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Chapter Two

OFFENSES AGAINST DECENCY AND GOOD CUSTOMS


Title Seven
Article 200. Grave scandal. - The penalties of arresto mayor and public censure shall be
imposed upon any person who shall offend against decency or good customs by any
CRIMES COMMITTED BY PUBLIC OFFICERS
highly scandalous conduct not expressly falling within any other article of this Code.

Chapter One
The elements of Grave scandal are: PRELIMINARY PROVISIONS

1. That the offender performs an act or acts; Article 203. Who are public officers. - For the purpose of applying the provisions of this
2. That such act or acts be highly scandalous as offending against decency or and the preceding titles of this book, any person who, by direct provision of the law,
good customs; popular election or appointment by competent authority, shall take part in the
3. That the highly scandalous conduct is not expressly falling within any other performance of public functions in the Government of the Philippine Islands, of shall
article of the code; perform in said Government or in any of its branches public duties as an employee,
4. That the act or acts complained of be committed in a public view. agent or subordinate official, of any rank or class, shall be deemed to be a public
officer.
Article 201. Immoral doctrines, obscene publications and exhibitions and indecent shows. -
The penalty of prision mayor or a fine ranging from six thousand to twelve thousand Chapter Two
pesos, or both such imprisonment and fine, shall be imposed upon: MALFEASANCE AND MISFEASANCE IN OFFICE

(1) Those who shall publicly expound or proclaim doctrines openly contrary Section One. - Dereliction of duty
to public morals;
Article 204. Knowingly rendering unjust judgment. - Any judge who shall knowingly
(2) (a) the authors of obscene literature, published with their knowledge in render an unjust judgment in any case submitted to him for decision, shall be
any form; the editors publishing such literature; and the owners/operators punished by prision mayor and perpetual absolute disqualification.
of the establishment selling the same;
Article 205. Judgment rendered through negligence. - Any judge who, by reason of
(b) Those who, in theaters, fairs, cinematographs or any other place, inexcusable negligence or ignorance shall render a manifestly unjust judgment in any
exhibit, indecent or immoral plays, scenes, acts or shows, whether case submitted to him for decision shall be punished by arresto mayor and temporary
live or in film, which are prescribed by virtue hereof, shall include special disqualification.
those which (1) glorify criminals or condone crimes; (2) serve no
other purpose but to satisfy the market for violence, lust or
Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an
pornography; (3) offend any race or religion; (4) tend to abet traffic
unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its
in and use of prohibited drugs; and (5) are contrary to law, public
minimum period and suspension; but if he shall have acted by reason of inexcusable
order, morals, and good customs, established policies, lawful
negligence or ignorance and the interlocutory order or decree be manifestly unjust,
orders, decrees and edicts;
the penalty shall be suspension.

(3) Those who shall sell, give away or exhibit films, prints, engravings,
Article 207. Malicious delay in the administration of justice. - The penalty of prision
sculpture or literature which are offensive to morals. (As amended by PD
correccional in its minimum period shall be imposed upon any judge guilty of
Nos. 960 and 969).
malicious delay in the administration of justice.

The word “obscene” may be defined as something offensive to chastity, decency or


delicacy.

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Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision The provisions contained in the preceding paragraphs shall be made applicable to
correccional in its minimum period and suspension shall be imposed upon any public assessors, arbitrators, appraisal and claim commissioners, experts or any other
officer, or officer of the law, who, in dereliction of the duties of his office, shall persons performing public duties. (As amended by Batas Pambansa Blg. 871,
maliciously refrain from instituting prosecution for the punishment of violators of the approved May 29, 1985).
law, or shall tolerate the commission of offenses.
Elements of direct bribery:
Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In
addition to the proper administrative action, the penalty of prision correccional in its a. That the offender be a public officer within the scope of Art. 203.
minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious
b. That the offender accepts an offer or a promise or receives a gift or present by
breach of professional duty or of inexcusable negligence or ignorance, shall prejudice
himself or through another.
his client, or reveal any of the secrets of the latter learned by him in his professional
capacity.
c. That such offer or promise be accepted, or gift or present received by the public
officer —
The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador
judicial) who, having undertaken the defense of a client or having received
confidential information from said client in a case, shall undertake the defense of the (1) with a view to committing some crime; or
opposing party in the same case, without the consent of his first client.
(2) in consideration of the execution of an act which does not constitute a
Section Two. - Bribery crime, but the act must be unjust; or

