The document outlines the 'threefold liability rule' for public officers, defining their civil, criminal, and administrative liabilities for misconduct. It details various offenses such as bribery, malversation of public funds, frauds against the public treasury, and infidelity in the custody of documents, along with the corresponding penalties for each violation. Additionally, it includes regulations on the proper conduct expected from public officials and the repercussions of failing to adhere to these standards.

1. "Threefold liability rule"
• holds that the wrongful acts or omissions of a
public officer may give rise to
1. civil,
2. criminal and
3. administrative
liability.

3. Art 203. Who Are Public Officers.
Requisites:
To be a public officer, one must be -
1. Taking part in the performance of public functions in the Government, or
performing public duties as an employee, agent or subordinate official, of
any rank or class, in the government or any of its branches; and
2. That his authority to take part in the performance of public functions or to
perform public duties must be -
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent authority.

4. MALFEASANCE AND
MISFEASANCE IN OFFICE

5. Bribery
1. Direct bribery
2. Indirect bribery
3. Qualified Bribery
4. Corruption of Public officials

6. Direct bribery
• Any public officer who shall
1.agree to perform an act constituting a crime,
2.in connection with the performance of his official duties,
3.in consideration of any offer, promise, gift or present
4.received by such officer, personally or through the mediation of
another
Penalty: Prision mayor in its medium and minimum periods and a fine
of not less than three times the value of the gift in addition to the
penalty corresponding to the crime agreed upon, if the same shall have
been committed.

7. • Execution of an act which does not constitute a crime, and the officer
executed said act. Same penalty.
• Said act shall not have been accomplished. Penalty: Prision correccional, in
its medium period and a fine of not less than twice the value of such gift.
• Make the public officer refrain from doing something which it was his
official duty to do. Penalty: Prision correccional in its maximum period to
prision mayor in its minimum period and a fine of not less than three times
the value of such gift.

8. Indirect bribery
• Any public officer who shall accept gifts offered to him by reason of
his office. (As amended by BP Blg. 871, approved May 29, 1985.)
Penalty: Prision correctional in its medium and maximum periods,
suspension and public censure

9. Qualified Bribery
• Any public officer is entrusted with law enforcement and he refrains
from arresting or prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or death in consideration
of any offer, promise, gift or present
Penalty for the offense which was not prosecuted. If it is the public
officer who asks or demands such gift or present, he shall suffer the
penalty of death. (As added by Section 4, RA No. 7659.)

10. FRAUDS AND ILLEGAL EXACTIONS
AND TRANSACTIONS

11. 1. Frauds against the public treasury and similar offenses
2. Other frauds
3. Possession of prohibited interest by a public officer

12. Frauds against the public treasury
1. Offender is a public officer;
2. He should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity;
3. He entered into an agreement with any interested party or speculator or
made use of any other scheme with regard to:
a. Furnishing supplies
b. The making of contracts or
c. The adjustment or settlement of accounts relating to public property
or funds; and
• 4. Accused had intent to defraud the Government.
Penalty: Prision correccional in its medium period to prision mayor in its
minimum period or a fine ranging from 200 to 10,000 pesos.

13. Other frauds
Elements:
1. Offender is a public officer;
2. He takes advantage of his official position; and
3. He commits any of the frauds or deceits enumerated in Arts. 315-
318

14. • In addition to the penalties prescribed
Title Ten - Crimes against Property, Chapter Six - Swindling and Other
Deceits
- Swindling (estafa)
- Other forms of swindling
- Swindling a minor
- Other deceits
Penalty: Temporary special disqualification in its maximum period to
perpetual special disqualification.

15. Possession of prohibited interest by a public officer
• A public officer who directly or indirectly, shall become interested in
any contract or business in which it is his official duty to intervene.
Penalty: 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.

16. MALVERSATION OF PUBLIC
FUNDS OR PROPERTY

17. 1. Malversation of public funds or property
2. Failure of accountable officer to render accounts
3. Failure of a responsible public officer to render accounts before
leaving the country
4. Illegal use of public funds or property
5. Failure to make delivery of public funds or property

18. Malversation of public funds or property
Any public officer who
1.by reason of the duties of his office,
2.is accountable for public funds or property, shall
a. appropriate the same, or
b. take or misappropriate or
c. consent, or through abandonment or negligence, shall permit
any other person to take such public funds or property, wholly or
partially, or shall otherwise be guilty of the misappropriation or
malversation of such funds or property.

19. Penalty (amount involved):
a.Prision correccional in its med and max periods = Not exceed Php200
b.Penalty of prision mayor in its min and med periods = Php200 , Not
exceed Php 6,000
c.Penalty of prision mayor in its max period to reclusion temporal in its
min period = more than Php6,000 , less than Php12,000
d.Penalty of reclusion temporal in its med and max periods = more
than Php12,000 , less than Php22,000
e.Penalty shall be reclusion temporal in its max period to reclusion
perpetua = exceeds Php22,000

20. • In all cases - Guilty - Penalty of perpetual special disqualification and a
fine equal to the amount of the funds malversed or equal to the total
value of the property embezzled.
• The failure of a public officer to have duly forthcoming any public
funds or property with which he is chargeable, upon demand by any
duly authorized officer shall be prima facie evidence that he has put
such missing funds of property to personal uses. (As amended by RA
1060 approved June 12, 1954.)

