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TITLE SEVEN
Article 203
Notes:
1. Offender is a judge
2. Renders a judgment in the case submitted to him for judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
Notes:
Article 205
1. Offender is a judge
2. Renders a judgment in a case submitted to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance
Article 206
Article 207
ELEMENTS OF MALICIOUS DELAY IN THE ADMINISTRATION
OR JUSTICE:
Article 208
1. That the offender is a public officer or officer of the law who has a
duty to cause the prosecution of, or to prosecute offenses.
2. That there is dereliction of the duties of his office, that is, knowing
the commission of the crime, he does not cause (a) the
prosecution of the criminal (People vs. Rosales, G.R. no. 42648) or
(b) knowing that a crime is about to be committed he tolerates its
commission (if gift/promise is a consideration for his conduct:
direct bribery)
3. That the offender acts with malice and deliberate intent to favor
the violator of the law.
Article 209
Article 210
1. That the offender be a public officer within the scope of Art 203
2. That the offender accepts an offer or promise or receives a gift or
present by himself or through another
3. That such offer or promise be accepted or gift/present received by
the public officer (mere agreement consummates the crime)
1. with a view to committing some crime (delivery of
consideration is not necessary) or
2. in consideration of an execution if an act which does not
constitute a crime, but the act must be unjust (delivery of
consideration is necessary), or
3. to refrain from doing something which is his official duty to do
4. That the act which the offender agrees to perform or which
he executes be connected with the performance of his official
duties
RA 3019
Persons Liable:
1. Any public officer who shall perform any of the following acts:
2. Any person having family or close personal relation with any public
official who shall capitalize or exploit or take advantage of such
family or close personal relation by directly or indirectly requesting
or receiving any present, gift, or material, or pecuniary advantage
from any person having some business, transaction, application,
request, or contact with the government in which such public
official has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause any public official
to commit any of the offenses under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or affinity, within the 3rd
civil degree, of the president of the Philippines, the vice-president,
the president of the Senate, or speaker of the house of
Representatives, who shall intervene, directly or indirectly, in any
business transaction, contract or application with the govʼt (Sec.
5).
III. Competent court: All prosecutions under this Act shall be within the
original jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act shall
prescribe in 15 years (Sec. 11).
Article 211
Article 211-A
Article 212
The offender is the giver of the gift or the offeror of the promise.
The act may or may not be accomplished
Under PD 749, givers of bribes and other gifts as well as
accomplices in bribery and other graft cases are immune from
prosecution under the following circumstances:
1. information refers to consummated violations
2. necessity of the information or testimony
3. the information and testimony are not yet in the possession of the
State
4. information and testimony can be corroborated on its material
points
5. informant has been previously convicted of a crime involving moral
turpitude
Article 213
Notes:
1. The public officer must act in his official capacity
2. The felony is consummated by merely entering into an agreement
with any interested party or speculator or by merely making use of
any scheme to defraud the Government
Notes:
Article 214
Note: RTC has jurisdiction over the offense because the principal
penalty is disqualification
Article 215
Notes:
Article 216
Notes:
RA 7080
1. Persons Liable:
1. Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or consanguinity,
business associates and subordinates or other persons,
amasses, accumulates, or acquires ill-gotten wealth through a
combination or series of overt or criminal acts as described
under (I) in the aggregate amount or total value of at least 50
million pesos, shall be guilty of the crime of plunder (as
amended by RA 7659).
2. Any person who participated with the said public officer in the
commission of plunder.
1. Rule of Evidence:
1. Prescription of Crime:
Article 217
ELEMENTS COMMON TO ALL ACTS MALVERSATION OF
PUBLIC FUNDS OR PROPERTY :
Article 218
Article 220
To distinguish this article with Art 217, just remember that in illegal
use of public funds or property, the offender does not derive any
personal gain, the funds are merely devoted to some other public
use
Absence of damage is only a mitigating circumstance
Article 221
Article 222
Article 224
Article 225
Article 226
1. tamper with it
2. to profit by it
3. to commit any act constituting a breech of trust in the official
thereof
Article 228
Article 229
Notes:
Notes:
Article 230
Article 232
Article 233
Article 234
Note: Even if the person did not run for the office on his own will as
the Constitution provides that every citizen may be required to
render service
Article 235
The public officer must have actual charge of the prisoner in order
to be held liable
To be considered a detention prisoner, the person arrested must
be placed in jail even for just a short while
Offender may also be held liable for physical injuries or damage
caused
Article 236
Article 238
Article 239
Article 240
Article 241
Article 242
Article 243
Note: Legislative or judicial officers are not liable under this article
Article 244
Article 245
The mother of the person in the custody of the public officer is not
included
Solicit: means to propose earnestly and persistently something
unchaste and immoral to a woman
The advances must be immoral or indecent
The crime is consummated by mere proposal
Proof of solicitation is not necessary when there is sexual
intercourse
Reference: