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    Understanding Criminal and Civil Liabilities of Public Officers

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    Lex Tamen Coercitor
    Public officers are subject to three types of liability - administrative, civil, and criminal - for breaches of their duties. Administrative liability stems from violations of laws like the Administrative Code, while civil liability involves compensating others for damages under provisions of the Civil Code. Criminal liability entails penalties for offenses in the Revised Penal Code like bribery, malversation of public funds, illegal use of funds, and failure to deliver funds. Public officers are held to high standards of integrity and ethics due to the public nature of their work.

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    Understanding Criminal and Civil Liabilities of Public Officers

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    Lex Tamen Coercitor
    95 views22 pages
    Public officers are subject to three types of liability - administrative, civil, and criminal - for breaches of their duties. Administrative liability stems from violations of laws like the Administrative Code, while civil liability involves compensating others for damages under provisions of the Civil Code. Criminal liability entails penalties for offenses in the Revised Penal Code like bribery, malversation of public funds, illegal use of funds, and failure to deliver funds. Public officers are held to high standards of integrity and ethics due to the public nature of their work.

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    Public officers are subject to three types of liability - administrative, civil, and criminal - for breaches of their duties. Administrative liability stems from violations of laws like the Administrative Code, while civil liability involves compensating others for damages under provisions of the Civil Code. Criminal liability entails penalties for offenses in the Revised Penal Code like bribery, malversation of public funds, illegal use of funds, and failure to deliver funds. Public officers are held to high standards of integrity and ethics due to the public nature of their work.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
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    95 views22 pages

    Understanding Criminal and Civil Liabilities of Public Officers

    Uploaded by

    Lex Tamen Coercitor
    Public officers are subject to three types of liability - administrative, civil, and criminal - for breaches of their duties. Administrative liability stems from violations of laws like the Administrative Code, while civil liability involves compensating others for damages under provisions of the Civil Code. Criminal liability entails penalties for offenses in the Revised Penal Code like bribery, malversation of public funds, illegal use of funds, and failure to deliver funds. Public officers are held to high standards of integrity and ethics due to the public nature of their work.

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    of 22

    UNDERSTANDING

    CRIMINAL AND CIVIL


    LIABILITIES
    OF PUBLIC OFFICERS

    Atty. REX R. R O J AS
    Office of the Ombudsman
    OVERVIEW

    1. Concept of a Public Officer


    2. Three-fold Liability Rule
    a) Administrative
    b) Civil
    c) Criminal

    II. Administrative Liability


    • Administrative Code of the Philippines
    • Agency Administrative Rules & Regulations
    • Revised Rules on Administrative Cases in the
    Civil Services
    • Other Special laws (RA 6713, RA 3019 etc.)
    III. Civil Liability
    Art. 19 to 21, Civil Code
    RA 1379 (Forfeiture Law)

    IV. Criminal Liability

    Title VII, Revised Penal Code


    RA 6713 Code of Conduct and Ethical Standards for
    Public Officials and Employees
    RA 3019 Anti Graft and Corrupt Practices Act
    Other Special Penal Laws
    PUBLIC OFFICER

    "Public officer" includes elective and appointive


    officials and employees, permanent or
    temporary, whether in the classified or
    unclassified or exempt service receiving
    compensation, even nominal, from the
    government. (Sec. 2 (b), RA 3019)
    PUBLIC OFFICER

    "Public Officials" includes elective and appointive


    officials and employees, permanent or temporary,
    whether in the career or non-career service,
    including military and police personnel, whether or
    not they receive compensation, regardless of
    amount. Sec. 3 (b), RA 6713
    PUBLIC OFFICER

    "Public Officials" includes elective and appointive


    officials and employees, permanent or temporary,
    whether in the career or non-career service,
    including military and police personnel, whether or
    not they receive compensation, regardless of
    amount. Sec. 3 (b), RA 6713
    Characteristics of Public Office

    •Delegation of sovereign functions


    (legislative, executive, judicial) of the State to
    an individual.
    •Exercised for a time being.
    •For the benefit of the public.
    Breach of office or acts giving rise to liability of PO:

    Malfeasance- performance of some act which


    ought not to be done. 
    Misfeasance- improper performance of some act
    which might lawfully be done, and  
    Nonfeasance- omission of some act which ought
    to be performed.
    Threefold Liability Rule
    Basic Principle:
    “The violation or wrongful act of a
    PO may give rise to CIVIL, CRIMINAL
    and/or ADMINISTRATIVE liabilities.”
    Civil Liabilities
    Art. 19, NCC
    Every person must, in the exercise of his
    rights and in the performance of his duties,
    act with justice, give everyone his due, and
    observe honesty and good faith.

