TITLE VII: CRIMES COMMITTED BY PUBLIC OFFICERS

1. Knowingly rendering unjust judgment

2. Judgment rendered through negligence
3. Unjust interlocutory order
4. Malicious delay in the administration of justice
5. Prosecution of offenses; negligence and tolerance
6. Betrayal of trust by an attorney or solicitor. - Revelation of secrets
7. Direct bribery
8. Indirect bribery
9. Qualified bribery
10. Corruption of public officials
11. Frauds against the public treasury and similar offenses
12. Other Frauds
13. Prohibited transactions
14. Possession of prohibited interest by a public officer
15. Malversation of public funds or property
16. Failure of accountable officer to render accounts
17. Failure of a responsible public officer to render
accounts before leaving the country
18. Illegal use of public funds or property
19. Failure to make delivery of public funds or property
20. Conniving with or consenting to evasion
21. Evasion through negligence
22. Escape of prisoner under the custody of a person not a public officer
23. Removal, concealment or destruction of documents
24. Officer breaking seal
25. Opening of closed documents
26. Revelation of secrets by an officer
27. Public officer revealing secrets of private individual
28. Open disobedience
29. Disobedience to order of superior officer,
when said order was suspended by inferior officer
30. Refusal of assistance
31. Refusal to discharge elective office
32. Maltreatment of prisoners
33. Anticipation of duties of a public office
34. Prolonging performance of duties and powers
35. Abandonment of office or position
36. Usurpation of legislative powers
37. Usurpation of executive functions
38. Usurpation of judicial functions
39. Disobeying request for disqualification
40. Orders or requests by executive officers to any judicial authority
41. Unlawful appointments
42. Abuses against chastity
 1. Enumerate the acts punishable as corrupt practices of public officers in the context of Section 3 of
RA 3019?
(a) Persuading, inducing or influencing another public 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.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection with any contract or transaction between the Government
and any other part, wherein the public officer in his official capacity has to intervene under the law.
(c) 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 Section thirteen of this Act.
(d) 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 one year after its termination.
(e) 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 official 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.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a
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.
(g) 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.
(h) Director or indirectly having financing 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 any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any
transaction or act requiring the approval of a board, panel or group of 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 transaction or acts by the board, panel or group to which
they belong.
(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, permit, privilege or advantage, or of a mere
representative or dummy of one who is not so qualified or entitled.
(k) 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 release date.

3. Acts considered as Betrayal of Trust by an Attorney or Solicitor

1. Causing damage to his client, either –
a. by any malicious breach of professional duty;
b. by inexcusable negligence or ignorance.
2. Revealing any of the secrets of his client learned by him in his professional capacity;
 3. Undertaking the defense of the opposing party in the same case, without the consent of his first client,
after having undertaken the defense of said first client or after having received confidential information
from said client.

4. Bribery & Corruption of Public Official

1. The accused in the direct bribery case is the public officer only. The bribe giver will be punished for
Corruption of a Public Officer.
2. Private persons are liable if they are performing public functions such as assessors, arbitrators,
appraisers and claim commissioners. These private persons are usually designated and/or directed by
the court to perform these functions as part of pending proceedings, and to submit their findings to the
court.
3. Corruption of a Public Officer is in addition to his liability if the act done by the officer is a crime in
which case he is a principal by inducement

5. Distinctions between Direct Bribery and Indirect Bribery

Direct Bribery Indirect Bribery

The public office receives a gift

There is an agreement between
There is no such agreement
the officer and the gift-giver
It is unnecessary that the
The offender agrees to perform
offender should do or promise
an act or refrains from doing
any act as it is enough that he
something because of the gift
accepted the gift by reason of
or promise
his office

6. Memorize the Elements of Bribery

1. That the accused is a public officer
2. That he received directly or through another, some gift or present, offer or promise
3. That such gift, present offer or promise has been given in consideration of his commission of some
crime, or any act not consisting a crime, or to refrain from doing something which it is his official duty to
do
2. That the crime or act relates to the exercise of his functions as a public officer

7. Offenses under the Anti-Money Laundering Act (RA 9160)

(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the
proceeds of any unlawful activity, transacts or attempts to transact said monetary instrument or property.
(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful
activity, performs or fails to perform any act as a result of which he facilitates the offense of money laundering
referred to in paragraph (a) above.
(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and
filed with the Anti-Money Laundering Council (AMLC), fails to do so.

