Elements

Question 1

Article 212

ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:

Answer 1

That the offender makes offers or promises or gives gifts or present to a public officer.

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 or indirect bribery

Question 2

Article 213

ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1)

Answer 2

That the offender be a public officer.

That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity.

That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to
(a) furnishing supplies
(b) the making of contracts, or
(c) the adjustment or settlement of account relating to a public property or funds.
That the accused had intent to defraud the government.

Question 3

Article 213 ILLEGAL EXACTIONS:

Answer 3

The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts.

He is guilty of any of the following acts or omissions:
1. demanding, directly or indirectly the payment of sums different from or larger than those authorized by law, or

2. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or
3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

Question 4

Article 214

ELEMENTS OF OTHER FRAUDS:

Answer 4

That the offender is a public officer.

That he takes advantage of his official position.

That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa; swindling)

Question 5

Article 215

ELEMENTS OF PROHIBITED TRANSACTIONS:

Answer 5

That the offender is an appointive public officer.

That he becomes interested, directly or indirectly, in any transaction of exchange or speculation.

That the transaction takes place within the territory subject to his jurisdiction.

That he becomes interested in the transaction during his incumbency.

Question 6

Article 216

POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :

Who are liable:

Answer 6

Public officer – in any contract or business in which it is his official duty to intervene.

Experts, arbitrators and private accountants – in any contract or transaction connected with the estate or property in the approval, distribution or adjudication of which they had acted.

Guardians and executors – with respect to property belonging to their wards or the estate.

Question 7

Article 217

ELEMENTS COMMON TO ALL ACTS MALVERSATION OF PUBLIC FUNDS OR PROPERTY :

Answer 7

That the offender be a public officer (or private person if entrusted with public funds or connived with public officers)

That he had the custody or control of funds or property (if not accountable for the funds, theft or qualified theft)

That those funds or property were public funds or property (even if private funds if attached, seized, deposited or commingled with public funds)

That he:
Appropriated the funds or property

Took or misappropriated them

Consented or, through abandonment or negligence, permitted any other person to take such public funds or property. (it is not necessary that the offender profited thereby. His being remiss in the duty of safekeeping public funds violates the trust reposed)

Question 8

Article 218

ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER TO RENDER ACCOUNTS :

Answer 8

That the offender is a public officer, whether in the service or separated therefrom.

That he must be an accountable officer for public funds property.

That he is required by law or regulation to render accounts to the commission on audit, or to a provincial auditor.

That he fails to do so for a period of two months after such accounts should be rendered.

Question 9

Article 219

ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC OFFICER TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY :

Answer 9

That the offender is a public officer.

That he must be an accountable officer for public funds or property.

That he must have unlawfully left (or be on the point of leaving) the Philippines without securing from the Commission on Audit a certificate showing that his accounts have been finally settled.

Question 10

Article 220

ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY (technical malversation):

Answer 10

That the offender is a public officer.
That there is public fund or property under his administration.
That such public fund or property has been appropriated by law or ordinance (without this, it is simple malversation even if applied to other public purpose).
That he applies the same to a public use other than for which such fund or property has been appropriated by law or ordinance.

Question 11

Article 221

ELEMENTS OF FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR PROPERTY

Answer 11

Offender has gov’t funds or property in his possession

He is under obligation to either:
make payment from such funds
to deliver property in his custody or administration when ordered by competent authority
He maliciously fails or refuses to do so

Question 12

Article 222

PERSONS WHO MAY BE HELD LIABLE UNDER ARTS 217 TO 221

Answer 12

Private individual who, in any capacity, have charge of any national, provincial or municipal funds, revenue, or property
Administrator or depositary of funds or property that has been attached, seized or deposited by public authority, even if owned by a private individual

Question 13

Article 223

ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION

Answer 13

That the offender is a public officer (on duty).
That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
That such prisoner escaped from his custody
That he was in connivance with the prisoner in the latter’s escape

Question 14

Article 224

ELEMENTS OF EVASION THROUGH NEGLIGENCE:

Answer 14

That the offender is a public officer.
That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
That such prisoner escapes through his negligence.
Penalty based on nature of imprisonment

Question 15

Article 225

ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER :

Answer 15

That the offender is a private person (note: must be on duty)
That the conveyance or custody of a prisoner or person under arrest is confined to him.
That the prisoner or person under arrest escapes.
That the offender consents to the escape of the prisoner or person under arrest, or that the escape takes place through his negligence

Question 16

Article 226

ELEMENTS OF REMOVAL, CONCEALMENT, OR DESTRUCTION OF DOCUMENTS Infidelity in custody of documents:

Answer 16

That the offender be a public officer.
That he abstracts, destroys or conceals a document or papers.
That the said document or paper should have been entrusted to such public officer by reason of his office.
That damage, whether serious or not, to a third party or to the public interest should have been caused.

Question 17

Article 227

ELEMENTS OF OFFICER BREAKING SEAL :

Answer 17

That the offender is a public officer.
That he is charged with the custody of papers or property.
That these papers or property are sealed by proper authority.
That he breaks the seals or permits them to be broken.

