Criminal law against public officers.pptx

8/10/2019 Criminal law against public officers.pptx

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Criminal lawagainst public

officers


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Who Are Public Officers.- Any person who,by direct provision of the law, popularelection or appointment by competent

authority, shall take part of the performanceof public functions in the Government of thePhilippine Islands, or shall perform in saidGovernment or in any of its branches public

duties as an employee, agent orsubordinate official, of any rank or class,shall be deemed to be a public officer.


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MALFEASANCE,MISFEASANCE,

NONFEASANCE IN

OFFICE


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Knowingly renderingunjust judgment. -Any

judge who shallknowingly render an

unjust judgment in anycase submitted to him fordecision. (malfeasance)


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Judgment rendered throughnegligence. - Any judge

who, by reason ofinexcusable negligence or

ignorance shall render a

manifestly unjust judgment inany case submitted to him fordecision. (misfeasance)


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Malicious delay in the

administration ofjustice. (malfeasance)


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Prosecution of offenses; negligence

and tolerance.

Any public officer, or officer of the

law, who, in dereliction of the

duties of his office, shall maliciously

refrain from instituting prosecution

for the punishment of violators ofthe law, or shall tolerate the

commission of

offenses. (nonfeasance)


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Direct bribery. - Any public officer

who shall agree to perform an act

constituting a crime or not, inconnection with the performance

of his official duties, in

consideration of any offer, promise,

gift or present received by suchofficer, personally or through the

mediation of another.


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Indirect bribery

Any public officer whoshall accept giftsoffered to him byreason of his office.


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Corruption of public officials.

Any person who shall have

made the offers or promisesor given the gifts or presents

as described in thepreceding articles.


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MALVERSATION OF PUBLIC FUNDS ORPROPERTY

Malversation of public funds or propertyPresumption of malversation. - Any publicofficer who, by reason of the duties of hisoffice, is accountable for public funds oproperty, shall appropriate the same, o

shall take or misappropriate or shalconsent, or through abandonment onegligence, shall permit any other person totake such public funds or property, wholly o

partially.


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Illegal use of public funds orproperty. - Any public officer

who shall apply any public fundor property under hisadministration to any public use

other than that for which suchfund or property wereappropriated by law or

ordinance.


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Failure to make delivery ofpublic funds or property.-

Any public officer underobligation to make payment

from Government funds in his

possession.


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This provision shall apply to

any public officer who, beingordered by competent

authority to deliver any

property in his custody orunder his administration, shallrefuse to make such delivery.


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INFIDELITY OF PUBLIC OFFICER

Conniving with or consenting to evasion.-Any public officer who shall consent to the

escape of a prisoner in his custody orcharge.

Evasion through negligence. -If the evasionof the prisoner shall have taken place

through the negligence of the officercharged with the conveyance or custody ofthe escaping prisoner.


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Escape of prisoner under the

custody of a person not a

public officer. - Any privateperson to whom the

conveyance or custody of a

prisoner or person underarrest shall have beenconfided.


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Usurpation of powers and unlawfulappointments

Usurpation of legislative powers.

Any public officer who shall encroachupon the powers of the legislativebranch of the Government, either bymaking general rules or regulationbeyond the scope of his authority, orby attempting to repeal a law orsuspending the execution thereof.


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Usurpation of judicial functions.

Any officer of the executive

branch of the Government whoshall assume judicial powers orshall obstruct the execution of

any order or decision renderedby any judge within hisjurisdiction.

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Criminal law against public officers.pptx