7/28/2019 Crimes Comitted by Public Officers (Article 203-245)

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TITLE SEVEN

CRIMES COMMITTED BYPUBLIC OFFICERS

CHAPTER 1Art. 203:Who are public officers?

1. The termpublic officers embraces everypublic servant from the highest to thelowest in all branches of government

a. National or local levelsb. Appointive or electivec. Classified or unclassifiedd. Receiving compensation from either

National or Local Government Unitse. Duly elected or appointed

2. Public Officer distinguished fromGovernment Employee

3. It is not the nature of the appointmentofa person but the kind of duties heperforms that determines whether he isconsidered as publ ic of f icer.

a. A person who was appointed aslaborer in the Bureau of Posts butgiven the duty of sorting out andfiling money orders.

b. Emergency helper in the Bureau ofTreasuryentrusted with the custodyof official documents are publicofficers within the meaning asprovided in the law.

4. Government Corporation is included.

5. Sea quested Corporation is a privatecorporation and is not included.

CHAPTER 2

MALFEASANCE andMISFEASANCE IN OFFICE

1. Misfeasance is the improperperformance of some act which mightlawfully be done.

2. Malfeasance is the performance ofsome act which ought notto be done.

3. Nonfesance is the omission of some actwhich ought to be performed.

Article 204: Knowingly rendering unjustjudgment

1. Judgment is the final consideration anddetermination of a court of competentjurisdiction upon matters submitted to it, inan action or proceeding.

2. The judgment of the judge is consideredunjust:

a. Contrary to lawb. Not supported by evidencec. Errord. Ill-will

e. Revengef. Bribery

3. The unjust judgment is renderedknowingly when it is made deliberatelyand maliciously.

4. Bad faith is the ground of liability. There isno liability at all for a mere error.

5. There must be evidence that the judgmentis unjust.

6. The judgment must be contrary to law &not supported by evidence.

7. This article does not apply to SupremeCourt, Court of Appeals, and CollegiateCourt such as Court of Tax Appleals,Sandiganbayan.

8. A judge who proceed in trying a casewithout jurisdiction is not liable under thisarticle.

Article 205: Judgment rendered

through negligence

1. The manifestly unjust judgment wasrendered by reason of inexcusablenegligence or ignorance. It isconsidered manifestly unjust if even aperson having a mere knowledge ofthe law cannot doubt the injustice.

7/28/2019 Crimes Comitted by Public Officers (Article 203-245)

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2. Abuse of discretion or mere error ofjudgment is not punishable.