Article 210. Direct bribery. - Any public officer who shall agree to perform an act (3) to refrain from doing something which it is his official duty to do.
constituting a crime, in connection with the performance of this official duties, in
consideration of any offer, promise, gift or present received by such officer, d. That the act which the offender agrees to perform or which he executes be
personally or through the mediation of another, shall suffer the penalty of prision connected with the performance of his official duties.
mayor in its medium and maximum periods and a fine of not less than the value of
the gift and] not less than three times the value of the gift in addition to the penalty Examples of direct bribery:
corresponding to the crime agreed upon, if the same shall have been committed.
1. The treasurer who, in consideration of money or present, awards certain
If the gift was accepted by the officer in consideration of the execution of an act which stalls in the public market to a Chinaman, in spite of the fact that there are
does not constitute a crime, and the officer executed said act, he shall suffer the same Filipinos who have better rights. This act of the treasurer is not a crime but it
penalty provided in the preceding paragraph; and if said act shall not have been is unjust.
accomplished, the officer shall suffer the penalties of prision correccional, in its 2. The stenographer of the court accepted a promise of PI 00 from an
medium period and a fine of not less than twice the value of such gift. individual and promised to alter the notes taken by him during the trial of a
case. The act which the stenographer promised to do would constitute the
If the object for which the gift was received or promised was to make the public crime of falsification under Art. 171 of the Code.
officer refrain from doing something which it was his official duty to do, he shall 3. A sanitary inspector who accepts a gift from the tenant of an unsanitary
suffer the penalties of prision correccional in its maximum period and a fine of not building and in consideration thereof refrains from performing his duty to
less than the value of the gift and not less than three times the value of such gift. report its condition to his superiors, is guilty under the third paragraph of
Art. 210. (U.S. vs. Navarro, 3 Phil. 633)
In addition to the penalties provided in the preceding paragraphs, the culprit shall
suffer the penalty of special temporary disqualification.

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Article 211. Indirect bribery. - The penalties of prision correccional in its medium and If it is the public officer who asks or demands such gift or present, he shall suffer the
maximum periods, and public censure shall be imposed upon any public officer who penalty of death. (As added by Sec. 4, RA No. 7659).
shall accept gifts offered to him by reason of his office. (As amended by Batas
Pambansa Blg. 871, approved May 29, 1985). Elements:

Elements: 1. That the offender is a public officer entrusted with law enforcement;

1. That the offender is a public officer. 2. That the offender refrains from arresting or prosecuting an offender who
has committed a crime punishable by reclusion perpetua and/or death;
2. That he accepts gifts.
3. That the offender refrains from arresting or prosecuting the offender in
3. That the said gifts are offered to him by reason of his office. consideration of any promise, gift or present.

Example of indirect bribery. Article 212. Corruption of public officials. - The same penalties imposed upon the officer
corrupted, except those of disqualification and suspension, shall be imposed upon
A veterinarian of the Board of Health, entrusted with the duty of examining mules any person who shall have made the offers or promises or given the gifts or presents
which were offered for sale to the Government, received a certain amount of money as described in the preceding articles.
from the vendor of mules after the latter had received from the Government the
purchase price of the mules sold. There was no evidence to the effect that the money Elements:
was given for the purpose of preventing the veterinarian from doing or inducing him
to do something pertaining to his officer. (U.S. vs. Richards, 6 Phil. 545) He accepted 1. That the offender makes offers or promises or gives gifts or presents to a public
the gift offered to him by reason of his office. officer.

Direct bribery distinguished from indirect bribery. 2. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will make the public officer liable for direct bribery
1. In both crimes, the public officer receives gift. or indirect bribery.

