period and suspension​; but if he shall have acted by

Art. 204. ​Knowingly rendering unjust judgment​ . — Any reason of inexcusable negligence or ignorance and the
judge who shall knowingly render an unjust judgment in any interlocutory order or decree be manifestly unjust, the
case submitted to him for decision, shall be punished by penalty shall be ​suspension​.
prision mayor and perpetual absolute disqualification.
ELEMENTS:
ELEMENTS: 1. Offender is a judge
1. Offender is a judge 2. He performs any of the following acts
2. He renders a judgement in a case submitted to him a. Knowingly renders unjust interlocutory order
for decision or decree
3. Judgement is unjust b. He renders a manifestly unjust interlocutory
4. He knows the judgement is unjust order or decree through inexcusable
negligence or ignorance
Judgement - final consideration and determination of a court
of competent jurisdiction upon matters submitted to it Interlocutory order
- Order issued by the court between commencement
Unjust judgement ​- one contrary to law and/or not supported and end of a suit
by evidence - Decides some point or matter but is not a final
decision on an issue at hand
When is it rendered knowingly? Example:​ Order granted preliminary injunction
- When done maliciously and with intent

Art. 207. ​Malicious delay in the administration of justice. —

SOURCES: The penalty of ​prision correccional in its minimum
1. Error period ​shall be imposed upon any judge guilty of malicious
2. Ill will delay in the administration of justice.
3. Bribery
ELEMENTS:
No liability​ when it is an error in ​good faith​. 1. Offender is a judge
2. There is a proceeding in his court
The ​presumption ​is that the judgement is just. 3. He delays the administration of justice
4. The delay is malicious
T​here must be evidence that:
1. Judgement is ​unjust Malicious - delay caused by the judge with deliberate intent to
2. Judge ​knew​ it was unjust inflict damage on either party

Art. 205. ​Judgment​ rendered through negligence. — Any Mere delay without malice is NOT a felony
judge who, by reason of inexcusable negligence or
ignorance shall render a manifestly unjust judgment in any
case submitted to him for decision shall be punished by ​
Art. 208. ​Prosecution of offenses; negligence and tolerance.
arresto mayor and temporary special disqualification​. — The penalty of ​prision correccional in its minimum
period and suspension ​shall be imposed upon any public
officer, or officer of the law, who, in dereliction of the duties
ELEMENTS: of his office, shall maliciously refrain from instituting
1. Offender is a judge prosecution for the punishment of violators of the law, or
shall tolerate the commission of offenses.
2. He renders a judgement in a case before him
3. Judgement is manifestly unjust
4. Such is due to inexcusable negligence or ignorance *the word ​negligence in the provision does not refer to lack of
foresight or skill. It simply means ​neglect of the duties of his
Abuse of discretion or mere error of judgement ​not office.
punishable.
- Abuse of discretion does not automatically imply bad ACTS PUNISHABLE:
faith or an ulterior motive ​ 1. Maliciously ​refrain from instituting prosecution for the
punishment of violators of the law (Note: this assumes
that the offense has already been committed)
​ ​
Art. 206​. ​Unjust interlocutory order. — Any judge who shall 2. Maliciously ​tolerate the commission of offenses
knowingly render an unjust interlocutory order or decree (Note: this assumes that the offense is about to be
shall suffer the penalty of ​arresto mayor in its minimum committed and the public officer or the officer of the
law knows about it)
*”maliciously” signifies deliberate evil intent; hence, if the ACTS PUNISHABLE:
dereliction of duty was caused by poor judgment or honest ​ 1. prejudicing/causing damage to his client by:
mistake, it is not punishable ​ a. Malicious breach of professional duty or
ELEMENTS: b. Inexcusable ​negligence or ignorance
1. Offender is a ​public officer or ​officer of the law who 2. revealing any secrets of the client learned by him in
has a duty to cause the prosecution of, or to his professional capacity (Note: damage is not
prosecute, offenses necessary)
2. Dereliction of the duties of office:
3. undertaking the defense of the opposing party after
a. knowing the commission of the crime, he
does not cause the prosecution of the having undertaken the defense of a prior client or
criminal (People v. Rosales) having received confidential information from prior
b. knowing that a crime is about to be client in a case (Note: if the prior client consents to
committed, he tolerates its commission the attorney’s taking the offense of the other party,
3. Offender acts with ​malice and ​deliberate intent to
favor the violator of the law there is no crime)

