Module 2.6: Crimes Committed by Public Officers

1. Learning Objectives

Define a public officer and differentiate them from private individuals in the context of criminal law.
Distinguish between malfeasance, misfeasance, and nonfeasance as forms of dereliction of duty.
Analyze the elements of various forms of bribery and corruption, including direct bribery, indirect bribery, and qualified bribery.
Explain the concepts of malversation of public funds, including technical malversation, and identify the prima facie evidence for such crimes.
Identify and describe other crimes committed by public officers, such as frauds, illegal exactions, and various forms of infidelity in the custody of persons and documents.

2. DEFINITION OF PUBLIC OFFICER

Who is a public officer?

Under the Revised Penal Code, a public officer is any person who, by direct provision of the law, popular election, or appointment by a competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, or shall perform in said Government or in any of its branches public duties as an employee, agent, or subordinate official, of any rank or class.

Distinction from a private individual:

The main distinction lies in the nature of the functions performed. A public officer performs public functions and duties, and their actions are imbued with public trust. Crimes committed by public officers often involve an abuse of their official position or a violation of the trust placed in them by the public.

3. MALFEASANCE, MISFEASANCE, NONFEASANCE (Art. 203-245)

A. DERELICTION OF DUTY

Knowingly rendering unjust judgment (Art. 204): This applies to any judge who knowingly renders an unjust judgment in any case submitted to him for decision.
Judgment rendered through negligence (Art. 205): This applies to any judge who, through inexcusable negligence or ignorance, renders an unjust judgment.
Unjust interlocutory order (Art. 206): This is committed by a judge who knowingly renders an unjust interlocutory order or decision.
Malicious delay in administration of justice (Art. 207): This is committed by a judge who maliciously delays the administration of justice.

B. BRIBERY

Direct Bribery (Art. 210):
- Three acts of direct bribery:
  1. Agreeing 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.
  2. Accepting a gift in consideration of the execution of an act which does not constitute a crime, but is unjust.
  3. Agreeing to refrain from doing something which it is his official duty to do.
- Elements:
  1. The offender is a public officer.
  2. He accepts an offer or a promise or receives a gift or present by himself or through another.
  3. Such offer or promise is accepted or gift or present received by the public officer with a view to committing some crime, or in consideration of the execution of an act which does not constitute a crime but is unjust, or to refrain from doing something which it is his official duty to do.
Indirect Bribery (Art. 211):
- Elements:
  1. The offender is a public officer.
  2. He accepts a gift.
  3. The gift is offered to him by reason of his office.
- Distinction from direct bribery: In indirect bribery, there is no agreement to commit a crime, perform an unjust act, or refrain from doing a duty. The mere acceptance of a gift by reason of the office is sufficient.
Corruption of Public Officials (Art. 212): This crime is committed by the person who gives the bribe.
Qualified Bribery (Art. 211-A): This is committed by a public officer who is entrusted with law enforcement and refrains from arresting or prosecuting an offender for a crime punishable by reclusion perpetua and/or death in consideration of any offer, promise, gift, or present.

C. FRAUDS AND ILLEGAL EXACTIONS

Frauds against the public treasury (Art. 213): This is committed by a public officer who, in his official capacity, commits any of the following acts:
1. Enters into an agreement with any interested party or speculator or makes use of any other scheme to defraud the Government.
2. Being an expert, technician, or skilled workman, who, having been employed by the Government to determine the value of any property or work, shall collude with any other person to fix the price of the same at a higher amount than that which would be just.
Illegal exaction (Art. 213): This is committed by any public officer who demands, collects, or receives any amount different from or larger than that authorized by law.

D. MALVERSATION OF PUBLIC FUNDS (Art. 217)

Elements:
1. The offender is a public officer.
2. He has custody or control of public funds or property by reason of the duties of his office.
3. He misappropriates, appropriates, or takes or through abandonment or negligence permits any other person to take such public funds or property.
Prima facie evidence: The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to personal uses.
Technical malversation (Art. 220): This is committed by a public officer who applies public funds or property under his administration to a public use other than that for which such funds or property were appropriated by law or ordinance.

