Article 231 Article 231
ELEMENTS OF OPEN DISOBEDIENCE:ELEMENTS OF OPEN DISOBEDIENCE: a.
a. That the That the offender is offender is a a judicial or judicial or executive officer.executive officer. b.
b. That there That there is a is a judgment, decision or judgment, decision or order of order of superior authority.superior authority. c.
c. That such judgment, decision That such judgment, decision or order was or order was made within the made within the scope of scope of thethe jurisdiction o
jurisdiction of the supf the superior autherior authority and isority and issued wisued with all the leth all the legal formalities.gal formalities. d.
d. that the that the offender without any offender without any legal justification openly refuses to legal justification openly refuses to execute theexecute the said judgment, decision or under which he is duty bound to obey.
said judgment, decision or under which he is duty bound to obey.
Note: Judgment Note: Judgment should have should have been been rendered in rendered in a a hearing and hearing and issued within issued within properproper jurisdiction w
jurisdiction with all legal ith all legal solemnities solemnities requiredrequired Article 232
Article 232
ELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHENELEMENTS OF DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER WHEN SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER:
SAID ORDER WAS SUSPENDED BY INFERIOR OFFICER: a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That That an an order order is is issued issued by by his his superior for superior for execution.execution. c.
c. That he That he has for has for any reason any reason suspended the suspended the execution of execution of such order.such order. d.
d. That his That his superior disapproves the superior disapproves the suspension of suspension of the execution the execution of the of the order.order. e.
e. That the offender disobeys his superior despite the disapproval of theThat the offender disobeys his superior despite the disapproval of the suspension.
suspension.
Note: A Note: A public officer public officer is not is not liable if liable if the order the order of of the the superior is superior is illegalillegal
Article 233 Article 233
ELEMENTS OF REFUSAL OF ASSISTANCE:ELEMENTS OF REFUSAL OF ASSISTANCE: a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That a competent authority demands from the That a competent authority demands from the offender that he lend hisoffender that he lend his cooperation towards the administration of justice or other public service.
cooperation towards the administration of justice or other public service. c.
c. That That the the offender offender fails to fails to do do so so maliciously.maliciously.
Involves Involves a a request request from from one one public public officer officer to to anotheranother
Damage Damage to to the the public public interest interest or or third third party party is is essentialessential
Demand Demand is is necessarynecessary
Article 234 Article 234
ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE:ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE OFFICE: a.
a. That the That the offender is offender is elected by elected by popular election to popular election to a public a public office.office. b.
b. That he That he refuses to refuses to be sworn be sworn in or in or discharge the ddischarge the duties of said uties of said office.office. c.
c. That there is That there is no legal motive no legal motive for such refusal to for such refusal to be sworn in be sworn in or to dischargeor to discharge the duties of said office.
the duties of said office.
Note: Even Note: Even if the if the person did person did not run not run for the for the office on office on his own his own will as the will as the ConstitutiConstitutionon provides that every citizen may be required to render service
provides that every citizen may be required to render service Article 235
Article 235
ELEMENTS OF MALTREATMENT OF PRISONERS:ELEMENTS OF MALTREATMENT OF PRISONERS: a.
a. That the That the offender is offender is a a public officer public officer or eor employee.mployee. b.
b. That he has That he has under charge a under charge a prisoner or detention prisoner (otherwise theprisoner or detention prisoner (otherwise the crime is physical injuries)
crime is physical injuries) c.
c. That he That he maltreats such maltreats such prisoner in prisoner in either of either of the the following manners:following manners: 1.
1. by overdoing himself in the correction or handling of a by overdoing himself in the correction or handling of a prisoner orprisoner or detention prisoner under his charge either
detention prisoner under his charge either – –
by by the the imposition of imposition of punishments not punishments not authorized authorized by by the the regulations, orregulations, or
by by inflictinflicting such ing such punishments (those authorized) punishments (those authorized) in a in a cruel andcruel and humiliating manner, or
humiliating manner, or 2.
2. by maltreating such prisoner to extort a by maltreating such prisoner to extort a confession or to obtain confession or to obtain somesome information from the prisoner.
information from the prisoner.
The public The public officer must hofficer must have actual ave actual charge of charge of the prisoner the prisoner in order in order to be to be held held liableliable
To be To be considered a considered a detention prisoner, the detention prisoner, the person arrested must person arrested must be placed be placed in jailin jail even for just a short while
even for just a short while
Offender may Offender may also also be be held held liable for liable for physical injuries physical injuries or or damage damage causedcaused
Article 236 Article 236
a.
a. That the oThat the offender is entitled to hold ffender is entitled to hold a public office or a public office or employment, either byemployment, either by election or appointment.
election or appointment. b.
b. That the That the law requires that law requires that he should he should first be sworn in first be sworn in and/or should first give and/or should first give aa bond.
bond. c.
c. That he That he assumes the peassumes the performance of the rformance of the duties and duties and powers of powers of such office.such office. d.
d. That he That he has not taken has not taken his oath of his oath of office and./or given the office and./or given the bond required by bond required by law.law. Article 237
Article 237
ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS:ELEMENTS OF PROLONGING PERFORMANCE OF DUTIES AND POWERS: a.
a. That the That the offender is offender is holding a holding a public office.public office. b.
b. That the That the period provided by period provided by law, regulations or special law, regulations or special provisions for holdingprovisions for holding such office has already expired.
such office has already expired. c.
c. That he That he continues to continues to exercise the exercise the duties and duties and powers of powers of such office.such office.
