CRIMINAL LAW
III. REVISED PENAL CODE – BOOK TWO
F. Title Seven: Crimes Committed by Public Officers
Title Seven of the Revised Penal Code of the Philippines deals with crimes committed by public officers. These provisions ensure accountability, integrity, and the proper conduct of public officers. Below is a meticulous breakdown of the relevant articles under Title Seven:
1. Article 203: Who Are Public Officers
- Public officers are individuals directly vested with authority by law, who perform public duties and exercise functions of public trust.
Key Elements:
- Direct vesting of authority by law.
- Public functions involve duties prescribed by law.
2. Article 204: Knowingly Rendering Unjust Judgment
- Definition: A judge knowingly renders an unjust judgment.
Elements:
- Accused is a judge.
- Judgment rendered was unjust.
- Knowledge on the part of the judge that the judgment was unjust.
Penalty:
- Prision mayor and perpetual disqualification.
3. Article 205: Judgment Rendered Through Negligence
- Definition: A judge negligently renders an unjust judgment.
Elements:
- Accused is a judge.
- Judgment rendered was unjust.
- Unjust judgment was due to inexcusable negligence or ignorance.
Penalty:
- Suspension or temporary disqualification.
4. Article 206: Unjust Interlocutory Order
- Definition: A judge issues an unjust interlocutory order knowingly or through gross ignorance.
Penalty:
- Suspension or disqualification.
5. Article 207: Malicious Delay in the Administration of Justice
- Definition: A judge or officer delays justice maliciously.
Elements:
- Public officer is charged with the duty of administering justice.
- Malicious delay occurred.
Penalty:
- Prision correccional in its minimum period and a fine.
6. Article 208: Prosecution of Offenses; Dereliction of Duty
- Definition: A public officer, tasked with prosecution, fails to prosecute or delays prosecution.
Elements:
- Duty to prosecute is vested by law.
- Public officer fails or delays prosecution intentionally.
Penalty:
- Prision correccional in its minimum period and suspension.
7. Article 209: Betrayal of Trust by an Attorney or Solicitor
- Definition: Attorneys betray their client’s cause, including by misusing funds or disclosing secrets.
Elements:
- Accused is an attorney or solicitor.
- Betrayal occurs through deceit or malice.
Penalty:
- Prision correccional in its minimum period, fine, and disqualification.
8. Article 210: Direct Bribery
- Definition: A public officer agrees to perform an act, whether legal or illegal, in exchange for a gift or promise.
Elements:
- Public officer agrees to receive gifts.
- Act is related to their official duty.
Penalty:
- Prision mayor and a fine, depending on the value of the gift.
9. Article 211: Indirect Bribery
- Definition: A public officer accepts gifts offered due to their official position.
Penalty:
- Prision correccional in its minimum period and suspension.
10. Article 211-A: Qualified Bribery
- Definition: A public officer refrains from performing their duty in exchange for gifts, especially in crimes punishable by reclusion perpetua or death.
Penalty:
- Reclusion perpetua to death.
11. Article 212: Corruption of Public Officials
- Definition: Offering gifts or promises to public officers to perform an act.
Penalty:
- Same as the penalty for the corrupted officer.
12. Article 213: Frauds Against the Public Treasury
- Definition: Public officers who defraud public funds or property.
Elements:
- Misappropriation of funds or property.
- Fraud is willful.
Penalty:
- Prision mayor and fine.
13. Article 214: Other Frauds
- Definition: Misuse of public property by a public officer for personal benefit.
Penalty:
- Prision correccional and fine.
14. Article 215: Prohibited Transactions
- Definition: Public officers engaged in prohibited financial dealings.
Penalty:
- Prision correccional and suspension.
15. Article 216: Possession of Prohibited Interest
- Definition: Public officers directly or indirectly acquiring interest in contracts or public funds.
Penalty:
- Prision correccional and fine.
16. Articles 217–223: Malversation and Similar Offenses
Article 217: Malversation
- Public funds are embezzled or misappropriated.
- Penalty: Prision mayor to reclusion perpetua.
Article 218: Failure to Render Accounts
- Public officer fails to account for public funds.
Article 219: Failure to Act as Required by Law
- Officers fail to safeguard public funds.
Article 220: Illegal Use of Public Funds (Technical Malversation)
- Misuse of public funds for unauthorized purposes.
Article 221–223: Additional Offenses
- Includes concealment, destruction of documents, and similar acts.
17. Article 224: Evasion Through Negligence
- Definition: A public officer negligently allows prisoner escape.
Penalty:
- Prision correccional.
18. Article 225–232: Other Crimes
Abuse of Authority
- Public officers exceed their lawful duties.
Dereliction of Duty
- Includes failure to prosecute or enforce laws.
Key Concepts
- Mens Rea: Criminal intent or gross negligence.
- Dolo vs. Culpa: Deliberate acts versus acts of negligence.
- Penalties: Vary from suspension to life imprisonment.
Relevance and Principles
- Public Accountability: Laws ensure integrity.
- Rule of Law: No one is above the law.
- Proportionality: Punishments match the severity of the offense.
This summary captures the essentials of Crimes Committed by Public Officers under the Revised Penal Code, ensuring clarity and adherence to legal doctrines.