2. While in direct bribery there is an agreement between the public officer and the Also see RA 3019 otherwise known as the Anti-Graft and Corrupt Practices Act.
giver of the gift or present, in indirect bribery, usually, no such agreement exists.
Chapter Three
3. In direct bribery, the offender agrees to perform or performs an act or refrains from FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
doing something, because of the gift or promise; in indirect bribery, it is not necessary
that the officer should do any particular act or even promise to do an act, as it is Article 213. Frauds against the public treasury and similar offenses. - The penalty of
enough that he accepts gifts offered to him by reason of his office, (cited in Pozar vs. prision correccional in its medium period to prision mayor in its minimum period, or
Court of Appeals, 132 SCRA 729) a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public
officer who:
Article 211-A. Qualified bribery. - If any public officer is entrusted with law
enforcement and he refrains from arresting or prosecuting an offender who has 1. In his official capacity, in dealing with any person with regard to
committed a crime punishable by reclusion perpetua and/or death in consideration furnishing supplies, the making of contracts, or the adjustment or settlement
of any offer, promise, gift or present, he shall suffer the penalty for the offense which of accounts relating to public property or funds, shall enter into an
was not prosecuted. agreement with any interested party or speculator or make use of any other
scheme, to defraud the Government;

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2. Being entrusted with the collection of taxes, licenses, fees and other (3) Collecting or receiving, directly or indirectly, by way of payment or
imposts, shall be guilty or any of the following acts or omissions: otherwise, things or objects of a nature different from that provided by law.

(a) Demanding, directly, or indirectly, the payment of sums Article 214. Other frauds. - In addition to the penalties prescribed in the provisions of
different from or larger than those authorized by law. Chapter Six, Title Ten, Book Two, of this Code, the penalty of temporary special
disqualification in its maximum period to perpetual special disqualification shall be
(b) Failing voluntarily to issue a receipt, as provided by law, for imposed upon any public officer who, taking advantage of his official position, shall
any sum of money collected by him officially. commit any of the frauds or deceits enumerated in said provisions.

(c) Collecting or receiving, directly or indirectly, by way of Article 215. Prohibited transactions. - The penalty of prision correccional in its
payment or otherwise things or objects of a nature different from maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
that provided by law. upon any appointive public officer who, during his incumbency, shall directly or
indirectly become interested in any transaction of exchange or speculation within the
territory subject to his jurisdiction.
When the culprit is an officer or employee of the Bureau of Internal Revenue or the
Bureau of Customs, the provisions of the Administrative Code shall be applied.
Article 216. Possession of prohibited interest by a public officer. - The penalty of arresto
mayor in its medium period to prision correccional in its minimum period, or a fine
Elements of frauds against public treasury (Art. 213, par. 1):
ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public officer who
directly or indirectly, shall become interested in any contract or business in which it is
a. That the offender be a public officer. his official duty to intervene.

b. That he should have taken advantage of his office, that is, he intervened in the This provisions is applicable to experts, arbitrators and private accountants who, in
transaction in his official capacity. like manner, shall take part in any contract or transaction connected with the estate or
property in appraisal, distribution or adjudication of which they shall have acted, and
c. That he entered into an agreement with any interested party or speculator or made to the guardians and executors with respect to the property belonging to their wards
use of any other scheme with regard to (1) furnishing supplies, (2) the making of or estate.
contracts, or (3) the adjustment or settlement of accounts relating to public property
or funds.

d. That the accused had intent to defraud the Government. Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
Elements of illegal exactions:
What are the crimes called malversation of public funds or property?
a. The offender is a public officer entrusted with the collection of taxes, licenses, fees
and other imposts. They are:

b. He is guilty of any of the following acts or omissions: 1. Malversation by appropriating, misappropriating or permitting any other person
to take public funds or property. (Art. 217)
(1) Demanding, directly or indirectly, the payment of sums different from or
larger than those authorized by law; or 2. Failure of accountable officer to render accounts. (Art. 218)

(2) Failing voluntarily to issue a receipt, as provided by law, for any sum of 3. Failure of a responsible public officer to render accounts before leaving the country.
money collected by him officially; or (Art. 219)
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4. Illegal use of public funds or property. (Art. 220) Acts punishable in malversation.

