Name: BALILI, MARY JOI P.

Date: April 15, 2025

Years & Section: BSCRIM 3A Subject: CLJ 4

TITLE SEVEN: [CRIMES COMMITTED BY PUBLIC OFFICERS]

CRIMES ELEMENTS PENALTIES

Art. 204 - 1.​ Offender is a judge; •Prisión mayor (6 years

Knowingly 2.​ He renders a judgment in a case and 1 day to 12 years) and
Rendering Unjust submitted to him for decision; Perpetual absolute
Judgment 3.​ Judgment is unjust; and disqualification
4.​ The judge knows that his
judgment is unjust.

Art. 205 - 1.​ Offender is a judge; •Arresto mayor (1 month

Judgment 2.​ He renders a judgment in a case and 1 day to 6 months)
Rendered through submitted to him for decision; and Temporary special
Negligence 3.​ Judgement is manifestly unjust; disqualification
and
4.​ It is due to his inexcusable
negligence or ignorance.

Art. 206 - Unjust 1.​ Offender is a judge; and •If done knowingly -
Interlocutory Order 2.​ He performs any of the following Arresto mayor in its
acts: minimum period and
a.​ Knowingly renders unjust Suspension
interlocutory order or
decree; or •If due to inexcusable
b.​ Renders a manifestly negligence or ignorance -
unjust interlocutor order or Suspension only
decree through
inexcusable negligence or
ignorance.

Art. 207 - Malicious 1.​ Offender is a judge; •Prisión correccional in

Delay in the 2.​ There is a proceeding in his court; its minimum period (6
Administration of 3.​ He delays the administration of months and 1 day to 2
Justice justice; and years and 4 months)
4.​ The delay is malicious, that is, the
delay is caused by the judge with
deliberate intent to inflict damage
on either party in the case.

Art. 208 - 1.​ Offender is a public officer or •Prisión correccional in

Prosecution of officer of the law who has a duty its minimum period (6
Offenses; to cause the prosecution of, or to months and 1 day to 2
Negligence and prosecute, offenses. years and 4 months)
Tolerance 2.​ There is a dereliction of the duties
of his office, that is, knowing the
 commission of the crime, he does
not cause the prosecution of the
criminal, or knowing that a crime
is about to be committed, he
tolerates its commission; and
3.​ Offender acts with malice and
deliberate intent to favor the
violator of the law.

Art. 209 - Betrayal 1. Malicious breach, negligence, or •Prisión correccional in

of Trust by an ignorance its minimum period (6
Attorney or a.​ The offender is an attorney-at-law months and 1 day to 2
Solicitor or solicitor (procurador judicial); years and 4 months),
b.​ There is a malicious breach of or
professional duty or inexcusable •Fine of ₱200 to ₱1,000,
negligence or ignorance; or both
c.​ The client suffered prejudice as a
result; or •Plus administrative
d.​ The offender revealed the secrets sanctions (not part of the
of the client learned in his criminal penalty but may
professional capacity. include disbarment,
suspension, etc.)
2. Conflict of interest
a.​ The offender is an attorney-at-law
or solicitor;
b.​ He has undertaken the defense of
a client or received confidential
information from said client in a
case;
c.​ He undertakes the defense of the
opposing party in the same case;
d.​ There is no consent from the first
client.

Art. 210 - Direct 1.​ Offender is a public officer within 1. If the act constitutes a
Bribery the scope of Art. 203; crime and it was
2.​ Offender accepts an offer or committed:
promise or receives a gift or •Prisión mayor in its
present by himself or through medium and minimum
another; periods
3.​ Such offer or promise be •Fine: Not less than 3
accepted, or gift or present times the value of the gift
received by the public officer: •Special temporary
a.​ With the a view of disqualification
committing some crime
b.​ In consideration of the 2. If the act is not a crime
execution of an act which but was executed:
does not constitute a •Prisión mayor in its
crime, but the act must be medium and minimum
unjust periods
 c.​ To refrain from doing •Fine: Not less than 3
something, which is his times the value of the gift
official duty to do; and •Special temporary
4.​ That act which the offender disqualification
agrees to perform or which he
executes is connected with the 3. If the act is not a crime
performance of his official duties. and was not executed:
•Prisión correccional in
its medium period
•Fine: Not less than 2
times the value of the gift
•Special temporary
disqualification

