understanding criminal and civil liabilities of public officers atty. rex r. rojas office of the...

UNDERSTANDING CRIMINAL AND CIVIL LIABILITIES OF PUBLIC OFFICERS

Atty. REX R . ROJASOffice of the Ombudsman

OVERVIEW

1. Concept of a Public Officer 2. Three-fold Liability Rule

a) Administrativeb) Civilc) 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 LiabilityArt. 19 to 21, Civil CodeRA 1379 (Forfeiture Law)

IV. Criminal Liability

Title VII, Revised Penal CodeRA 6713 Code of Conduct and Ethical Standards for Public Officials and EmployeesRA 3019 Anti Graft and Corrupt Practices ActOther Special Penal Laws

"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 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 RuleBasic Principle:

“The violation or wrongful act of a PO may give rise to CIVIL, CRIMINAL and/or ADMINISTRATIVE liabilities.”

Civil Liabilities

Art. 19, NCCEvery 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, NCCEvery person who, contrary to law, wilfully or negligently cause damage to another, shall indemnify the latter for the same.

Art. 21, NCCAny 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, NCCEvery 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)


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


M a l v e r s a ti o n o f P u b l i c F u n d s o r P r o p e r t y ( A r t . 2 1 7 , R P C )

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;


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.


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

Technical Malversation, How CommittedThere 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.


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


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 OmbudsmanAgham Road, Diliman, Quezon City

Visit our website at:www.ombudsman.gov.ph

understanding criminal and civil liabilities of public officers atty. rex r. rojas office of the...

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