Public Officers and Malfeasance and Misfeasance in Office
Title of Article 210
What is direct bribery
One who has custody or control of public funds or property by reason of the duties of his office
Who is accountable officer
Title of Art. 227
What is officer breaking seal
Title of Art. 231
What is open disobedience
This offense is committed by "nominating" or "appointing"
What is Art. 244—unlawful appointments
Public officers
Who is any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government o the PHilippine Islands, or shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class
Public funds or properties had been diverted to any public use other than that provided for by law or ordinance
What is technical marversation
It means control or custody
What is charge
Title of Art. 232
What is disobedience to order of superior officer, when said order was suspended by inferior officer
Title of Art. 243
What are orders or requests by executive officers to any judicial authority
Articles where offender is a private individual
What are Art 212, 222, and 225
Prima facie presumption of misappropriation
What is failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer
Any public officer who shall consent to the escape of a prisoner in his custody or charge
Who consents to the evasion under Art. 223
Officer contemplated under Art. 237
Who is a public officer that has been suspended, separated, declared overage, or dismissed
Performance of this will not make an official liable for usurpation of judicial functions
What are quasi-judicial functions
Difference of direct and indirect bribery
What is direct bribery, agreement between the public officer and giver of gift while usually, no such agreement in indirect bribery. Direct bribery, offender agrees to perform or actually perform an act or refrains from doing something, because of the gift while in indirect bribery, not necessary that officer should do any particular act or even promise to do an act, enough to accept gifts by reason of office.
True or False and explain. Private property cannot be a subject of malversation
False. Private properties under Custodia Legis
Classes of prisoners involved under Art. 223
Who are the fugitive that has been sentenced by final judgment to any penalty; and the fugitive is held only as detention prisoner for any crime or violation of law or municipal ordinance
True or False, and explain. Maltreatment of prisoners cannot be complexed with other crimes
True. It cannot be complexed with homicide, physical injuries, or other crimes because Art. 235 states: "in addition to his liability for the physical injuries or damaged caused."
To propose earnestly and persistently something unchaste and immoral to a woman
What is solicitation (solicit)
Differentiate Misfeasance, malfeasance and nonfeasance
What are Misfeasance - improper performance of some act which might lawfully be done. Malfeasance - performance of some act which ought not to be done. Nonfeasance - omission of some act which ought to be performed.
Acts punished under Art 217 Malversation of public funds or property - presumption of malversation
1. Appropriating public funds or property
2. Taking or misappropriating the same
3. Consenting, or through abandonment or negligence, permitting any other person to take such public funds or property
4. Being otherwise guilty of the misappropriation or malversation of such funds or property
Distinguish revelation of secrets by an officer and infidelity in the custody of papers/documents
What are revelation of secrets by an officer (Art. 229) - papers contain secrets and therefore shall not be published, and the public officer having charge thereof removes and delivers them wrongfully to a third person. Infidelity in the custody of documents/papers by removing the same (Art. 226) - the papers do not contain secrets but their removal is for an illicit purpose.
Requisites of Resignation from Public Office
What are the intention to relinquish a part of the term; an act of relinquishment; and the acceptance by the proper authority
Acts punished under Art. 245
a) Soliciting or making immoral or indecent advances to a woman interested in the matters pending before the offending officer for decision, or with respect to which he is required to submit a report to or consult with a superior officer; b) soliciting or making immoral or indecent advances to a woman under the offender's custody; and c) soliticing or making immoral or indecent advances to the wife, daughter, sister, or relative within the same degree by affinity of any person in the custody of the offending warden or officer