4. If the gift was to refrain

from doing a duty:
•Prisión correccional in
its maximum period to
prisión mayor in its
minimum period
Fine: Not less than 3
times the value of the gift
•Special temporary
disqualification

Art. 211 - Indirect 1.​ Offender is a public officer; •Prisión correccional in

Bribery 2.​ He accepts gifts; and its medium and maximum
3.​ Said gifts are offered to him by periods
reason of his office. •Suspension
•Public censure

Art. 211-A - 1.​ Offender is a public officer 1. If the officer refrains

Qualified Bribery entrusted with law enforcement; from
2.​ He refrains from arresting or arresting/prosecuting an
prosecuting an offender who has offender of a crime
committed a crime punishable by punishable:
reclusion perpetua and/or death; •Reclusion perpetua or
and death:
3.​ He refrains from arresting or
prosecuting the offender in 2. If the officer demands
consideration of any promise, gift the bribe:
or present. •Death (Though death
penalty is currently
suspended)

Art. 212 - 1.​ Offender makes offers or promise •Same penalties as the
Corruption of or gives gifts or presents to a public officer (depending
Public Officials public officer; and on the act),
2.​ The offers or promises are made except disqualification and
or the gifts or presents are given suspension
 to a public officer under
circumstances that will make the
public officer liable for direct
bribery or indirect bribery.

Art. 213 - Frauds 1.​ Offender is a public officer; •Prisión correccional in

against the public 2.​ He should have taken advantage its medium period to
treasury and of his office that is, he intervened prisión mayor in its
similar offenses in the transaction in official minimum period,
capacity; or
3.​ He entered into an agreement •Fine: ₱200 to ₱10,000
with any interested party or or both
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 accounts
relating to public property
or funds; and
4.​ Accused had intent to defraud the
Government.

Art. 214 - Other 1.​ Offender is a public officer; •Temporary special

frauds 2.​ He takes advantages of his disqualification in its
official position; and maximum period to
3.​ He commits any of the frauds or perpetual special
deceits enumerated in Art. disqualification
315-318. (in addition to penalties for
fraud under Chapter 6,
Title 10, Book II)

Art. 215 - 1.​ Offender is an appointive public •Prisión correccional in

Prohibited officer; its minimum period
Transactions 2.​ He becomes interested, directly or
or indirectly, in any transaction of •Fine: ₱200 to ₱1,000
exchange or speculation; or both
3.​ Transaction takes place within the
territory subjects to his
jurisdiction; and
4.​ He becomes interested in the
transaction during his
incumbency.

Art. 216 - 1.​ The offender is a public officer. •Arresto mayor in its
Possession of 2.​ He directly or indirectly becomes medium period to prisión
Prohibited Interest interested in any contract or correccional in its minimum
by a Public Officer business. period
3.​ It is a contract or business in or
 which it is his official duty to •Fine: ₱200 to ₱1,000
intervene. or both

Art. 217. - 1.​ Offender is a public officer; •Graduated based on

Malversation of 2.​ He had the custody or control of amount:
Public Funds or funds or property by reason of the 1. Less than ₱200:
Property; duties of his office; Prisión correccional in its
Presumption of 3.​ Those funds or property were medium and maximum
Malversation public funds or property for which periods
he was accountable; and
4.​ He appropriated, took, 2. More than ₱200 but less
misappropriated or consented, or than ₱6,000:
through abandonment Prisión mayor in its
negligence, permitted another minimum and medium
person to take them. periods

3. More than ₱6,000 but

less than ₱12,000:
Prisión mayor in its
maximum to reclusion
temporal in its minimum
period

4. More than ₱12,000 but

less than ₱22,000:
Reclusion temporal in its
medium and maximum
periods

5. More than ₱22,000:

Reclusion temporal in its
maximum period to
reclusion perpetua, Fine
equal to the amount
malversed and Perpetual
special disqualification

*Failure to produce funds

on demand = prima facie
evidence of malversation

Art. 218. Failure of 1.​ Offender is a public officer, •Prisión correccional in

Accountable whether in the service or its minimum period
Officer to Render separated therefrom; or
Accounts 2.​ He must be an accountable •Fine: ₱200 to ₱6,000
officer for public funds of or both
property;
3.​ He is required by law or
regulation to render accounts to
the Commission on Adult, or to a
 provincial auditor; and
4.​ He fails to do so for a period of
two months after such accounts
should be rendered.

Art. 219 - Failure of 1.​ Offender is a public officer; •Arresto mayor

a Responsible 2.​ He must be an accountable or
Public Officer to officer for public funds or •Fine: ₱200 to ₱1,000
Render Accounts property; and or both
Before Leaving the 3.​ He must have unlawfully left (or
Country be on point of leaving) the
Philippines without securing from
the Commission on Adult a
certificate showing that his
accounts have been finally
settled.

Art. 220 - Illegal 1.​ Offender is a public officer; •If resulted to damage:
Use of Public 2.​ There is public fund or property Prision correccional in its
Funds or Property under his administration; minimum period or fine
3.​ Such public fund or property has from 1/2 to the full value
been appropriated by a law or of the sum misapplied plus
ordinance; and temporary special
4.​ He applies the same to a public disqualification
use other than that for which such •If resulted to no damage:
fund or property has been Fine from 5% to 50% of
appropriated by law or ordinance. the sum misapplied
*Also known as Technical Malservation

Art. 221 - Failure to 1.​ That the public officer has Arresto mayor and fine
Make Delivery of government funds in his from 5% to 25% of the
Public Funds or possession; amount failed to pay
Property 2.​ That he is under obligation to
make payments from such funds; If refusal to deliver property
and under order:
3.​ That he fails to make payment Fine graduated by value
maliciously. (but not less than ₱50)

Art. 223 - 1.​ Offender is a public officer ; 1. If prisoner is finally

Conniving with or 2.​ He has in his custody or charge a convicted:
Consenting to prisoner, either detention prisoner •Prision correccional in
Evasion or prisoner by final judgment; medium and maximum
3.​ Such prisoner escaped from his periods
custody; •Temporary special
4.​ That he was in connivance with disqualification (max) to
the prisoner in the latter’s escape. perpetual special
disqualification

2. If prisoner is a
detention prisoner (not
 finally convicted):
•Prision correccional in
minimum period
•Temporary special
disqualification

Art. 224 - Evasion 1.​ Offender is a public officer; •Arresto mayor in its
through 2.​ He is charged with the maximum period to
Negligence conveyance or custody of a Prision correccional in its
prisoner or prisoner by final minimum period plus
judgment; temporary special
3.​ Such prisoner escapes through disqualification
his negligence.

Art. 225 - Escape 1.​ Offender is a private person; •One degree lower than
of Prisoner under 2.​ Conveyance or custody of that prescribed for the
the Custody of a prisoner or person under arrest is public officer under Arts.
Person not a confided to him; 223 and 224
Public Officer 3.​ Prisoner or person under arrest
escapes; and
4.​ Offender consents to the escape
of the prisoner or person under
arrest or that the escape takes
place through his negligence.

Art. 226 - Removal, 1.​ The offender is a public officer; 1. If damage is serious to
Concealment or 2.​ He abstracts, destroys, or public or third party:
Destruction of conceals documents or papers; •Prision mayor
Documents 3.​ Said documents or papers should •Fine not exceeding
have been entrusted to such ₱1,000
public officer by reason of his •Temporary to perpetual
office; and special disqualification
4.​ Damage, whether serious or not,
to a third party or to the public 2. If damage is not serious:
interest should have been •Prision correccional
caused. (minimum and medium
5.​ The document must be complete periods)
and one by which a right can be •Fine not exceeding
established or an obligation could ₱1,000
be extinguished. •Temporary to perpetual
special disqualification

Art. 227 - Officer 1.​ Offender is a public officer; •Prision correccional

Breaking Seal 2.​ He is charged with the custody of (minimum and medium
papers or property; periods)
3.​ These papers or property are •Temporary special
sealed by proper authority; and disqualification
4.​ He breaks the seals or permits •Fine not exceeding
them to be broken. ₱2,000
Art. 228 - Opening 1.​ Offender is a public officer; •Arresto mayor
of Closed 2.​ Any closed papers, documents or •Temporary special
Documents objects are entrusted to his disqualification
custody; •Fine not exceeding
3.​ He opens or permits to be ₱2,000
opened said closed papers,
documents or objects; and
4.​ He does not have proper
authority.

Art. 229 - 1.​ Revealing any secrets known to •If damage is serious to
Revelation of the offending public officer by public interest:
Secrets by an reason of his official capacity. •Prision correccional
Officer Elements: (medium and maximum
a.​ Offender is a public officer; periods)
b.​ He knows of a secret by reason •Perpetual special
of his official capacity; disqualification
c.​ He reveals such secret without •Fine not exceeding
authority or justifiable reasons; ₱2,000
and
d.​ Damage, great or small is caused If no serious damage:
to the public interest. •Prision correccional in
2. Wrongfully delivering papers or copies minimum period
of papers of which he may have charge •Temporary special
and which should not be punishable. disqualification
Elements: Fine not exceeding ₱500
a.​ Offender is a public officer
b.​ He has charged of papers
c.​ Those papers should not be
published;
d.​ He delivers those papers or
copies thereof to a third person;
and
e.​ Damage is caused to public
interest.

Art. 230 - Public 1.​ Offender is a public officer; •Arresto mayor

Officer Revealing 2.​ He knows the secrets of private •Fine not exceeding
Secrets of Private individual by reason of his office; ₱1,000
Individual and
3.​ The reveals such secrets without
authority or justifiable reason.

Art. 231 - Open 1.​ Offender is a judicial or executive •Arresto mayor (medium
Disobedience officer; period) to prision
2.​ There is judgment, decision or correccional (minimum
order of a superior authority; period)
3.​ Such judgment, decision or order •Temporary special
was made within the scope of the disqualification
jurisdiction of the superior (maximum period)
 authority and issued with all the •Fine not exceeding
legal formalities; and ₱1,000
4.​ Offender without any legal
justification openly refuses to
execute the said judgment,
decision or order, which he is duty
bound to obey.

Art. 232 - 1.​ Offender is a public officer; Prision correccional

Disobedience to 2.​ An order is issued by his superior (minimum and medium
Order of Superior for execution; periods)
Officers, when said 3.​ He has for any reason suspended •Perpetual special
Order was the execution of such order; disqualification
Suspended by 4.​ His superior disapproves the
Inferior Officer suspension of the execution of
the order; and
5.​ Offender disobeys his superior
despite the disapproval of the
suspension.

Art. 233 - Refusal 1.​ Offender is a public officer; 1. If results to serious

of Assistance 2.​ Competent authority demands damage:
from the offender that he lend his •Arresto mayor (medium
cooperation towards the period) to prision
administration of justice or other correccional (minimum
public service; and period)
3.​ Offender fails to do so •Perpetual special
maliciously. disqualification
•Fine not exceeding
₱1,000

2. If results to no serious
damage:
•Arresto mayor (medium
and maximum periods)
•Fine not exceeding ₱500

Art. 234 - Refusal 1.​ Offender is elected by popular •Arresto mayor

to Discharge election to a public officer; •Fine not exceeding
Elective Office 2.​ He refuses to be sworn in or to ₱1,000 or both
discharge the duties of said
office; and
3.​ There is no legal motive for such
refusal to be sworn in or to
discharge the duties of said
office.

Art. 235 - 1.​ Offender is a public officer or 1. General:

Maltreatment of employee; •Prision correccional
Prisoners 2.​ He has under his charge a (medium period) to prision
 prisoner or detention prisoner; mayor (minimum period)
and plus liability for physical
3.​ If the public officer is not charged injuries/damages
with the custody of the prisoner,
he is liable for physical injuries. 2. If to extort
4.​ He maltreats such prisoner either confession/information:
of the following manners: •Prision mayor (minimum
a.​ By overdoing himself in period)
the correction or handling •Temporary absolute
of a prisoner or detention disqualification
prisoner under his •Fine not exceeding
charged either: ₱6,000 plus civil/criminal
i.​ By the imposition liability for
of punishments not injuries/damages
authorized by the
regulations; or
ii.​ By inflicting such
punishments
(those authorized)
in a cruel or
humiliating
manner.
b.​ By maltreating such
prisoner to extort a
confession or to obtain
some information from the
prisoner.

Art. 236 - 1.​ That the offender is entitled to •Suspension from office
Anticipation of hold a public office or until compliance with legal
Duties of a Public employment either by election or formalities
Office appointment; •Fine: ₱200 to ₱500
2.​ The law requires that he should
first be sworn in and/or should
first give a bond;
3.​ He assumes the performance of
the duties and powers of such
office; and
4.​ He has not taken his oath of
office and/or given the bond
required by law.

Art. 237 - 1.​ That the offender is holding a •Prision correccional

Prolonging public office; (minimum period)
Performance of 2.​ That the period allowed by law for •Temporary special
Duties and Powers him to exercise such function and disqualification (minimum
duties has already expired; and period)
3.​ That the offender continues to •Fine not exceeding ₱500
exercise such function ad duties.
Art. 238 - 1.​ That the offender is holding a 1. General:
Abandonment of public office; •Arresto mayor
Office or Position 2.​ That he formally resigns from his
office; 2. If done to evade duties
3.​ That his resignation has not yet re: crimes under Title One
been accepted; and & Chapter One, Title
4.​ That he abandons his office to the Three:
detriment of the public service. •Prision correccional
(minimum and medium
periods)

3. If to evade duty re: any

other crime:
•Arresto mayor

Art. 239 - 1.​ That the offender is an executive •Prision correccional

Usurpation of or judicial officer; and (minimum period)
Legislative Powers 2.​ That he: •Temporary special
a.​ Makes general rules and disqualification
regulations beyond the •Fine not exceeding
scope of his authority; ₱1,000
b.​ Attempts to repeal a law;
or
c.​ Suspend the execution of
thereof.

Art. 240 - 1.​ That the offender is a judge; and •Arresto mayor (medium
Usurpation of 2.​ That the offender: period) to prision
Executive a.​ Assumes the power correccional (minimum
Functions exclusively vested to period)
executive authorities of
the Government; or
b.​ Obstructs executive
authorities from the lawful
performance of their
functions.

Art. 241 - 1.​ That the offender is holding an •Arresto mayor (medium
Usurpation of office under the Executive Branch period) to prision
Judicial Functions of the Government; and correccional (minimum
2.​ That he: period)
a.​ Assumes the power
exclusively vested in the
Judiciary; or
b.​ Obstructs the execution of
any order or decision
given by a judge within his
jurisdiction.

Art. 242 - 1.​ That the offender is a public •Arresto mayor

Disobeying officer; •Fine not exceeding ₱500
Request for 2.​ That a proceeding is pending
Disqualification before such public officer;
3.​ There is a question brought
before the proper authority
regarding his jurisdiction, which is
yet to be decided;
4.​ He has been lawfully required to
refrain from continuing the
proceeding; and
5.​ He continues the proceeding.

Article 243. Orders 1.​ That the offender is an executive •Arresto mayor
or Requests by officer; •Fine not exceeding ₱500
Executive Officers 2.​ That the offender addresses any
to Any Judicial order or suggestion to any judicial
Authority authority; and
3.​ That the order or suggestions
relates to any case or business
within the exclusive jurisdiction of
the courts of justice.

Art. 244 - Unlawful 1.​ Offender is a public officer; •Arresto mayor

Appointments 2.​ He nominates or appoints a •Fine not exceeding
person to a public office; ₱1,000
3.​ Such person lacks the legal
qualification thereof; and
4.​ Offender knows that his nominee
or employee lacks the
qualifications at the time he made
the nomination or appointment.

Art. 245 - Abuses 1.​ That the offender is a public 1. General:

against Chastity officer; •Prision correccional
2.​ That he solicits or makes any (medium and maximum
indecent or immoral advances to periods)
a woman; and •Temporary special
3.​ That the offended party is a disqualification
woman who is:
a.​ Interested in matters 2. If the woman is
pending before the public wife/daughter/sister/relativ
officer for his decision or e (by affinity in same
where the public officer is degree) of person under
required to submit a report custody:
or to consult with a •Prision correccional
superior officer; (minimum and medium
b.​ Under the custody of the periods)
offender, who is a warden •Temporary special
or other public officer disqualification
directly charged with the
 care and custody of
prisoners or persons
under arrest; or
c.​ The wife, daughter, sister
or any relative falling
within the same degree by
affinity of the person
under the custody and
charge of the offender.