5. Failure to make delivery of public funds or property. (Art. 221) 1. By appropriating public funds or property.

Article 217. Malversation of public funds or property; Presumption of malversation. - Any 2. By taking or misappropriating the same.
public officer who, by reason of the duties of his office, is accountable for public
funds or property, shall appropriate the same or shall take or misappropriate or shall 3. By consenting, or through abandonment or negligence, permitting any other
consent, through abandonment or negligence, shall permit any other person to take person to take such public funds or property.
such public funds, or property, wholly or partially, or shall otherwise be guilty of the
misappropriation or malversation of such funds or property, shall suffer:
4. By being otherwise guilty of the misappropriation or malversation of such funds or
property.
1. The penalty of prision correccional in its medium and maximum periods,
if the amount involved in the misappropriation or malversation does not
Elements common to all acts of malversation under Art. 217.
exceed two hundred pesos.

(a) That the offender be a public officer.


2. The penalty of prision mayor in its minimum and medium periods, if the
amount involved is more than two hundred pesos but does not exceed six
thousand pesos. (b) That he had the custody or control of funds or property by reason of the duties of
his office.
3. The penalty of prision mayor in its maximum period to reclusion temporal
in its minimum period, if the amount involved is more than six thousand (c) That those funds or property were public funds or property for which he was
pesos but is less than twelve thousand pesos. accountable.

4. The penalty of reclusion temporal, in its medium and maximum periods, (d) That he appropriated, took, misappropriated or consented or, through
if the amount involved is more than twelve thousand pesos but is less than abandonment or negligence, permitted another person to take them.
twenty-two thousand pesos. If the amount exceeds the latter, the penalty
shall be reclusion temporal in its maximum period to reclusion perpetua. Article 218. Failure of accountable officer to render accounts. - Any public officer, whether
in the service or separated therefrom by resignation or any other cause, who is
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual required by law or regulation to render account to the Insular Auditor, or to a
special disqualification and a fine equal to the amount of the funds malversed or provincial auditor and who fails to do so for a period of two months after such
equal to the total value of the property embezzled. accounts should be rendered, shall be punished by prision correccional in its
minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.
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 Article 219. Failure of a responsible public officer to render accounts before leaving the
prima facie evidence that he has put such missing funds or property to personal use. country. - Any public officer who unlawfully leaves or attempts to leave the
(As amended by RA 1060). Philippine Islands without securing a certificate from the Insular Auditor showing
that his accounts have been finally settled, shall be punished by arresto mayor, or a
fine ranging from 200 to 1,000 pesos or both.
What is embezzlement?

Article 220. Illegal use of public funds or property. - Any public officer who shall apply
Malversation is otherwise called embezzlement. Note the word "embezzled" in the
any public fund or property under his administration to any public use other than for
phrase "or equal to the total value of the property embezzled" in the penultimate
which such fund or property were appropriated by law or ordinance shall suffer the
paragraph of Art. 217.
penalty of prision correccional in its minimum period or a fine ranging from one-half

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to the total of the sum misapplied, if by reason of such misapplication, any damages Chapter Five
or embarrassment shall have resulted to the public service. In either case, the offender INFIDELITY OF PUBLIC OFFICERS
shall also suffer the penalty of temporary special disqualification.
Section One. - Infidelity in the custody of prisoners
If no damage or embarrassment to the public service has resulted, the penalty shall be
a fine from 5 to 50 per cent of the sum misapplied. Article 223. Conniving with or consenting to evasion. - Any public officer who shall
consent to the escape of a prisoner in his custody or charge, shall be punished:
Elements of Technical Malversation:
1. By prision correccional in its medium and maximum periods and
1. That the offender is a public officer. temporary special disqualification in its maximum period to perpetual
special disqualification, if the fugitive shall have been sentenced by final
2. That there is public fund or property under his administration. judgment to any penalty.

3. That such public fund or property has been appropriated by law or ordinance. 2. By prision correccional in its minimum period and temporary special
disqualification, in case the fugitive shall not have been finally convicted but
only held as a detention prisoner for any crime or violation of law or
4. That he applies the same to a public use other than that for which such fund or
municipal ordinance.
property has been appropriated by law or ordinance.