E. INFIDELITY OF PUBLIC OFFICERS

Conniving with or consenting to evasion (Art. 223): This is committed by a public officer who connives with or consents to the escape of a prisoner under his custody or charge.
Escape of prisoner (Art. 224): This is committed by a public officer who is in charge of a prisoner and through his negligence, the prisoner escapes.
Removal/concealment of documents (Art. 226): This is committed by a public officer who removes, destroys, or conceals documents or papers officially entrusted to him.
Infidelity in the custody of documents (Art. 227): This is committed by a public officer who, having custody of papers or documents, shall reveal their contents to a third person without authority.
Revelation of secrets (Art. 229-230): This is committed by a public officer who reveals any secret known to him by reason of his official capacity.

4. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019)

Corrupt practices defined:

RA 3019 enumerates specific acts of public officers and private persons which are declared to be unlawful.

Section 3 violations:

(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations...
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit...
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit...
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him...
(e) Causing any undue injury to any party, including the Government...
(f) Neglecting or refusing, after due demand or request... to act within a reasonable time on any matter pending before him...
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same...
(h) 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...
(i) Directly or indirectly becoming interested for himself or in behalf of another in any transaction which requires the approval of a board, panel, or group of which he is a member...
(j) 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...
(k) Divulging valuable information of a confidential character...

5. CODE OF CONDUCT FOR PUBLIC OFFICIALS (RA 6713)

This law promotes a high standard of ethics in public service. It establishes a code of conduct for all public officials and employees, requiring them to be accountable to the people, to serve them with utmost responsibility, integrity, loyalty, and efficiency, and to act with patriotism and justice.

6. Comparison Tables

Crime	Offender	Act
Direct Bribery	Public Officer	Agrees to commit a crime, performs an unjust act, or refrains from doing a duty in exchange for a gift.
Indirect Bribery	Public Officer	Accepts a gift by reason of his office.
Corruption of Public Official	Private Person	Gives the bribe.
Malversation	Public Officer	Misappropriates public funds or property.
Technical Malversation	Public Officer	Applies public funds to a different public use.

7. Multiple Choice Practice Questions

A judge who knowingly renders an unjust judgment is liable for: a) Direct Bribery b) Indirect Bribery c) Knowingly rendering unjust judgment d) Malicious delay in the administration of justice
What is the crime committed by a public officer who accepts a gift by reason of his office? a) Direct Bribery b) Indirect Bribery c) Corruption of Public Officials d) Malversation
The failure of a public officer to have duly forthcoming any public funds with which he is chargeable, upon demand, is prima facie evidence of: a) Estafa b) Theft c) Malversation d) Illegal exaction
A public officer who applies public funds to a public use other than that for which they were appropriated is liable for: a) Malversation b) Technical Malversation c) Illegal Exaction d) Fraud against the public treasury
Which of the following is NOT an act of direct bribery? a) Agreeing to perform an act constituting a crime. b) Accepting a gift to perform an unjust act. c) Agreeing to refrain from doing an official duty. d) Accepting a gift by reason of his office.

... (Additional 25 questions in similar format)

Answer Key:

c) Knowingly rendering unjust judgment
- Explanation: Article 204 of the Revised Penal Code specifically penalizes this act.
b) Indirect Bribery
- Explanation: In indirect bribery, there is no agreement; the mere acceptance of a gift by reason of the office is sufficient.
c) Malversation
- Explanation: This is a specific provision under Article 217 of the Revised Penal Code.
b) Technical Malversation
- Explanation: Article 220 of the Revised Penal Code defines this crime.
d) Accepting a gift by reason of his office.
- Explanation: This constitutes indirect bribery under Article 211 of the Revised Penal Code.

... (Additional 25 answers and explanations)