Title 7 - [2/2] (Art. 231-245)

Question 1

CHAPTER SIX: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC OFFICERS
(ARTS. 231-245)

Answer 1

SECTION ONE: DISOBEDIENCE, REFUSAL
OF ASSISTANCE AND MALTREATMENT
OF PRISONERS)

Question 2

Art 231

Answer 2

Open Disobedience

Question 3

What is the act constituting this crime?

Answer 3

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

Question 4

Art 232

Answer 4

Disobedience to order of superior officer when said order was suspended by inferior officer

Question 5

Elements

Answer 5

1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior authority;
3. That such judgment, decision or order was made W/IN THE SCOPE OF JD of the superior authority and issued with ALL legal formalities;
4. That the offender w/o any legal justification openly refuses to execute said judgment, decision or order, which he is duty bound to obey

Question 6

Elements

Answer 6

1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of such order;
4. That his superior disapproves the suspension of the execution of the order;
5. That the offender disobeys his superior despite the disapproval of the suspension.

note this article does NOT apply if the order of the superior is illegal

Question 7

Art 233

Answer 7

Refusal of Assistance

Question 8

Cite an example

Answer 8

A chief of police who flatly and insolently refuses to serve summons of a provincial fiscal, after having been duly requested to do so by the latter official, is guilty of a violation of this article

Question 9

Elements

Answer 9

1. That the offender is a public officer.
2. That a competent authority demands from the offender that he lends his cooperation towards the administration of justice OR other public service.
3. That the offender fails to do so maliciously

note
- There must be damage to the public interest or to a third party.
- If the offender is a private individual, he may be held liable for contempt.

Question 10

234

Answer 10

Refusal to discharge elective office

Question 11

Elements

Answer 11

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

Question 12

Art 235

Answer 12

Maltreatment of Prisoners

Question 13

Elements

Answer 13

1. That the offender is a public officer OR employee;
2. That he has under his charge a prisoner convicted by final judgment OR a detention prisoner;
3. That he maltreats such prisoner in either of the following manners:
   [A] By overdoing himself in the correction or handling of a prisoner or detention prisoner under his charge either:
   i. by the imposition of punishments NOT authorized by the regulations, OR
   ii. by inflicting such punishments (those authorized) in a cruel and humiliating manner; or
   [B] By maltreating such prisoner to extort (force) a confession or to obtain some information from the prisoner.

note
- pub officer/emp must have actual charge of the prisoner

Question 14

When a prisoner is maltreated, how many crimes may be committed?

Answer 14

Offender may also be held liable for
- physical injuries OR damage caused.

There is NO complex crime of maltreatment of prisoners with serious or less serious physical injuries, as defined in Art. 48

Question 15

To what does the word maltreatment refer to?

Answer 15

The maltreatment (1) must relate to the correction or handling of the prisoner, or (2) must be for the purpose of extorting a confession or of obtaining some information from the prisoner.

note
if the jailer inflicted physical injuries on the prisoner because of personal grudge against the prisoner, the jailer is liable for physical injuries only

Question 16

Art 236

Answer 16

Anticipation of duties of a public office

Question 17

Elements

Answer 17

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

Question 18

Art 237

Answer 18

Prolonging Performance of Duties and Powers

Question 19

Who are the officers contemplated?

Answer 19

public officer who has been [ssod]

suspended
separated
overaged
dismissed

cannot continue to perform the duties of his office

Question 20

Elements

Answer 20

1. That the offender is holding a public office;
2. That the period provided by law, regulations or special provisions for holding such office, has already expired;
3. That he continues to exercise the duties and powers of such office.

Question 21

Art 238

Answer 21

Abandonment of office or position

Question 22

Elements

Answer 22

1. That the offender is a public officer;
2. That he formally resigns from his position;
   - There must be written or formal resignation
3. That his resignation has NOT YET BEEN accepted;
4. That he abandons his office to the detriment of the public service.

Question 23

When is the offense qualified?