Memorize the cycle of laundering

a. Placement – moving the funds from direct association with the crime;
b. Layering – disguising the trail to foil pursuit; and,
c. Integration – making the money available to the criminal, once again, with its occupational and
geographic origins hidden from view.
8. Direct Bribery, Indirect Bribery and Corruption of Public Officials. Effect if a public office returns the
bribe money handed over to him.

A public officer who immediately returns the bribe money handed over to him commits no crime.

9. Anti-Graft & Corrupt Practices Act (RA 3019). Definition of Gross Negligence and Ill-Gotten Wealth
Gross negligence – as negligence characterized by the want of even slight care, acting or omitting to act in a
situation where there is a duty to act, not inadvertently but wilfully and intentionally with a conscious
indifference to consequences in so far as other persons may be affected. It is the omission of that care which
even inattentive and thoughtless men never fail to take on their own property. (Fonacier v. Sandiganbayan, G.R.
No. 50691, December 5,1994, 238 SCRA 655, 687.)

"Ill-gotten wealth" means any asset, property, business, enterprise or material possession of any person within
the purview of Section Two (2) (RA 7080 - An Act Defining and Penalizing the Crime of Plunder), acquired by
him directly or indirectly through dummies, nominees, agents, subordinates and/or business associates by any
combination or series of the following means or similar schemes:
(1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public
treasury;
(2) 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 office concerned;
(3) 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;
(4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of
interest or participation including the promise of future employment in any business enterprise or undertaking;
(5) 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
(6) By taking 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. (Section 1, Ra 7080)

10. Granting Immunity from Prosecution to Givers of Bribes and Other Gifts and to Their Accomplices in
Bribery and other graft cases against officers. Who may be granted immunity under this act?

Any person who voluntarily gives information about any violation of Articles 210, 211 and 212 of the Revised
Penal Code, Republic Act Numbered Three Thousand Nineteen, as amended: Section 345 of the Internal
Revenue Code and Section 3604 of the Tariff and Customs Code and other provisions of the said Codes
penalizing abuse or dishonesty on the part of the public officials concerned; and other laws, rules and
regulations punishing acts of graft, corruption and other forms of official abuse; and who willingly testifies
against any public official or employee for such violation. (Section 1, PD 749)

11. Memorize punishable acts to the crime of Plunder under the Plunder Law

Anti-Plunder Act - 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 criminal acts as described in Section 1 (d) hereof in the aggregate amount or
total value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of plunder.

1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
 2) 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;

3) 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;

4) 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;

5) 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

6) 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.

12. What is meant by “combination” and “series” of overt and criminal acts under the Plunder Law?

 When the Plunder Law speaks of "combination," it is referring to at least two (2) acts falling under different
categories of enumeration provided in Sec. 1, par. (d).
Example: raids on the public treasury in Sec. 1, par. (d), subpar. (1), and fraudulent conveyance of assets
belonging to the National Government under Sec. 1, par. (d), subpar. (3).

 To constitute a series" there must be two (2) or more overt or criminal acts falling under the same category of
enumeration found in Sec. 1, par. (d),
Example: misappropriation, malversation and raids on the public treasury, all of which fall under Sec. 1, par. (d),
subpar. (1).

13. Is the crime of plunder malum in se or malum prohibitum?

Malum in se, being inherently immoral or inherently wrong, which requires proof of criminal intent. It is noteworthy that
the amended information alleges that the crime of plunder was committed "willfully, unlawfully and criminally." It thus
alleges guilty knowledge on the part of petitioner.

14. When can malversation be committed by private individuals?

A private person conspiring with an accountable public officer in committing malversation is also guilty of malversation.