Who can be the offenders ​ - There is no solicitor or ​procurador judicial (person

1. Public officer → officers of the prosecution who had some practical knowledge of law and
department, whose duty is to institute criminal procedure but not a lawyer and was permitted to
proceedings for felonies upon being informed of their
perpetration represent a party in a case before an inferior court)
2. Officer of the law → those who, by reason of the under the Rules of Court (RoC)
position held by them, are duty-bound to cause the - Under the RoC, in the court of a justice of the peace,
prosecution and punishment of the offenders a party may conduct his litigation in person, with the
aid of an agent or friend or with the aid of an attorney
Dereliction of duties of office
- Presupposes that the officer has a duty to prosecute (Sec. 34, Rule 138)
or to move the prosecution of the offender. The
following have such duty:
- Chief of police (People v. Rosales) Art. 210. ​Direct bribery. — Any public officer who shall
- Barrio lieutenant/captain (US v. Mendoza) agree to perform an act constituting a crime, in connection
- Revenue officers do not have said duty with the performance of this official duties, in consideration
of any offer, promise, gift or present received by such
Examples of offenses under Art. 208 officer, personally or through the mediation of another, shall
- People v. Mina: chief of police who failed to file suffer the penalty of prision mayor in its medium and
criminal action against the jueteng collector who was maximum periods and a fine [of not less than the value of
caught possessing jueteng lists the gift and] ​not less than three times the value of the gift
- US v. Mendoza: if a barrio lieutenant was informed in ​addition ​to the ​penalty corresponding ​to the crime
that arson was committed but failed to move agreed upon, if the same shall have been committed.
prosecution of and punishment for arson, ​he would
be liable if the alleged crime was afterwards duly If the gift was accepted by the officer in consideration of the
proven execution of an act which does not constitute a crime, and
- Vda. de Bagatua, et.al. v. Revilla and Lombos: if the the officer executed said act, he shall suffer the ​same
fiscal is not convinced that the evidence gathered or penalty provided in the preceding paragraph; and if said act
presented would warrant the filing of an action in shall not have been accomplished, the officer shall suffer
court, he is not compelled to file the corresponding the penalties of ​prision correccional, in its medium
information based on the complaint. period and a fine of not less than twice the value of
such gift.

Art. 209. ​Betrayal of trust by an attorney or solicitor. — If the object for which the gift was received or promised was
Revelation of secrets. — In addition to the ​proper to make the public officer refrain from doing something
administrative action​, the penalty of ​prision correccional which it was his official duty to do, he shall suffer the
in its minimum period, or a fine ranging from 200 to penalties of ​prision correccional in its maximum period
1,000 pesos, or both, shall be imposed upon any and a fine [of not less than the value of the gift and] ​not
attorney-at-law or solicitor ( procurador judicial) who, by any less than three times the value of such gift.
malicious breach of professional duty or of inexcusable
negligence or ignorance, shall prejudice his client, or reveal In addition to the penalties provided in the preceding
any of the secrets of the latter learned by him in his paragraphs, the culprit shall suffer the penalty of ​special
professional capacity. temporary disqualification​.
The ​same penalty ​shall be imposed upon an
attorney-at-law or solicitor (procurador judicial) who, having The provisions contained in the preceding paragraphs shall
undertaken the defense of a client or having received be made applicable to assessors, arbitrators, appraisal and
confidential information from said client in a case, shall claim commissioners, experts or any other persons
undertake the defense of the opposing party in the same performing public duties. ​(As amended by Batas Pambansa
case, without the consent of his first client. Blg. 872, June 10, 1985).
 official duty official duty (third act)
ACTS PUNISHABLE ​(and corresponding penalties)*
*All acts have penalty of special temporary dq Gift received / promised not In consideration of a gift
an element received / promised

