Art. 205. Judgment rendered through negligence. - Any 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 arresto mayor and temporary special disqualification.
Art. 206. Unjust interlocutory order. - Any judge who shall knowingly render an unjust interlocutory order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension.
Art. 207. Malicious delay in the administration of justice. - The penalty of prision correccional in its minimum period shall be imposed upon any judge guilty of malicious delay in the administration of justice.
Art. 208. Prosecution of offenses; negligence and tolerance. - The penalty 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 of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.chan robles virtual law llibrary
Art 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the proper administrative action, the penalty of prision correctional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon by any malicious breach of professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his professional capacity. The same penalty shall be imposed upon an attorney-at-law or solicitor (procurator judicial) who, having undertaken the defense of a client or having received confidential information from said client in a case, shall undertake the defense of the opposing party in the same case, without the consent of his first client.
Art. 210 Direct bribery. - Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his official duties, in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and maximum periods and a fine [of not less than the value of the gift and] 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.
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the penalties of prison correccional, in its medium period and a fine of not less than twice the value of such gift.
If the object for which the gift was received or promised was to make the public officer refrain from doing something which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a fine [of not less than the value of the gift and] not less than three times the value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary disqualification.chan robles virtual law llibrary
The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties.
Art. 211. Indirect bribery. - The penalties of prision correccional in its medium and maximum periods, and public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office.
Art. 212. Corruption of public officials. - The same penalties
imposed
upon the officer corrupted, except those of disqualification and
suspension,
shall be imposed upon any person who shall have made the offers or
promises
or given the gifts or presents as described in the preceding articles.
(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.
(c) Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.
Art. 214. Other Frauds. - In addition to the penalties prescribed in the provisions of Chapter six, Title Ten. Book Two, of this Code, the penalty of temporary special disqualification shall be imposed upon any public officer who, taking advantage of his official position, shall commit any of the frauds or deceits enumerated in said provisions.
Art. 215. Prohibited transactions. - The penalty of prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his jurisdiction.
Art. 216. Possession of prohibited interest by a public officer. - The penalty of arresto mayor in its medium 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 provision 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
tom the property belonging to their wards or estate.
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 use.
Art. 218. Failure of accountable officer to render accounts. -
Any
public officer, whether in the service or separated there from by
resignation
or any other cause, who is required by law or regulation to render
account
to the Insulator Auditor, or to a provincial auditor and who fails to
do
so for a period of two months after such accounts should be rendered,
shall
be punished by prision correccional in its minimum period, or by a fine
ranging from 200 to 1,000 pesos or both.
Art. 219. Failure of a responsible public officer to render accounts before leaving the country. - Any public officer who unlawfully leaves or attempts to leave the Philippine Islands without securing a certificate from the Insular Auditor showing that his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or both.
Art. 220. Illegal use of public funds or property. - Any public officer who shall apply any public fund or property under his administration to any public use other than that for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damage or embarrassment shall have resulted to the public service. In either case, the offender shall also suffer the penalty of temporary special disqualification.
If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of the sum misapplied.
Art. 221. Failure to make delivery of public funds or property. - Any public officer under obligation to make payment from Government funds in his possession, who shall fail to make such payment, shall be punished by arresto mayor and a fine of from 5 to 25 per cent 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.
The fine shall be graduated in such case by the value of the thing, provided that it shall not be less than 50 pesos.
Art. 222. Officers included in the preceding provisions. - The
provisions
of this chapter shall apply to private individuals who, in any capacity
whatever, have charge of any insular, (now national) provincial or
municipal
funds, revenues, or property and to any administrator or depository of
funds or property attached, seized or deposited by public authority,
even
if such property belongs to a private individual.
Art. 225. Escape of prisoner under the custody of a person not a public officer. - Any private person to whom the conveyance or custody of a prisoner or person under arrest shall have been confided, who shall commit any of the offenses mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public officer. Section Two. - Infidelity in the custody of document
Art. 226. Removal, concealment or destruction of documents. - Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:
Art. 227. Officer breaking seal. - Any public officer charged with the custody of papers or property sealed by proper authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos.
Art. 228. Opening of closed documents. - Any public officer
not
included in the provisions of the next preceding article who, without
proper
authority, shall open or shall permit to be opened any closed papers,
documents
or objects entrusted to his custody, shall suffer the penalties of
arresto
mayor, temporary special disqualification and a fine not exceeding
2,000
pesos.
Art. 230. 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,
shall
suffer the penalties of arresto mayor and a fine not exceeding 500
pesos
shall be imposed.
Art. 232. Disobedience to order of superior officer, when said order was suspended by inferior officer. - Any public officer who, having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the latter have disapproved the suspension, shall suffer the penalties of prision correccional in its minimum and medium periods and perpetual special disqualification.
Art. 233. Refusal of assistance. - The penalties of arresto
mayor
in its medium period to its prision correccional in its minimum period,
perpetual special disqualification and a fine not exceeding 1,000
pesos,
shall be imposed upon a public officer who, upon demand from competent
authority, shall fail to lend his co-operation towards the
administration
of justice or other public service, if such failure shall result in a
serious
damage to the public interest, or to a third party; otherwise, arresto
mayor in its medium and maximum periods and a fine not exceeding 500
pesos
shall be imposed.
Art. 234. Refusal to discharge elective office. - The penalty
of
arresto mayor or a fine not exceeding 1,000 pesos, or both, shall be
imposed
upon any person who, having been elected by popular election to a
public
office, shall refuse without legal motive to be sworn in or to
discharge
the duties of said office.
Art. 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a cruel and humiliating manner.chan robles virtual law llibrary
If the purpose of the maltreatment is to extort a confession, or to
obtain
some information from the prisoner, the offender shall be punished by
prision
correccional in its minimum period, temporary special disqualification
and a fine not exceeding 500 pesos, in addition to his liability for
the
physical injuries or damage caused.
Art. 237. Prolonging performance of duties and powers. - Any public officer who shall continue to exercise the duties and powers of office, employment or commission, beyond the period provided by law, regulation or special provisions applicable to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification in its minimum period and a fine not exceeding 500 pesos.
Art. 238. 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 shall suffer the penalty of arresto mayor.
If such office shall been abandoned in order to evade the discharge of
the duties of preventing, prosecuting or punishing any of the crime
falling
within Title One, and chapter One of title Three of Book Two of this
Code,
the offender shall be punished by prision correccional in its minimum
and
medium periods, and by arresto mayor if the purpose of such abandonment
is to evade the duty of preventing, prosecuting or punishing any other
crime.
Art. 240. Usurpation of executive functions. - Any judge who shall assume any power pertaining to the executive authorities, or shall obstruct the latter in the lawful exercise of their powers; shall suffer the penalty of arresto mayor in its medium period to prision correccional in its minimum period.
Art. 241. Usurpation of judicial functions. - The penalty of arresto mayor in its medium period to prision correccional in its minimum period shall be imposed upon any officer of the executive branch of the Government who shall assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within his jurisdiction.
Art. 242. Disobeying request for disqualification. - Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto mayor and a fine not exceeding 500 pesos.
Art. 243. Orders or requests by executive officers to any judicial authority. - Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos.
Art. 224. Unlawful appointments. - Any public office who shall
knowingly
nominate or appoint to any public office any person lacking the legal
qualifications
therefor, shall suffer the penalty of arresto mayor and a fine not
exceeding
1,000 pesos. chan robles virtual law
llibrary
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