Note: Note: The The article contemplates oarticle contemplates officers who fficers who have have been been suspended, separated suspended, separated oror declared over-aged or dismissed
declared over-aged or dismissed
Article 238 Article 238
ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION :ELEMENTS OF ABANDONMENT OF OFFICE OR POSITION : a.
a. That That the the offender is offender is a a public public officer.officer. b.
b. That That he he formally resigns formally resigns from from his his position.position. c.
c. That That his his resignation has resignation has not not yet been yet been accepted.accepted. d.
d. That he That he abandons his abandons his office to office to the detriment of the detriment of the public the public service.service.
There There must must be be formal formal or or written written resignationresignation
The offense The offense is qualified if is qualified if the purpose the purpose behind the behind the abandonment is abandonment is to evade to evade thethe discharge of duties consisting of preventing, prosecuting or punishing any of the discharge of duties consisting of preventing, prosecuting or punishing any of the crimes against national security. The penalty is higher. This involves the following crimes against national security. The penalty is higher. This involves the following crimes:
crimes:
a. treason a. treason b.
b. conspiracy and conspiracy and proposal proposal to to commit commit conspiracyconspiracy c.
c. misprisimisprision on of of treasontreason d. espionage
d. espionage e.
e. inciting to inciting to war war or or giving motives giving motives to to reprisalsreprisals f.
f. violation violation of of neutralityneutrality g.
g. correspondence correspondence with with hostile hostile countrycountry h.
h. flight flight to to enemy enemy countrycountry i.
i. piracy piracy and and mutiny mutiny on on the the high high seasseas j.
j. rebellionrebellion k.
k. conspiracy conspiracy and and proposal proposal to to commit commit rebellionrebellion l.
l. disloyalty disloyalty to to public public officersofficers m.
m. inciting inciting to rebto rebellionellion n. sedition
n. sedition o.
o. conspiracy conspiracy to to commit commit seditionsedition p.
p. inciting inciting to to seditionsedition Abandon
Abandonment of Oment of Office or Poffice or Position (238sition (238) ) Dereliction oDereliction of Duty (208f Duty (208)) There is actual abandonment through
There is actual abandonment through resignation to evade the discharge of resignation to evade the discharge of duties.
duties.
Public officer does not abandon his office Public officer does not abandon his office but merely fails to prosecute a violation of but merely fails to prosecute a violation of the law.
the law. Article 239
Article 239
ELEMENTS OF USURPATION OF LEGISLATIVE POWERS:ELEMENTS OF USURPATION OF LEGISLATIVE POWERS: a.
a. That the That the offender is offender is an an executive or executive or judicial officer.judicial officer. b.
b. That he That he (a.) makes general (a.) makes general rules or regulations beyond rules or regulations beyond the scope the scope of his authorityof his authority or (b.) attempts to repeal a law or (c.) suspends the execution thereof.
or (b.) attempts to repeal a law or (c.) suspends the execution thereof. Article 240
Article 240
ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS:ELEMENTS OF USURPATION OF EXECUTIVE FUNCTIONS: a.
a. That That the the offender offender is is a a judge.judge. b.
b. That he That he (a.) assumes (a.) assumes a a power pertaining power pertaining to to the exthe executive authorities, or ecutive authorities, or (b.)(b.) obstructs executive authorities in the lawful exercise of their powers.
Note: Legislative officers are not liable for usurpation of executive functions
Article 241
ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
a. That the offender is an officer of the executive branch of the government.
b. 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
Article 242
ELEMENTS OF DISOBEYING REQUEST FOR DISQUALIFICATION: a. That the offender is a public officer.
b. That a proceeding is pending before such public officer.
c. That there is a question brought before the proper authority regarding his jurisdiction, which is not yet decided.
d. That he has been lawfully required to refrain from continuing the proceeding. e. That he continues the proceeding.
Article 243
ELEMENTS OF ADDRESSING ORDERS OR REQUESTS BY EXECUTIVE OFFICER TO ANY JUDICIAL AUTHORITY:
a. That the offender is an executive officer.
b. That the addresses any order or suggestion to any judicial authority.
c. 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
Article 244
ELEMENTS OF UNLAWFUL APPOINTMENTS: a. That the offender is a public officer.
b. That he nominates or appoints a person to a public office. c. That such person lacks the legal qualification therefor.
d. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.
Recommending, knowing that the person recommended is not qualified is not a crime
There must be a law providing for the qualifications of a person to be nominated or appointed to a public office
Article 245
ELEMENTS OF ABUSES AGAINST CHASTITY: a. That the offender is a public officer.
b. That he solicits or makes immoral or indecent advances to a woman. c. That such woman must be –
1. 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
2. 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
3. the wife, daughter, sister or relative within the same degree by affinity of the person in the custody of the offender
The mother of the person in the custody of the public officer is not included
Solicit: means to propose earnestly and persistently something unchaste and immoral to a woman
The advances must be immoral or indecent The crime is consummated by mere proposal
TITLE EIGHT
I. CRIMES AGAINST PERSONS