Article 224. Evasion through negligence. - If the evasion of the prisoner shall have taken
Example of illegal use of public funds.
place through the negligence of the officer charged with the conveyance or custody of
the escaping prisoner, said officer shall suffer the penalties of arresto mayor in its
When the school teachers and other municipal officers were unable to receive their maximum period to prision correccional in its minimum period and temporary
salaries because the treasurer applied the funds, appropriated from the payment of special disqualification.
said salaries, to another public use, there is detriment and hindrance to the public
service. (U.S. vs. Ejercito, 6 Phil. 80)
Article 225. Escape of prisoner under the custody of a person not a public officer. - Any
private person to whom the conveyance or custody or a prisoner or person under
Article 221. Failure to make delivery of public funds or property. - Any public officer arrest shall have been confided, who shall commit any of the offenses mentioned in
under obligation to make payment from Government funds in his possession, who the two preceding articles, shall suffer the penalty next lower in degree than that
shall fail to make such payment, shall be punished by arresto mayor and a fine from 5 prescribed for the public officer.
to 25 per cent of the sum which he failed to pay.
Section Two. - Infidelity in the custody of document
This provision shall apply to any public officer who, being ordered by competent
authority to deliver any property in his custody or under his administration, shall
Article 226. Removal, concealment or destruction of documents. - Any public officer who
refuse to make such delivery.
shall remove, destroy or conceal documents or papers officially entrusted to him,
shall suffer:
The fine shall be graduated in such case by the value of the thing, provided that it
shall not less than 50 pesos.
1. The penalty of prision mayor and a fine not exceeding 1,000 pesos,
whenever serious damage shall have been caused thereby to a third party or
Article 222. Officers included in the preceding provisions. - The provisions of this chapter to the public interest.
shall apply to private individuals who in any capacity whatever, have charge of any
insular, provincial or municipal funds, revenues, or property and to any
2. The penalty of prision correccional in its minimum and medium period
administrator or depository of funds or property attached, seized or deposited by
and a fine not exceeding 1,000 pesos, whenever the damage to a third party
public authority, even if such property belongs to a private individual.
or to the public interest shall not have been serious.
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In either case, the additional penalty of temporary special disqualification in its Article 232. Disobedience to order of superior officers, when said order was suspended by
maximum period to perpetual disqualification shall be imposed. inferior officer. - Any public officer who, having for any reason suspended the
execution of the orders of his superiors, shall disobey such superiors after the latter
Article 227. Officer breaking seal. - Any public officer charged with the custody of have disapproved the suspension, shall suffer the penalties of prision correccional in
papers or property sealed by proper authority, who shall break the seals or permit its minimum and medium periods and perpetual special disqualification.
them to be broken, shall suffer the penalties of prision correccional in its minimum
and medium periods, temporary special disqualification and a fine not exceeding Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period
2,000 pesos. to prision correccional in its minimum period, perpetual special disqualification and a
fine not exceeding 1,000 pesos, shall be imposed upon a public officer who, upon
Article 228. Opening of closed documents. - Any public officer not included in the demand from competent authority, shall fail to lend his cooperation towards the
provisions of the next preceding article who, without proper authority, shall open or administration of justice or other public service, if such failure shall result in serious
shall permit to be opened any closed papers, documents or objects entrusted to his damage to the public interest, or to a third party; otherwise, arresto mayor in its
custody, shall suffer the penalties or arresto mayor, temporary special disqualification medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.
and a fine of not exceeding 2,000 pesos.
Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not
Section Three. - Revelation of secrets exceeding 1,000 pesos, or both, shall be imposed upon any person who, having been
elected by popular election to a public office, shall refuse without legal motive to be
sworn in or to discharge the duties of said office.
Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any
secret known to him by reason of his official capacity, or shall wrongfully deliver
papers or copies of papers of which he may have charge and which should not be Article 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium
published, shall suffer the penalties of prision correccional in its medium and period to prision correccional in its minimum period, in addition to his liability for
maximum periods, perpetual special disqualification and a fine not exceeding 2,000 the physical injuries or damage caused, shall be imposed upon any public officer or
pesos if the revelation of such secrets or the delivery of such papers shall have caused employee who shall overdo himself in the correction or handling of a prisoner or
serious damage to the public interest; otherwise, the penalties of prision correccional detention prisoner under his charge, by the imposition of punishment not authorized
in its minimum period, temporary special disqualification and a fine not exceeding 50 by the regulations, or by inflicting such punishment in a cruel and humiliating
pesos shall be imposed. manner.