15. Definition of Technical Malversation.

Illegal use of Public Funds or Property (Technical Malversation) – Using public funds to any public use other than for
which such fund or property were appropriated by law or ordinance

Distinction of Malversation from Technical Malversation.

1. Offenders in both crimes are public officers

2. In Illegal use, the public officer does not derive personal gain of profit,; In malversation, the offender in certain
cases profits.
3. In Illegal use, the public fund or property is applied to another public use; In malversation, the public fund or
property is applied to personal use.

16. In Malversation of Public Funds, the offender’s return of the amount malversed has what effect?
Return of the funds malversed is only a mitigating circumstance.

17. May the crime of Malversation be committed by a private individual?

Under Art 222, Private Individuals are liable for Malversation. The provisions of Article 217 shall apply to:
1. Private individuals who, in any capacity whatever, have charge of any national, provincial or municipal funds,
revenues, or property
2. Any administrator or depository of funds or property attached, seized or deposited by public authority, even if
such property belongs to a private individual.

18. May private property be the subject matter of the crime of Malversation?

Private property may be involved in malversation. This refers to properties attached, seized, or deposited by public
authority, even if such property belongs to a private individual.

19. A, a detention prisoner, was taken to a hospital for emergency medical treatment. His followers, all of whom were
armed, went to the hospital to take him away or help him escape. The prison guards, seeing that they were outnumbered
and that resistance would endanger the lives of other patients, decided to allow the prisoner to be taken by his followers.
What crime, if any, was committed by A’s followers? Why? (2002 Bar Question)

SUGGESTED ANSWER:
A’s followers shall be liable as principals in the crime of delivery of prisoner from jail (Art 156, Revised Penal Code).
The felony is committed not only by removing from any jail or penal establishment any person confined therein but also
by helping in the escape of such person outside of said establishments by means of violence, intimidation, bribery, or any
other means.

20. Randy, an NBI agent, was issued by the NBI an armalite rifle (Ml6) and a Smith and Wesson Revolver. Cal. 38. After a
year, the NBI Director made an inspection of all the firearms issued. Randy, who reported for work that morning, did not
show up during the inspection. He went on absence without leave (AWOL). After two years, he surrendered to the NBI the
two firearms issued to him. He was charged with malversation of government property before the Sandiganbayan. Randy
put up the defense that he did not appropriate the armalite rifle and the revolver for his own use, that the delay in
accounting for them does not constitute conversion and that actually the firearms were stolen by his friend, Santiago.
Decide the case. (Bar Question)

SUGGESTED ANSWER:

Randy is guilty as charged under Art. 217, RPC. He is accountable for the firearms they issued to him in his official
capacity. The failure of Randy to submit the firearms upon demand created the presumption that he converted them for
his own use. Even if there is no direct evidence of misappropriation, his failure to account for the government property is
enough factual basis for a finding of malversation. Indeed, even his explanation that the guns were stolen is incredible.
For if the firearms were actually stolen, he should have reported the matter immediately to the authorities. (People vs.
Baguiran ,20 SCRA 453; Felicilda us. Grospe, GR No. 10294, July 3, 1992)

21. Petitioner, a BIR official tasked to examine the Books of Accounts for Income and Business Tax and other accounting
records of professionals, one day appeared in the complainant’s office and told the latter that his tax deficiencies would
amount to P500,000. Because his books were not examined, complainant entertained that it was the start of an extortion,
and he tried to negotiate for a smaller amount. He requested the assistance of the NBI for an entrapment operation. On the
set payoff date, petitioner appeared in the complainant’s office. The meeting ensued and the complainant handed an
envelope with the planted money. Petitioner accepted the envelope, opened it, looked inside and saw the money. He then
closed the envelope and placed it in front of him. After that, the NBI apprehended him. Is demand, coming from the
accused public officer, necessary to convict him under Section 3 (b) of RA 3019?

No, demand is not necessary. Even if the gift was not demanded by the public officer and the offer was not made
voluntarily prior to said demand, public officer is liable if he accepts the gift or consents to the promise.