21. Failure of accountable officer to render accounts
• Any public officer,
1. whether in the service or separated therefrom by resignation or any
other cause,
2. who is required by law or regulation to render account to the
Commission on Audit, or to a provincial auditor and
3. who fails to do so for a period of two months after such accounts
should be rendered
Penalty: Prision correccional in its minimum period, or by a fine ranging
from 200 to 6,000 pesos, or both.

22. Illegal use of public funds or property
(Technical Malverstaion)
• Any public officer who shall
1. apply any public fund or property under his administration
2. to any public use other than that for which such fund or property were
appropriated by law or ordinance.
a. if by reason of such misapplication, any damage or embarrassment
shall have resulted to the public service.
Penalty: Prision correccional in its minimum period or a fine ranging from one-
half to the total value of the sum misapplied. In either case - Penalty of
temporary special disqualification.
b. no damage or embarrassment to the public service resulted
Penalty: Fine from 5 to 50 percent of the sum misapplied.

23. Failure to make delivery of public funds or property
• Any public officer under obligation
1. to make payment from Government funds in his possession,
2. who shall fail to make such payment
Penalty: Arresto mayor and a fine from 5 to 25 percent of the sum
which he failed to pay.
• This provision shall apply to any public officer who, being ordered by
competent authority to deliver any property in his custody or under
his administration, shall refuse to make such delivery.
• Fine shall be graduated in such case by the value of the thing,
provided that it shall not be less Php 10,000.

24. INFIDELITY OF PUBLIC OFFICERS

25. Infidelity in the custody of documents
1. Removal, concealment or destruction of documents
2. Officer breaking seal
3. Opening of closed documents

26. Removal, concealment or destruction of
documents
• Any public officer who shall remove, destroy or conceal documents or papers
officially entrusted to him.
Penalty
a.Prision mayor and a fine not exceeding 1,000 pesos, whenever serious
damage shall have been caused thereby to a third party or to the public
interest.
b. Prision correccional in its minimum and medium periods and a fine not
exceeding 1,000 pesos, whenever the damage caused to a third party or to the
public interest shall not have been serious.
In either case, additional penalty - Temporary special disqualification in
its maximum period to perpetual special disqualification shall be imposed.

27. Officer breaking seal
• Any public officer
1. charged with the custody of papers or property
2. sealed by proper authority,
3. who shall break the seals or permit them to be broken
Penalty: Prision correccional in its minimum and medium periods,
temporary special disqualification and a fine not exceeding 2,000
pesos.

28. Opening of closed documents
• Any public officer
1. not included in the provisions of the next preceding article
2. who, without proper authority,
3. shall open or shall permit to be opened any closed papers,
documents or objects entrusted to his custody
Penalty: Arresto mayor, temporary special disqualification and a fine
not exceeding 2,000 pesos.

29. Revelation of Secrets
1. Revelation of secrets by an officer
2. Public officer revealing secrets of private individual

30. Revelation of secrets by an officer
• Any public officer who shall
1. reveal any secret known to him by reason of his official capacity, or
2. shall wrongfully deliver papers or copies of papers of which he may have
charge and which should not be published
Penalty:
a. if it caused serious damage to the public interest - Prision correccional
in its medium and maximum periods, perpetual special disqualification and a
fine not exceeding 2,000 pesos;
b. otherwise - Prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 500 pesos

31. Public officer revealing secrets of private individual
• Any public officer to whom the secrets of any private individual shall
become known by reason of his office who shall reveal such secrets
Penalty: Arresto mayor and a fine not exceeding 1,000 pesos.

32. Anticipation, prolongation, and abandonment of
the duties and powers of public office
1. Prolonging performance of duties and powers
2. Abandonment of office or position

33. Prolonging performance of duties and powers
• Any public officer who shall
1. continue to exercise the duties and powers of his office, employment
or commission,
2. beyond the period provided by law, regulations or special provisions
applicable to the case
Penalty: Prision correccional in its minimum period, special temporary
disqualification in its minimum period and a fine not exceeding 500
pesos.

34. Abandonment of office or position
• Any public officer who, before the acceptance of his resignation, shall
abandon his office to the detriment of the public service
• Penalty: Arresto mayor

35. Abuses against chastity
• Any public officer who shall solicit or make immoral or indecent
advances to a woman interested in matters pending before such
officer for decision, or with respect to which he is required to submit
a report to or consult with a superior officer.
Penalty: Prision correccional in its medium and maximum periods and
temporary special disqualification