Art 217-Malversation of Public Funds or Property
Art 217-Malversation of Public Funds or Property
Property
Acts Punished:
1.) Appropriating public property or
funds.
2.) Taking or Misappropriating the same
3.) Consenting, or through Negligence or
Abandonment, permitted another to
take public property or funds.
4.) Otherwise
guilty
of
taking
or
misappropriating the same.
Elements COMMON to the Act Punished:
1.) Offender is a public officer.
2.) Offender is in custody of the public
property or funds by reason of his
public duty.
3.) He is accountable for the fund/
property
4.) That
he
Appropriates,
Takes,
Misappropriate, Consents, or through
Negligence
or
abandonment,
permitted another to take the same.
*Nature of the duty of the public officer, not
the name of the office, is controlling.
When the public officer has no authority to
receive the money for the government and
upon receipt he misappropriated it then the
Elements:
1.) The offender is a public officer, in
service or separated from service
therefrom by resignation or any other
cause.
2.) That the public officer is accountable
for public funds or property.
3.) That there is a law or regulation
requiring the rendering of such
accounts to the COA or the municipal
treasurer.
4.) The offender fails to render account
two months from the time the
account should have been rendered.
Elements:
1.) The offender is a public officer.
2.) He has, under his administration,
public funds or property.
3.) That such funds or property has been
appropriated by law or an ordinance
for a specific use.
4.) That the offender appropriated the
same for public use other than the
appropriation provided by law or
ordinance.
Public
Funds
carelessness.
Neglect
that
are
not
deliberate non performance of their duty
can be dealt with administratively. (PEOPLE
v REYES)
*Example of negligence is falling asleep
during guard hours.
*The fact that the public officer recaptured
the escapee does not afford complete
exculpation.
Art 225- Escape of Prisoner under the
custody of a private person not a public
officer
Elements:
1.) Offender is a private person
2.) That the custody of a prisoner
(Detained
or
convict
by
final
judgment) is conveyed to the private
person.
3.) Such prisoner escapes.
4.) The offender consented, connived or
through negligence let the prisoner
escape.
Art 225- Removal, Concealment, or
Destruction of Documents or Papers.
Elements:
1.) that the offender is a public officer
2.) that he is in entrusted with papers
or documents by reason of his
office.
3.) that he removes, conceals, or
destroys such documents or
papers
without
having
the
authority to do so.
4.) That there is damage, serious or
not, to a 3rd party or the public
interest.
*The document must be complete
and is capable of establishing or
extinguishing an obligation.
A DOCUMENT is a written instrument
in which something is proven or
made of record. Hence, books,
pamphlets,
periodicals
are
not
documents.
*Papers includes checks, promissory
notes and paper money.
*Money bills received as exhibit in
courts are papers.
Acts punished:
1.) Removing
2.) Concealing
3.) Destroying
*The removal
purpose
must
be
for
illicit
Acts Punished:
1.) By revealing secrets known to the
offender by reason of his official duty.
2.) By delivering wrongfully papers or
copies of papers of which he may
have charge and which should not be
published.
Elements of no 1:
1.) Offender is a public officer
2.) He knows of a secret by reason of his
official capacity.
3.) He discloses the same without
authority or without justifiable reason
4.) Damage, great or small, was done to
the public interest.
3.) Those
papers
should
not
be
published
4.) He delivers those papers or copies to
a 3rd person
5.) The delivery is wrongful
6.) Damage is cause to the public
interest
*If the papers do not contain secrets then
removal fir an illicit purpose is punished
under infidelity in the custody of
documents.
Elements:
1.) Offender is a public officer
2.) He knows secrets of an individual by
reason of his official duty
3.) He reveals such secret without
authority or justifiable reason