1) Agreeing to perform or by performing ​in PM

consideration of any ​offer, gift, or present ​an med-max
fine (3x RA3019: ANTI-GRAFT AND CORRUPT PRACTICES ACT
act constituting a crime ​in connection with the Section 3. ​Corrupt practices of public officers. In addition to acts or
performance of his official duties value)
omissions of public officers already penalized by existing law, the
● Promise to give and promise to commit following shall constitute corrupt practices of any public officer and
an unlawful act by public officer is are hereby declared to be unlawful:
sufficient
● Public officer also suffers penalty (a) Persuading, inducing or influencing another public officer to
corresponding to crime, if committed perform an act constituting a violation of rules and regulations duly
promulgated by competent authority or an offense in connection
2) ​Accepting a gift in consideration of an Executed with the official duties of the latter, or allowing himself to be
execution of an act ​which does not constitute - same persuaded, induced, or influenced to commit such violation or
a crime​, in connection with the performance of as first offense.
his duty act
Not (b) Directly or indirectly requesting or receiving any gift, present,
● Act done is not a crime, but is unjust share, percentage, or benefit, for himself or for any other person, in
accompli
● Presupposes an overt act (mere connection with any contract or transaction between the
shed -
promise to execute is not sufficient) PC med Government and any other part, wherein the public officer in his
fine (2x official capacity has to intervene under the law.
value)
(c) Directly or indirectly requesting or receiving any gift, present or
3) Agreeing to refrain, or by refraining to do PC max other pecuniary or material benefit, for himself or for another, from
fine (3x any person for whom the public officer, in any manner or capacity,
something which it is his official duty to do in
value) has secured or obtained, or will secure or obtain, any Government
consideration of gift or promise permit or license, in consideration for the help given or to be given,
● If refraining to do the act constitutes a without prejudice to Section thirteen of this Act.
crime, first act applies
(d) Accepting or having any member of his family accept
employment in a private enterprise which has pending official
Elements of direct bribery business with him during the pendency thereof or within one year
1. Offender is a public officer after its termination.
● Public officer as contemplated in Art 203
● Temporary performance of public functions
is sufficient Art. 211. ​Indirect bribery. — The penalties of ​prision
correccional in its medium and maximum periods, and
● Applicable to assessors, arbitrators,
public censure shall be imposed upon any public officer
appraisal, and claim commissioners, experts who shall accept gifts offered to him by reason of his office.
(last par, Art. 210) (As amended by Batas Pambansa Blg. 872, June 10, 1985).
2. Offender accepts an offer or promise or receives a gift
or present ELEMENTS:
● May be received personally or through 1. Offender is a public officer
intermediary 2. He accepts gifts
● May be voluntary offered by private person 3. Said gifts are offered to him by reason of his office
or solicited by public officer
● Offer or gift must be accepted by the public Gift is usually given to the public officer in anticipation of future
officer favor from the public officer.
● Gift must be of value (pecuniary estimation),
given that penalties (fines) are based on its Example: A veterinarian of the Board of Health, authorized to
value examine mules which were offered for sale to the Government,
Note: for the first act, gift need not be actually received by received money from the vendor of mules. He accepted the gift
public officer, a promise of gift (an offer) is sufficient). offered to him by reason of his office.(US v Richards, 6 Phil.
3. Offer is in consideration of acts (refer to table) 545)
4. Act is connected with the performance of his official
duties There must be clear intention on the part of the public officer to
take the gift so offered and considered the same as his own
Prevaricacion (Art 208) Bribery property from then on, such as putting away the gift for
safekeeping or pocketing the same. Mere physical receipt
Refraining from doing Refraining from doing unaccompanied by any other sign, circumstance or act tos how
something which pertains to something which pertains to such acceptance is not sufficient to lead the court to conclude
that the crime of indirect bribery has been committed.
the national or local governments, to receive, directly or indirectly,
(Formilleza v Sandiganbayan, 159 SCRA 1) and for private persons to give, or offer to give, any gift, present or
other valuable thing on any occasion, including Christmas, when
There is no attempted or frustrated indirect bribery, because it such gift, present or other valuable thing is given by reason of his
official position, regardless of whether or not the same is for past
is committed by accepting gifts offered to the public officer by favor or favors or the giver hopes or expects to receive a favor or
reason of his office. better treatment in the future from the public official or employee
concerned in the discharge of his official functions. Included within
the prohibition is the throwing of parties or entertainments in honor
Direct Bribery Indirect Bribery of the official or employee or his immediate relatives.
For violation of this Decree, the penalty of imprisonment for not
less than one (1) year nor more than five (5) years and
1. Public officer 1. Public officer
perpetual disqualification from public office shall be imposed.
recieves gifts receives gifts The official or employee concerned shall likewise be subject to
2. There is an 2. There is no administrative disciplinary action and, if found guilty, shall be
agreement agreement meted out the penalty of ​suspension or removal​, depending on
between the officer 3. Not necessary that the seriousness of the offense.
and the giver of the the officer should Any provision of law, executive order, rule or regulation or circular
gift or present do any particular inconsistent with this Decree is hereby repealed or modified
