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7.

CRIMES COMMITTED BY
PUBLIC OFFICERS (203245)
Only just some

Article 210. Direct Bribery


Elements
1. Offender is a public officer within the scope of Article 203;
2. Offender accepts an offer or a promise or receives a gift or
present by himself or through another;
3. Such offer or promise be accepted, or gift or present received
by the public officer
(a) With a view to committing some crime; or
(b) In consideration of the execution of an act which does not
constitute a crime, but the act must be unjust; or
(c) To refrain from doing something which it is his official duty to
do.
4. The act which offender agrees to perform or which he executes
be connected with the performance of his official duties.

Direct Bribery
Acts punished
1. Agreeing to perform, or performing, in
consideration of any offer, promise, gift or present
an act constituting a crime, in connection with the
performance of his official duties;
2. Accepting a gift in consideration of the execution
of an act which does not constitute a crime, in
connection with the performance of his official duty;
3. Agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of gift or promise.

Article 211. Indirect Bribery

Elements
1. Offender is a public officer;
2. He accepts gifts;
3. The gifts are offered to him by
reason of his office.

Article 211-A. Qualified


Bribery
Elements
1. Offender is a public officer entrusted with law
enforcement;
2. He refrains from arresting or prosecuting an
offender who has committed a crime;
3. Offender has committed a crime punishable by
reclusion perpetua and/or death;
4. Offender refrains from arresting or prosecuting in
consideration of any offer, promise, gift, or present.
Note that the penalty is qualified if the public officer is
the one who asks or demands such present.

Article 212. Corruption of Public


Officials
Elements
1. Offender makes offers or promises
or gives gifts or presents to a public
officer;
2. The offers or promises are made or
the gifts or presents given to a public
officer, under circumstances that will
make the public officer liable for
direct bribery or indirect bribery.

Article 223. Conniving with or


Consenting to Evasion
1. Offender is a public officer;
2. He had in his custody or charge a
prisoner, either detention prisoner or
prisoner by final judgment;
3. Such prisoner escaped from his
custody;
4. He was in connivance with the
prisoner in the latters escape.

Article 224. Evasion through


Negligence
Elements
1. Offender is a public officer;
2. He is charged with the conveyance
or custody of a prisoner or prisoner
by final judgment;
3. Such prisoner escapes through
negligence.

Article 225. Escape of Prisoner


under the Custody of a Person not
a Public Officer

Elements
1. Offender is a private person;
2. The conveyance or custody of a
prisoner or person under arrest is
confided to him;
3. The prisoner or person under
arrest escapes;
4. Offender consents to the escape,
or that the escape takes place
through his negligence.

Article 230. Public Officer Revealing


Secrets of Private individual
Elements
1. Offender is a public officer;
2. He knows of the secrets of a
private individual by reason of his
office;
3. He reveals such secrets without
authority or justifiable reason.

Article 233. Refusal of


Assistance
1. Offender is a public officer;
2. A competent authority demands
from the offender that he lend his
cooperation towards the
administration of justice or other
public service;
3. Offender fails to do so maliciously.

Article 235. Maltreatment of


Prisoners

Elements
1. Offender is a public officer or employee;
2. He has under his charge a prisoner or detention prisoner;
3. He maltreats such prisoner in either of the following
manners:
(a) By overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either
(1) By the imposition of punishment not authorized by the
regulations; or
(2) By inflicting such punishments (those authorized) in a
cruel and humiliating manner; or
(b) By maltreating such prisoners to extort a confession or to
obtain some information from the prisoner.

Article 245. Abuses against


Chastity
Elements:
1. Offender is a public officer;
2. He solicits or makes immoral or indecent advances to a
woman;
3. Such woman is
(a) interested in matters pending before the offender for
decision, or with respect to which he is required to submit a
report to or consult with a superior officer; or
(b) under the custody of the offender who is a warden or other
public officer directly
charged with the care and custody of prisoners or persons under
arrest; or
(c) the wife, daughter, sister or relative within the same degree
by affinity of the person in the custody of the offender.

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