    Art. 20, NCC


    Every person who, contrary to law, wilfully
    or negligently cause damage to another, shall
    indemnify the latter for the same.
    Art. 21, NCC
    Any person who wilfully cause loss or injury
    to another in a manner that is contrary to
    morals, good customs or public policy shall
    compensate the latter for the damage.

    Art. 22, NCC


    Every person who, contrary to law, wilfully
    or negligently cause damage to another, shall
    indemnify the latter for the same.
    For failure or neglect to perform official
    duty:

    “Any person suffering material or moral loss


    because a public servant or employee refuses
    or neglects, without just cause, to perform his
    official duty may file an action for damages
    and other relief against the latter without
    prejudice to any disciplinary administrative
    action that may be taken.”
    RA 1379
    Provides for the procedure to declare forfeited any
    property found to have been unlawfully acquired by a
    public officer. It punishes with imprisonment for a term
    not exceeding five (5) years or a fine not exceeding
    P10,000 or both such imprisonment or fine, any public
    officer or employee who shall transfer or convey any
    unlawfully acquired property. (Sec. 12 thereof.)

    Unexplained wealth
    Grossly disproportional to one’s legitimate sources of income
    Title VII, RPC (Crimes Committed by PO) Selected
    Crimes

    Bribery (Arts. 210, 211 &211-A, RPC)


    BRIBERY is the act of offering, giving, receiving or soliciting
    of any thing of value to influence action of an official or in
    the discharge of legal or public duty.

    Whether direct, indirect or qualified, bribery is


    considered the most common form of corruption
    practiced by public officers in the course of their
    official duties.
    II. Title VII, RPC (Crimes Committed by PO)
    Selected Crimes
    Indirect Bribery (Art. 211, RPC)
    How Committed
    Public officer accepts gifts which are offered to him by reason of
    his office.
    Direct Bribery -vs.- Indirect Bribery
    1. In DB, there is an agreement; in IB usually no agreement.
    2. In DB, offender agrees to perform or performs an act or
    refrains from doing something, because of the gift or
    promise; in IB, it is not necessary that the offender should do
    an act or promise to do an act, as it is enough that he accepts
    gift or promise by reason of his office (POZAR vs. CA, 132
    SCRA 729)
    II. Title VII, RPC (Crimes Committed by PO)
    Selected Crimes
    Qualified Bribery (Art. 211-A)
    -Public officer entrusted with law enforcement refrains from
    arresting/prosecuting offender for crime punishable by reclusion
    perpetua and/or death, In consideration of any offer, promise or gift

    Distinction of QB vs. DB

    In QB, the crime involved is capital offense; In DB, it involved


    lighter offense.
    QB is committed only by law enforcers; DB is committed by law
    enforcers or any public officers
    II. Title VII, RPC (Crimes Committed by PO)
    Selected Crimes

    M a l v e r s a ti o n o f P u b l i c F u n d s
    or Property (Art. 217, RPC)
    Malversation [embezzlement, misappropriation]
    -The act of appropriating or misappropriating public funds or
    property for personal gain.
    Acts punished in Malversation:
    a.By appropriating public funds or property;
    b.By taking or misappropriating the same;
    II. Title VII, RPC (Crimes Committed by PO)
    Selected Crimes
    c. By consenting, or through abandonment or negligence,
    permitting any other person to take such public funds or
    property;

    d. By being otherwise guilty of misappropriating of such public


    funds or property.
    II. Title VII, RPC (Crimes Committed by PO)
    Selected Crimes

    Illegal Use of Public Funds or Property (Art. 220,


    RPC)
    Technical Malversation, How Committed
    There is public fund or property under the administration of a
    public officer. Such public fund or property has been
    appropriated by law or ordinance. [w/o this, it is simple
    malversation even if applied to other public purpose]. He applies
    the same to a public use other than for which such fund or
    property has been appropriated by law or ordinance.
    II. Title VII, RPC (Crimes Committed by PO)
    Selected Crimes

    Illegal Use of Public Funds or Property (Art. 220,


    RPC)
    Note:
    Technical Malversation (Art. 220) vs. Malversation (Art.
    217)
    In Technical Malversation, offender does not derive any
    personal gain, the funds are merely devoted to some
    other public use. In Malversation, offender derived
    personal gain.
    Absence of damage is only a mitigating circumstance
    II. Title VII, RPC (Crimes Committed by PO)
    Selected Crimes

    Failure to Deliver Public Funds


    or Property (Art. 221, RPC)

    How committed:
    Offender has government funds or property in his
    possession;
    He is under obligation to either: make payment from such
    funds or to deliver property in his custody or administration
    when ordered by competent authority;
    He maliciously fails or refuses to do so.
    THANK YOU

    Office of the Ombudsman


    Agham Road, Diliman, Quezon City
    Visit our website at:
    www.ombudsman.gov.ph

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