3. Offender agrees to act or even accordingly.
perform or promise to do an This Decree shall take effect immediately after its publication.
performs an act or act,, so long as he Done in the City of Manila, this 10th day of November, in the year of
refrains from doing receive gifts by Our Lord, nineteen hundred and seventy-two.
something because reason of his office
of the gift or
promise PD749: GRANTING IMMUNITY FROM PROSECUTION TO
GIVERS OF BRIBES AND OTHER GIFTS AND TO THEIR
ACCOMPLICES IN BRIBERY AND OTHER GRAFT CASES
It may be considered indirect bribery even f there was a sort of AGAINST PUBLIC OFFICERS
an agreement between public officer and giver of gift. This Section 1. ​Any person who voluntarily gives information about any
violation of Articles 210, 211 and 212 of the Revised Penal Code,
may be mistaken for direct bribery. However, in direct bribery, Republic Act Numbered Three Thousand Nineteen, as amended:
under the second paragraph of Art 210, the act executed must Section 345 of the Internal Revenue Code and Section 3604 of the
be unjust. If the act is not unjust, then it will be held under Tariff and Customs Code and other provisions of the said Codes
penalizing abuse or dishonesty on the part of the public officials
Article 211, even if there was some sort of agreement. concerned; and other laws, rules and regulations punishing acts of
graft, corruption and other forms of official abuse; and who willingly
PD No 46 makes act of receiving of gifts by public officials and testifies against any public official or employee for such violation
shall be exempt from prosecution or punishment for the offense with
employees and giving gifts by private persons, on any reference to which his information and testimony were given, and
occasion, including Christmas punishable by imprisonment of may plead or prove the giving of such information and testimony in
not less than one year nor more than five years and perpetual bar of such prosecution: Provided, that this immunity may be
enjoyed even in cases where the information and testimony are
disqualification from public office.
given against a person who is not a public official but who is a
principal, or accomplice, or accessory in the commission of any of
Criminal penalty of imprisonment is distinct from the the above-mentioned violations: Provided further, that this immunity
administrative penalty of separation from the judicial service. may be enjoyed by such informant or witness notwithstanding that
he offered or gave the bribe or gift to the public official or is an
accomplice for such gift or bribegiving; and Provided, finally, that
the following conditions concur:
PD46: MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND
EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS TO
1. The information must refer to consummated violations of any of
GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
the abovementioned provisions of law, rules and regulations;
2. The information and testimony are necessary for the conviction of
WHEREAS, under existing laws and the civil service rules, it is
the accused public officer;
prohibited to receive, directly or indirectly, any gift, present or any
3. Such information and testimony are not yet in the possession of
other form of benefit in the course of official duties;
the State;
WHEREAS, it is believed necessary to put more teeth to existing
4. Such information and testimony can be corroborated on its
laws and regulations to wipe out all conceivable forms of graft and
material points; and
corruption in the public service, the members of which should not
5. The informant or witness has not been previously convicted of a
only be honest but above suspicion and reproach; and
crime involving moral turpitude.
WHEREAS, the stoppage of the practice of gift-giving to
Section 2. The immunity granted hereunder shall not attach should
government men is a concrete step in the administration's program
it turn out subsequently that the information and/or testimony is
of reforms for the development of new moral values in the social
false and malicious or made only for the purpose of harassing,
structure of the country, one of the main objectives of the New
molesting or in any way prejudicing the public officer denounced. In
Society;
such a case, the public officer so denounced shall be entitled to any
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
action, civil administrative or criminal, against said informant or
Philippines, by virtue of the powers vested in me by the Constitution
witness: Provided, however, That such action may be commenced
as Commander-in-Chief of all the Armed Forces of the Philippines,
only after the dismissal of the case against the denounced public
and pursuant to Proclamation No. 1081 dated September 21, 1972,
officer after preliminary investigation or after the latter’s acquittal by
and General Order No. 1 dated September 22, 1972, do hereby
a competent court.
make it punishable for any public official or employee, whether of
The prescriptive periods for the various actions under the provisions
 1. The information must refer to consummated violations
of this section shall start to run from the time such actions may be
commenced as herein provided. (As amended by BP Blg. 242, of any of the above-mentioned provisions of law, rules
approved Nov. 11, 1982.) and regulations
Section 3. All preliminary investigations conducted by a 2. The information and testimony are necessary for the
prosecuting fiscal, judge or committee, and all proceedings
undertaken in connection therewith, shall be strictly confidential or conviction of the accused public officer
private in order to protect the reputation of the official under 3. Such information and testimony are not yet in the
investigation in the event that the report proves to be unfounded or possession of the State
no prima facie case is established.
Section 4. All acts, decrees and rules and regulations inconsistent 4. Such information and testimony can be corroborated
with the provisions of this Decree are hereby repealed or modified on its material points
accordingly. 5. The informant or witness has not been previously
Section 5.​ This Decree shall take effect immediately.
convicted of a crime involving moral turpitude

Art. 211-A. ​Qualified Bribery. — If any public officer is Art. 213. ​Frauds against the public treasury and similar
entrusted with law enforcement and he refrains from offenses. — The penalty of ​prision correccional in its
arresting or prosecuting an offender who has committed a medium period to prision mayor in its minimum period,
crime punishable by reclusion perpetua and/or death in or a fine ranging from 200 to 10,000 pesos, or both​, shall
consideration of any offer, promise, gift or present, he shall be imposed upon any public officer who:
suffer the ​penalty for the offense which was not
prosecuted. 1. In his official capacity, in dealing with any person with
If it is the public officer who asks or demands such gift or regard to furnishing supplies, the making of contracts, or the
present, he shall suffer the penalty of ​death​. ​(As added by adjustment or settlement of accounts relating to public
RA 7659). property or funds, shall enter into an agreement with any
interested party or speculator or make use of any other
scheme, to defraud the Government;
ELEMENTS:
1. Offender is a public officer entrusted with law 2. Being entrusted with the collection of taxes, licenses, fees
enforcement and other imposts, shall be guilty or any of the following acts
2. Offender refrains from arresting or prosecuting an or omissions:
offender who has committed a crime punishable by
(a) Demanding, directly, or indirectly, the payment of sums
reclusion perpetua and/or death different from or larger than those authorized by law.
3. Offender refrains from arresting or prosecuting the
offender in consideration of any promise, gift or (b) Failing voluntarily to issue a receipt, as provided by law,
present. for any sum of money collected by him officially.

(c) Collecting or receiving, directly or indirectly, by way of

Art. 212. ​Corruption of public officials. — The ​same payment or otherwise things or objects of a nature different
penalties imposed upon the officer corrupted, except those from that provided by law.
of disqualification and suspension, shall be imposed upon
any person who shall have made the offers or promises or When the culprit is an officer or employee of the Bureau of
given the gifts or presents as described in the preceding Internal Revenue or the Bureau of Customs, the ​provisions
articles. of the Administrative Code​ shall be applied.

ELEMENTS: ACTS PUNISHABLE

1. Offender makes offers or promises or gives gifts or 1. Entering into an ​agreement with any interested party
presents to a public officer or speculator or making use of any other scheme to
2. Offers or promises are made or the gifts or presents defraud the government, in dealing with any person
given to a public officer, under circumstances that will with regard to:
make the public officer liable for direct bribery or a. Furnishing supplies
indirect bribery b. Making of contracts
c. Adjustment or settlement of accounts
Offender in this article is the giver of gifts or offeror of promise. relating to public property or funds
Article 212 punishes the person who made the offer or promise 2. By demanding directly or indirectly the payment of
or give the gift even if the gift was demanded by the public sums ​different from or larger than those authorized by
officer and the offer was not made voluntarily prior to the said law, in the collection of taxes, licenses, fees, and
demand. other imposts
Bribery is usually proved by evidence acquired in entrapment. 3. By failing ​voluntarily to issue a receipt, as provided by
However, PD 749 grants immunity from prosecution to givers law, for any sum of money collected by him ​officially,
of bribes and other gifts and to their accomplices in bribery and in the collection of taxes, licenses fees and other
other graft cases against public officers provided: imposts
 4. By collecting or receiving, directly or indirectly by way b. malversation for misappropriating the amount
of payment or ​otherwise, things or objects of a nature collected
different from that provided by law, in the collection of
taxes, licenses, fees, and other imports. The government may refund the difference between the
amount collected and the amount paid.
Elements of frauds against public treasury (Art 213 par 1)
A. The offender is a public officer
Art. 214. ​Other frauds. — In addition to the ​penalties
B. That he should have taken advantage of his office, that is, prescribed in the provisions of Chapter Six, Title Ten, Book
he intervened in the transaction in his official capacity Two, of this Code, the penalty of ​temporary special
C. That he entered into an agreement with any interested disqualification in its maximum period to perpetual
party or speculator or made use of any other scheme with special disqualification shall be imposed upon any public
officer who, taking advantage of his official position, shall
regard to:
commit any of the frauds or deceits enumerated in said
a. Furnishing supplies provisions.
b. Making of contracts
c. The adjustment or settlement of accounts relating
ELEMENTS:
to public property or funds
1. That the offender is a public officer
D. That the accused had the intent to defraud the
2. That he takes advantage of his official position
government
3. That he commits any of the frauds or deceits
enumerated in Articles 315 to 318
It is not necessary that the Government is actually
defrauded it is sufficient that the public officer had intent
Since the councillor committed the crime as a private
to defraud.
individual because he received the money not on the
exercise of his functions as councillor (US vs Dacuycuy)
Elements of Illegal exactions
A. Offender is a public officer ​entrusted with the collection of
When the councillor takes advantage of his position in
taxes, licenses, fees and other imposts
committing estafa the disqualification mentioned herein is
B. He is guilty of any of the following acts or omissions
part of the penalty to be imposed (US vs Torrida)
a. Demanding, directly or indirectly, the payment of
sums ​different from or larger than those
Any of the other frauds enumerated in Chapter 6, Title 10,
authorized by law
book Two:
b. Failing ​voluntarily to issue a receipt, as provided
A. Estafa
by law, for any sum of money collected by him
B. Other forms of swindling
officially.
C. Swindling a minor
c. Collecting or receiving, directly or indirectly, by
D. Other deceits
way of payment or otherwise, things or objects of
a nature different from that provided by law
The RTC has jurisdiction when this article is involved.
Mere demand for larger or different amount is sufficient to
consummate the crime.
Art. 215​. ​Prohibited transactions. — The penalty of ​prision
To receive certain amounts in connection with his duties correccional in its maximum period or a fine ranging
and not issue receipts would be tantamount to illegal from 200 to 1,000 pesos, or both​, shall be imposed upon
any appointive public officer who, during his incumbency,
exactions. ​As well as violation of Sec 113 of Article III Chapter shall directly or indirectly become interested in any
V of the National Accounting and Auditing Manual. transaction of exchange or speculation within the territory
subject to his jurisdiction.
When there is deceit, the crime is estafa not illegal
exaction. ELEMENTS:
1. Offender is an ​appointive​ public officer
When a public officer has the official duty to collect taxes, 2. That he becomes interested, ​directly or indirectly​, in
receives a payment in said concept, he makes himself any transaction of exchange or speculation.
directly accountable to the government for the money 3. Transaction takes place ​within the territory subject
collected. ​Money collected so acquires the character or forms to his jurisdiction.
part of the public funds. Therefore misappropriation is suffered 4. He becomes interested in the transaction ​during
by the government. (People vs Policher) incumbency.
A tax collector collecting a sum larger than that authorized by
law is guilty of The transaction must be one of exchange or speculation.
a. illegal exaction for demanding a greater amount
I.e. buying and selling stocks, commodities, land, hoping to The official who intervenes in contracts or transactions which
take advantage of and expected rise or fall in price, etc. have no connection with his office cannot commit the crime in
Art. 216
Purchasing stocks or shares in a company is simply an
investment and is not a violation. ** Constitutional prohibitions
To do so does not mean taking part in a business for gain or Sec. 14, Art. 6 - for Senators, members of House of Rep
profit, but simply to invest funds at a legal interest. Sec. 13, Art 7 - for Pres, VP, Members of Cabinet
Sec. 2, Art. 9-A - for Constitutional Commissions
Buying regularly/habitually securities for resale is
speculation.
The appointive public officer should not devote himself to
commerce.

Examples of appointive officers (under Art. 14 of Code of

Commerce)
1. Justices, judges, or fiscals.
2. Employees engaged in the collection and
administration of public funds.
A fiscal of Manila who engages in commerce in Manila is guilty
under this article. But if he engages in commerce outside of
Manila, he is not.

Art. 216​. ​Possession of prohibited interest by a public

officer. — The penalty of ​arresto mayor in its medium
period to prision correccional in its minimum period, or
a fine ranging from 200 to 1,000 pesos, or both​, shall be
imposed upon a public officer who directly or indirectly, shall
become interested in any contract or business in which it is
his official duty to intervene.

This provisions is applicable to experts, arbitrators and

private accountants who, in like manner, shall take part in
any contract or transaction connected with the estate or
property in appraisal, distribution or adjudication of which
they shall have acted, and to the guardians and executors
with respect to the property belonging to their wards or
estate.

PERSONS LIABLE:
1. Public officer who, directly or indirectly, became
interested in any contract or business in which it was
his ​official duty​ to intervene.
2. Experts​, ​arbitrators​, and ​private accountants who
took part in any contract or transaction connected with
the estate or property in ​appraisal​, ​distribution​, or
adjudication​ of which they had acted.
3. Guardians and ​executors with respect to the
property belonging to their wards or the estate.

Actual fraud unnecessary

The act is punished because of the possibility that fraud may
be committed or that the officer may place his own interest
above that of the government or party which he represents.
(U.S. v. Udarbe)

Intervention must be by virtue of public office held