Question 18

Article 228

ELEMENTS OF OPENING OF CLOSED DOCUMENTS:

Answer 18

That the offender is a public officer.
That any closed papers, documents, or objects are entrusted to his custody.
That he opens or permits to be opened said closed papers, documents or objects.
That he does not have proper authority.
Note: Damage also not necessary

Question 19

Article 229

REVELATION OF SECRET BY AN OFFICER:

Part 1

Answer 19

ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY
That the offender is a public officer.
That he knows of a secret by reason of his official capacity.
That he reveals such secret without authority or justifiable reasons.
That damage, great or small, be caused to the public interest.
(damage is essential)

Question 20

Article 229

REVELATION OF SECRET BY AN OFFICER:

Part 2

Answer 20

ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED:
That the offender is a public officer.
That he has charge of papers.
That those papers should not be published.
That he delivers those papers or copies thereof to a third person.
That the delivery is wrongful.
That damage be caused to public interest.

Question 21

Article 230

ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL:

Answer 21

That the offender is a public officer
That he knows of the secret of a private individual by reason of his office.
That he reveals such secrets without authority or justification reason.

Question 22

Article 231

ELEMENTS OF OPEN DISOBEDIENCE:

Answer 22

That the offender is a judicial or executive officer.
That there is a judgment, decision or order of superior authority.
That such judgment, decision or order was made within the scope of the jurisdiction of the superior authority and issued with all the legal formalities.
that the offender without any legal justification openly refuses to execute the said judgment, decision or under which he is duty bound to obey.

Question 23

Article 232

ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER:

Answer 23

That the offender is a public officer.
That an order is issued by his superior for execution.
That he has for any reason suspended the execution of such order.
That his superior disapproves the suspension of the execution of the order.
That the offender disobeys his superior despite the disapproval of the suspension.
Note: A public officer is not liable if the order of the superior is illegal

Question 24

Article 233

ELEMENTS OF REFUSAL OF ASSISTANCE:

Answer 24

That the offender is a public officer.
That a competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service.
That the offender fails to do so maliciously.

Question 25

Article 234 ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:

Answer 25

That the offender is elected by popular election to a public office. That he refuses to be sworn in or discharge the duties of said office. That there is no legal motive for such refusal to be sworn in or to discharge the duties of said office.

Question 26

Article 235 ELEMENTS OF MALTREATMENT OF PRISONERS:

Answer 26

That the offender is a public officer or employee. That he has under charge a prisoner or detention prisoner (otherwise the crime is physical injuries) That he maltreats such prisoner in either of the following manners: by overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either – by the imposition of punishments not authorized by the regulations, or by inflicting such punishments (those authorized) in a cruel and humiliating manner, or

Question 27

Article 236 ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC OFFICE:

Answer 27

That the offender is entitled to hold a public office or employment, either by election or appointment. That the law requires that he should first be sworn in and/or should first give a bond. That he assumes the performance of the duties and powers of such office. That he has not taken his oath of office and./or given the bond required by law.

Question 28

Article 237 ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:

Answer 28

That the offender is holding a public office. That the period provided by law, regulations or special provisions for holding such office has already expired. That he continues to exercise the duties and powers of such office. Note: The article contemplates officers who have been suspended, separated or declared over-aged or dismissed

Question 29

Article 238 ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :

Answer 29

That the offender is a public officer. That he formally resigns from his position. That his resignation has not yet been accepted. That he abandons his office to the detriment of the public service.

Question 30

Article 239 ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:

Answer 30

``` That the offender is an executive or judicial officer. That he (a.) makes general rules or regulations beyond the scope of his authority or (b.) attempts to repeal a law or (c.) suspends the execution thereof. ```

Question 31

Article 240 ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:

Answer 31

``` That the offender is a judge. That he (a.) assumes a power pertaining to the executive authorities, or (b.) obstructs executive authorities in the lawful exercise of their powers. Note: Legislative officers are not liable for usurpation of executive functions ```

Question 32

Article 241 ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:

Answer 32

``` That the offender is an officer of the executive branch of the government. That he (a.) assumes judicial powers, or (b.) obstruct the execution of any order decision rendered by any judge within his jurisdiction. Note: A mayor is guilty under this article when he investigates a case while a justice of the peace is in the municipality ```

Question 33

Article 242 ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION:

Answer 33

at the offender is a public officer. That a proceeding is pending before such public officer. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided. That he has been lawfully required to refrain from continuing the proceeding. That he continues the proceeding.

Question 34

Article 243 ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY:

Answer 34

hat the offender is an executive officer. That the addresses any order or suggestion to any judicial authority. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. Note: Legislative or judicial officers are not liable under this article

Question 35

Article 244 ELEMENTS OF UNLAWFUL APPOINTMENTS:

Answer 35

That the offender is a public officer. That he nominates or appoints a person to a public office. That such person lacks the legal qualification therefor. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.

Question 36

Article 245 ELEMENTS OF ABUSES AGAINST CHASTITY:

Answer 36

That the offender is a public officer. That he solicits or makes immoral or indecent advances to a woman. That such woman must be – interested in matters pending before the offender for decision, or with respect to which he is required to submit a report to or consult with a superior officer, or under the custody of the offender who is a warden or other public officer directly charged with care and custody of prisoners or person under arrest, or the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender