Transcript SELECTED CRIMES COMMITTED BY PUBLIC OFFICERs

UNDERSTANDING
CRIMINAL AND CIVIL
LIABILITIES
OF PUBLIC OFFICERS
Atty. REX R. ROJ AS
Office of the Ombudsman
OVERVIEW
1. Concept of a Public Officer
2. Three-fold Liability Rule
a) Administrative
b) Civil
c) Criminal
II. Administrative Liability
• Administrative Code of the Philippines
• Agency Administrative Rules & Regulations
• Revised Rules on Administrative Cases in the
Civil Services
• Other Special laws (RA 6713, RA 3019 etc.)
III. Civil Liability
Art. 19 to 22, Civil Code
Laws on Torts and Damages
IV. Criminal Liability
PUBLIC OFFICER
"Public officer" includes elective and appointive
officials and employees, permanent or
temporary, whether in the classified or
unclassified or exempt service receiving
compensation, even nominal, from the
government. (Sec. 2 (b), RA 3019)
PUBLIC OFFICER
"Public Officials" includes elective and appointive
officials and employees, permanent or temporary,
whether in the career or non-career service,
including military and police personnel, whether or
not they receive compensation, regardless of
amount. Sec. 3 (b), RA 6713
PUBLIC OFFICER
"Public Officials" includes elective and appointive
officials and employees, permanent or temporary,
whether in the career or non-career service,
including military and police personnel, whether or
not they receive compensation, regardless of
amount. Sec. 3 (b), RA 6713
Characteristics of Public Office
•Delegation
of
sovereign
functions
(legislative, executive, judicial) of the State to
an individual.
•Exercised for a time being.
•For the benefit of the public.
Breach of office or acts giving rise to liability of PO:
Malfeasance- performance of some act which
ought not to be done.
Misfeasance- improper performance of some act
which might lawfully be done, and
Nonfeasance- omission of some act which ought
to be performed.
Threefold Liability Rule
Basic Principle:
“The violation or wrongful act of
a PO may give rise to CIVIL, CRIMINAL
and/or ADMINISTRATIVE liabilities.”
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
Bribery (Arts. 210, 211 &211-A, RPC)
BRIBERY is the act of offering, giving, receiving or soliciting
of any thing of value to influence action of an official or in
the discharge of legal or public duty.
Whether direct, indirect or qualified, bribery is
considered the most common form of corruption
practiced by public officers in the course of their
official duties.
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
Indirect Bribery (Art. 211, RPC)
How Committed
Public officer accepts gifts which are offered to him by
reason of his office.
Direct Bribery -vs.- Indirect Bribery
1. In DB, there is an agreement; in IB usually no agreement.
2. In DB, offender agrees to perform or performs an act or
refrains from doing something, because of the gift or
promise; in IB, it is not necessary that the offender should
do an act or promise to do an act, as it is enough that he
accepts gift or promise by reason of his office (POZAR vs.
CA, 132 SCRA 729)
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
Qualified Bribery (Art. 211-A)
-Public
officer entrusted with law enforcement refrains from
arresting/prosecuting offender for crime punishable by reclusion
perpetua and/or death, In consideration of any offer, promise or gift
Distinction of QB vs. DB
In QB, the crime involved is capital offense; In DB, it involved
lighter offense.
QB is committed only by law enforcers; DB is committed by law
enforcers or any public officers
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
Malversation of Public Funds
or Property (Art. 217, RPC)
Malversation [embezzlement, misappropriation]
-The act of appropriating or misappropriating public funds or
property for personal gain.
Acts punished in Malversation:
a.By appropriating public funds or property;
b.By taking or misappropriating the same;
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
c. By consenting, or through abandonment or negligence,
permitting any other person to take such public funds or
property;
d. By being otherwise guilty of misappropriating of such public
funds or property.
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
Illegal Use of Public Funds or Property (Art. 220,
RPC)
Technical Malversation, How Committed
There is public fund or property under the administration of a
public officer. Such public fund or property has been
appropriated by law or ordinance. [w/o this, it is simple
malversation even if applied to other public purpose]. He applies
the same to a public use other than for which such fund or
property has been appropriated by law or ordinance.
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
Illegal Use of Public Funds or Property (Art. 220,
RPC)
Note:
Technical Malversation (Art. 220) vs. Malversation (Art.
217)
In Technical Malversation, offender does not derive
any personal gain, the funds are merely devoted to
some other public use. In Malversation, offender
derived personal gain.
Absence of damage is only a mitigating circumstance
II. Title VII, RPC (Crimes Committed by PO) Selected
Crimes
Failure to Deliver Public Funds
or Property (Art. 221, RPC)
How committed:
Offender has government funds or property in his
possession;
He is under obligation to either: make payment from such
funds or to deliver property in his custody or administration
when ordered by competent authority;
He maliciously fails or refuses to do so.
THANK YOU
Office of the Ombudsman
Agham Road, Diliman, Quezon City
Visit our website at:
www.ombudsman.gov.ph