1. UNDERSTANDING CRIMINAL AND CIVIL LIABILITIES OF PUBLIC OFFICERS
Atty. REX R. ROJAS
Office of the Ombudsman

2. OVERVIEW Concept of a Public Officer Three-fold Liability Rule
Administrative
Civil
Criminal
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.)

3. Civil Liability
Art. 19 to 22, Civil Code
Laws on Torts and Damages
IV. Criminal Liability

4. 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)

5. 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

6. 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

7. Exercised for a time being. For the benefit of the public.
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.

8. 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.

9. Threefold Liability Rule
Basic Principle:
“The violation or wrongful act of a PO may give rise to CIVIL, CRIMINAL and/or ADMINISTRATIVE liabilities.”

10. II. 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.

11. Indirect Bribery (Art. 211, RPC)
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
In DB, there is an agreement; in IB usually no agreement.
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)

12. Qualified Bribery (Art. 211-A)
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

13. Malversation of Public Funds or Property (Art. 217, RPC)
II. Title VII, RPC (Crimes Committed by PO) Selected Crimes
Malversation of Public Funds 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:
By appropriating public funds or property;
By taking or misappropriating the same;

14. 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.

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

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

17. Failure to Deliver Public Funds or Property (Art. 221, RPC)
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.

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