment negligence, permitted another person to
take them

Article 220 Illegal Use of Public Funds or Property

Elements: (PAAA)
1. Offender is a public officer
2. There is public fund or property under his administration
3. Such public fund or property has been appropriated by law or
ordinance
4. He applies the same to a public use other than that for which
such fund or property has been appropriated by law or
ordinance

Note: Illegal use of public funds or property is also known as
technical malversation.

Article 223 Conniving with or Consenting to Evasion

Elements: (PC-EC)
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 latters
escape.

Note: Usually committed by the jail warden

This is betrayal of obligation

Article 224 Evasion through Negligence

Elements: (PC-E)
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.

Note: There must have been definite laxity amounting to
deliberate nonperformance of duty.

Usually committed by a jail warden

In this article the prisoner escapes but it is not within the
knowledge or consent of the public officer

Negligence must be proved. There must be total lack of
performance of his obligation

Article 235 Maltreatment of Prisoners

Elements: (PC-M)
1. Offender is a public officer or employee
2. He has under his charge a prisoner or detention
prisoner

Note: To be considered as a detention prisoner, the person
arrested must be placed in jail even for a short time.

3. He maltreats such prisoner either of the following
manners:
a. By overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either:
i. By the imposition of punishments not
authorized by the regulations
ii. By inflicting such punishments (those
authorized) in a cruel or humiliating
manner
b. By maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner.
Note: Maltreatment should not be due to personal grudge,
otherwise, offender is liable for physical injuries only.

Notes: This is in addition to his liability for the
physical injuries or damage caused. In addition
means that he will be liable for another crime
connected to Art. 235.

What is penalized is the conduct of the public
officer in handling the prisoners.

Maltreatment refers not only in physical maltreatment but
also moral, psychological, and other kinds of maltreatment
because of the phrase physical injuries or damage caused
and cruel or humiliating manner.

Note: The practice of presenting captured persons in national
television for public viewing is a form of maltreatment
because they ae being presented as criminals even before
they are charged which is humiliating.

Article 245 Abuse against Chastity

Acts Punished:
1. Soliciting or making immoral or indecent advances 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
Note: It is immaterial whether the woman did not agree
or agreed to the solicitation.

2. Soliciting or making immoral or indecent advances to
a woman under the offenders custody
Note: Immoral or indecent advances contemplated here
must be persistent. It must be determined. A mere
joke would not suffice.

3. Soliciting or making indecent advances to the wife,
daughter, sister or relative within the same degree
by affinity of any person in the custody of the
offending warden or officer.
Note: The mother is not included so that any immoral or
indecent solicitation upon the mother of the prisoner does
not give rise to his crime, but the offender may be
prosecuted under the Section 28 of the RA 3019
(AntiGraft and Corrupt Practices Act).

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Note: To solicit means to propose earnestly and persistently
something unchaste and immoral to a woman.

Elements: (PSW)
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 is a warden
or other public officer directly charged with
the care and custody of prisoners o 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.
Note: The crime is committed by mere proposal. If the
offender succeeds in committing a crime against chastity,
the solicitation and advances are considered as merely as
preparatory acts.

Proof of solicitation is not necessary when there is sexual
intercourse.

*Crimes Commited by Public Officers:
Article 203-207, 210-211A, 217, 220, 223-224, 235, 245.

*Crimes against Persons:
Article 246-249, 251, 253, 255-257, 261-262, 265-266D.