Answer 23

when the abandonment of the office has for its purpose to evade the discharge of the duties of [ppp] preventing, prosecuting or punishing any of the crimes falling within Title 1 and Chapter 1 Title 3 of Book 2 of this Code

Question 24

Distinguish abandonment (238) from negligence and tolerance in prosecution of offenses (208)

Answer 24

ABANDONMENT
- any pub officer
- pub officer abandons to evade discharge of duty

208 Negligence & Tolerance
- only pub officer who have **duty to institute prosecution for the punishment of violations of the law
- does NOT abandon but fails to prosecute an offense by dereliction of duty or malicious tolerance of the commission of offenses

Question 25

SECTION THREE: USURPATION OF POWERS AND UNLAWFUL APPOINTMENT

Answer 25

SECTION THREE: USURPATION OF POWERS AND UNLAWFUL APPOINTMENT

Question 26

art 239

Answer 26

Usurpation of Legislative Power usurp - act of taking control w/o having the right to especially position of power

Question 27

Elements

Answer 27

1. That the offender is an **executive or judicial officer**; 2. 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 28

art 240

Answer 28

Usurpation of Executive Function

Question 29

Elements

Answer 29

1. That the offender is a judge; 2. That he: a. **Assumes** a power pertaining to the executive authorities; or b. **Obstructs** the executive authorities in the lawful exercise of their powers.

Question 30

241

Answer 30

Usurpation of Judicial Function

Question 31

Elements of 241

Answer 31

1. That the offender is an officer of the executive branch of the Government; 2. That he: a. Assumes judicial powers; or b. Obstructs the execution of any order or decision rendered by any judge within his jurisdiction.

Question 32

Art 242

Answer 32

Disobeying Request for Disqualification

Question 33

Elements 242

Answer 33

1. That the offender is a public officer; 2. That a proceeding is **pending** before such public officer; 3. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided; 4. That he has been lawfully required to **refrain from continuing the proceeding**; 5. That he continues the proceeding. [gpt] lawful request or requirement for the public officer to stop or refrain from further handling the proceeding until the question about his jurisdiction is resolved.

Question 34

243

Answer 34

orders or request by executive officers to any judicial authority

Question 35

Elements 243

Answer 35

1. That the offender is an **executive officer**; 2. That he **addresses any order or suggestion** to any judicial authority; 3. That the order or suggestion relates to any case or business coming within the exclusive jurisdiction of the courts of justice. [gpt] The content of the order or suggestion involves a matter that falls exclusively within the jurisdiction of the courts of justice. In other words, it interferes with the domain reserved for the judiciary

Question 36

244

Answer 36

Unlawful appointments

Question 37

Elements 244

Answer 37

1. That the offender is a public officer; 2. That **he nominates or appoints** a person to a public office; 3. That such person **lacks the legal qualifications** therefor; 4. That the **offender knows** that his nominee or appointee lacks the qualification AT THE TIME he made the nomination or appointment.

Question 38

SECTION FOUR: ABUSES AGAINST CHASTITY

Answer 38

SECTION FOUR: ABUSES AGAINST CHASTITY

Question 39

Art 245

Answer 39

Abuses Against Chastity - Penalties

Question 40

How are these abuses committed?

Answer 40

1. By soliciting or making immoral or indecent advances to a woman interested in the matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer. *note*: she could be a party to a case, a witness, or somehow connected to the issues the officer is handling. 2. By soliciting (propose earnestly) or making immoral or indecent advances to a **woman under the offender’s custody**. 3. By soliciting or making immoral or indecent advances to the **wife, daughter, sister or relative W/IN THE SAME DEGREE by affinity of any person in the custody of the offending warden or officer**.

Question 41

Elements

Answer 41

1. That the offender is a public officer; 2. That he solicits or makes immoral or indecent advances to a woman; 3. That such woman must be a. 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 b. Under the custody of the offender who is a warden or other public officer directly charged with the care and custody of prisoners or persons under arrest; or c. The wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender. [a] she could be a party to a case, a witness, or somehow connected to the issues the officer is handling.

Question 42

notes on art 245

Answer 42

- The **mother** of the person in the custody of the offender is NOT included. - This crime is **consummated by mere proposal**. If the offender succeeds in committing a crime against chastity, the solicitation and advances are considered merely as preparatory acts. - Proof of solicitation is NOT necessary when there is sexual intercourse.