ELEMENTS OF CONNIVING WITH OR CONSENTING TO EVASION a. That the offender is a public officer (on duty).
b. That he is charged with the conveyance or custody of a prisoner, either detention prisoner or prisoner by final judgment.
c. That such prisoner escaped from his custody
d. That he was in connivance with the prisoner in the latter’s escape
Detention prisoner: refers to a person in legal custody, arrested for and charged with some crime or public offense
The release of a detention prisoner who could not be delivered to judicial authorities within the time fixed by law is not infidelity in the custody of a prisoner. Neither is mere leniency or laxity in the performance of duty constitutive of infidelity
There is real and actual evasion of service of sentence when the custodian permits the prisoner to obtain a relaxation of his imprisonment
Article 224
a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That he is charged with That he is charged with the conveyance or custody of a the conveyance or custody of a prisoner, eitherprisoner, either detention prisoner or prisoner by final judgment.
detention prisoner or prisoner by final judgment. c.
c. That That such such prisoner escapes prisoner escapes through through his his negligence.negligence. d.
d. Penalty Penalty based based on on nature nature of of imprisonmentimprisonment
The The article punishes article punishes a a definite laxity definite laxity which which amounts to amounts to deliberate non-performance deliberate non-performance ofof a duty
a duty
The fact The fact that the that the public officer recaptured public officer recaptured the prisoner the prisoner who who had escaped had escaped from hisfrom his custody does not afford complete exculpation
custody does not afford complete exculpation
The The liability liability of of an an escaping escaping prisoner:prisoner: a.
a. if he is a prisoner by finaif he is a prisoner by final judgment, he l judgment, he is liable for evasiois liable for evasion of service (artn of service (art 157)
157) b.
b. if he is if he is a detention prisoner, he does a detention prisoner, he does not incur criminal liability (unlessnot incur criminal liability (unless cooperating with the offender).
cooperating with the offender). Article 225
Article 225
ELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF AELEMENTS OF ESCAPES OF PRISONERS UNDER THE CUSTODY OF A PERSON NOT A PUBLIC OFFICER :
PERSON NOT A PUBLIC OFFICER : a.
a. That the That the offender is offender is a private a private person (note: must person (note: must be on be on duty)duty) b.
b. That the conveyance or That the conveyance or custody of a custody of a prisoner or person under arrest isprisoner or person under arrest is confined to him.
confined to him. c.
c. That That the the prisoner or prisoner or person person under under arrest escapes.arrest escapes. d.
d. That the offender consents to That the offender consents to the escape of the the escape of the prisoner or person underprisoner or person under arrest, or that the escape takes place through his negligence
arrest, or that the escape takes place through his negligence
Note: This article is Note: This article is not applicable if not applicable if a private a private person made person made the arrest and the arrest and hehe consented to the escape of the person he arrested
consented to the escape of the person he arrested Article 226
Article 226
ELEMENTS ELEMENTS OF OF REMOVAL, REMOVAL, CONCEALMENT, CONCEALMENT, OR OR DESTRUCTION DESTRUCTION OFOF DOCUMENTS Infidelity in custody of documents:
DOCUMENTS Infidelity in custody of documents: a.
a. That That the the offender be offender be a a public public officer.officer. b.
b. That he That he abstracts, destroys or abstracts, destroys or conceals a conceals a document or document or papers.papers. c.
c. That the That the said document said document or paper or paper should have should have been entrusted to been entrusted to such publicsuch public officer by reason of his office.
officer by reason of his office. d.
d. That damage, whether That damage, whether serious or not, serious or not, to a to a third party or to third party or to the public interestthe public interest should have been caused.
should have been caused.
The document The document must be must be complete and complete and one by one by which a which a right could right could be be established or anestablished or an obligation could be extinguished
obligation could be extinguished
Books, Books, periodicals, periodicals, pamphlets pamphlets etc etc are are not not documentsdocuments
―Papers‖ would include checks, promissory notes and paper money―Papers‖ would include checks, promissory notes and paper money
A A post office post office official who official who retained the retained the mail without mail without forwarding the forwarding the letters to letters to theirtheir destination is guilty of infidelity in the custody of papers
destination is guilty of infidelity in the custody of papers
Removal of Removal of a a document or document or paper must paper must be be for an for an illicit purpose. There illicit purpose. There is illicit purposeis illicit purpose when the intention of the offender is to:
when the intention of the offender is to: a.
a. tamper tamper with with itit b.
b. to to profit profit by by itit c.