Article 230. Public officer revealing secrets of private individual. - Any public officer to If the purpose of the maltreatment is to extort a confession, or to obtain some
whom the secrets of any private individual shall become known by reason of his information from the prisoner, the offender shall be punished by prision correccional
office who shall reveal such secrets, shall suffer the penalties of arresto mayor and a in its minimum period, temporary special disqualification and a fine not exceeding
fine not exceeding 1,000 pesos. 500 pesos, in addition to his liability for the physical injuries or damage caused.

Chapter Six Section Two. - Anticipation, prolongation and abandonment of the duties and
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS powers of public office.

Article 231. Open disobedience. - Any judicial or executive officer who shall openly Article 236. Anticipation of duties of a public office. - Any person who shall assume the
refuse to execute the judgment, decision or order of any superior authority made performance of the duties and powers of any public officer or employment without
within the scope of the jurisdiction of the latter and issued with all the legal first being sworn in or having given the bond required by law, shall be suspended
formalities, shall suffer the penalties of arresto mayor in its medium period to prision from such office or employment until he shall have complied with the respective
correccional in its minimum period, temporary special disqualification in its formalities and shall be fined from 200 to 500 pesos.
maximum period and a fine not exceeding 1,000 pesos.
Article 237. Prolonging performance of duties and powers. - Any public officer shall
continue to exercise the duties and powers of his office, employment or commission,
beyond the period provided by law, regulation or special provisions applicable to the
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case, shall suffer the penalties of prision correccional in its minimum period, special courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500
temporary disqualification in its minimum period and a fine not exceeding 500 pesos. pesos.

Article 238. Abandonment of office or position. - Any public officer who, before the Article 244. Unlawful appointments. - Any public officer who shall knowingly
acceptance of his resignation, shall abandon his office to the detriment of the public nominate or appoint to any public office any person lacking the legal qualifications
service shall suffer the penalty of arresto mayor. therefor, shall suffer the penalty of arresto mayor and a fine not exceeding 1,000 pesos.

If such office shall have been abandoned in order to evade the discharge of the duties Section Four. - Abuses against chastity
of preventing, prosecuting or punishing any of the crime falling within Title One, and
Chapter One of Title Three of Book Two of this Code, the offender shall be punished Article 245. Abuses against chastity; Penalties. - The penalties of prision correccional in
by prision correccional in its minimum and medium periods, and by arresto mayor if its medium and maximum periods and temporary special disqualification shall be
the purpose of such abandonment is to evade the duty of preventing, prosecuting or imposed:
punishing any other crime.
1. Upon any public officer who shall solicit or make immoral or indecent
Section Three. - Usurpation of powers and unlawful appointments advances to a woman interested in matters pending before such officer for
decision, or with respect to which he is required to submit a report to or
Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its consult with a superior officer;
minimum period, temporary special disqualification and a fine not exceeding 1,000
pesos, shall be imposed upon any public officer who shall encroach upon the powers 2. Any warden or other public officer directly charged with the care and
of the legislative branch of the Government, either by making general rules or custody of prisoners or persons under arrest who shall solicit or make
regulations beyond the scope of his authority, or by attempting to repeal a law or immoral or indecent advances to a woman under his custody.
suspending the execution thereof.
If the person solicited be the wife, daughter, sister of relative within the same degree
Article 240. Usurpation of executive functions. - Any judge who shall assume any power by affinity of any person in the custody of such warden or officer, the penalties shall
pertaining to the executive authorities, or shall obstruct the latter in the lawful be prision correccional in its minimum and medium periods and temporary special
exercise of their powers, shall suffer the penalty of arresto mayorin its medium period disqualification.
to prision correccional in its minimum period.

Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in its
medium period to prision correccional in its minimum period and shall be imposed
upon any officer of the executive branch of the Government who shall assume
judicial powers or shall obstruct the execution of any order or decision rendered by
any judge within its jurisdiction.

Article 242. Disobeying request for disqualification. - Any public officer who, before the
question of jurisdiction is decided, shall continue any proceeding after having been
lawfully required to refrain from so doing, shall be punished by arresto mayor and a
fine not exceeding 500 pesos.

Article 243. Orders or requests by executive officers to any judicial authority. - Any
executive officer who shall address any order or suggestion to any judicial authority
with respect to any case or business coming within the exclusive jurisdiction of the