c. to commit to commit any act any act constituting a bconstituting a breech of reech of trust in trust in the official thereofthe official thereof
Removal is Removal is consummated upon consummated upon removal or removal or secreting away secreting away of the of the document document from itsfrom its usual place. It is immaterial whether or not the illicit purpose of the offender has been usual place. It is immaterial whether or not the illicit purpose of the offender has been accomplished
accomplished
Infidelity in Infidelity in the the custody of custody of documents through documents through destruction or destruction or concealmeconcealment nt does does notnot require proof of an illicit purpose
require proof of an illicit purpose
Delivering the Delivering the document document to to the the wrong wrong party is party is infidelity in infidelity in the the custody thereofcustody thereof
The The damage damage may may either either be be great great or or smallsmall
The The offender offender must must be be in in custody custody of of such such documentsdocuments
Article 227 Article 227
ELEMENTS OF ELEMENTS OF OFFICER OFFICER BREAKING BREAKING SEAL SEAL :: a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That he That he is charged is charged with the with the custody of custody of papers or papers or property.property. c.
d.
d. That he That he breaks the breaks the seals or seals or permits them permits them to be to be broken.broken.
It is It is the breaking othe breaking of the f the seals and not seals and not the opening the opening of a of a closed envelope closed envelope which iswhich is punished
punished
Damage Damage or or intent intent to to cause cause damage damage is is not not necessary; damage necessary; damage is is presumedpresumed
Article 228 Article 228
ELEMENTS OF OPENING OF CLOSED DOCUMENTS:ELEMENTS OF OPENING OF CLOSED DOCUMENTS: a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That any That any closed papers, closed papers, documents, or objects documents, or objects are entrusted are entrusted to his to his custody.custody. c.
c. That he That he opens or permits to opens or permits to be opened be opened said closed papers, documents said closed papers, documents oror objects.
objects. d.
d. That That he he does does not not have have proper authority.proper authority.
Note: Note: Damage Damage also also not not necessarynecessary
Article 229 Article 229
REVELATION OF SECRET BY AN OFFICER: REVELATION OF SECRET BY AN OFFICER:
ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITYELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL CAPACITY a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That he That he knows of a knows of a secret by secret by reason of reason of his official capacity.his official capacity. c.
c. That That he he reveals such reveals such secret without secret without authority or authority or justifiable reasons.justifiable reasons. d.
d. That damage, That damage, great or great or small, be small, be caused to caused to the pthe public interest.ublic interest. e.
e. (damage (damage is is essential)essential)
Notes: Notes: a.
a. Secret Secret must must affect affect public public interestinterest b.
b. Secrets of Secrets of a a private individual private individual is is not not includedincluded c.
c. Espionage for Espionage for the benefit the benefit of another of another State is State is not contemplated not contemplated by the by the article.article. If regarding military secrets or
If regarding military secrets or secrets affecting state security, the crime maysecrets affecting state security, the crime may be espionage.
be espionage.
ELEMENTS OF PAR 2ELEMENTS OF PAR 2 – – DELIVERING WRONGFULLY PAPERS OR COPIES OF DELIVERING WRONGFULLY PAPERS OR COPIES OF PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PAPERS OF WHICH HE MAY HAVE CHARGE AND WHICH SHOULD NOT BE PUBLISHED:
PUBLISHED: a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That That he he has has charge charge of of papers.papers. c.
c. That That those those papers papers should should not not be be published.published. d.
d. That he That he delivers those papers delivers those papers or copies or copies thereof to thereof to a third pea third person.rson. e.
e. That That the the delivery delivery is is wrongful.wrongful. f.
f. That That damage damage be be caused caused to to public public interest.interest.
Notes: Notes: a.
a. ―Charge‖: means custody or control. If he is merely entrusted wit―Charge‖: means custody or control. If he is merely entrusted wit h the papersh the papers and not with the custody thereof, he is not liable under this article
and not with the custody thereof, he is not liable under this article b.
b. If the papers If the papers contain secrets which should contain secrets which should not be published, and not be published, and the publicthe public officer having charge thereof removes and delivers them wrongfully to a third officer having charge thereof removes and delivers them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their removal for an illicit purpose is infidelity in the not contain secrets, their removal for an illicit purpose is infidelity in the custody of documents
custody of documents c.
c. Damage Damage is is essential essential to to the the act act committedcommitted Article 230
Article 230
ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATEELEMENTS OF PUBLIC OFFICER REVEALING SECRETS OF PRIVATE INDIVIDUAL:
INDIVIDUAL: a.
a. That That the the offender is offender is a a public public officerofficer b.
b. That he That he knows of knows of the secret the secret of a of a private individual by private individual by reason of reason of his office.his office. c.
c. That That he he reveals such reveals such secrets without secrets without authority or authority or justificatjustification ion reason.reason.
Revelation Revelation to to one one person person is is sufficientsufficient
If the If the offender is offender is an an attorney, he attorney, he is properly liable is properly liable under Art under Art 209 (betrayal 209 (betrayal of trust of trust byby an attorney)
an attorney)
Damage Damage to to private private individual individual is is not not necessarynecessary