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Disloyalty of public officers or employees, Revised Penal Code

1. Concept

Article 137. Disloyalty of public officers or employees. – The penalty of prision correccional in its minimum period shall be imposed upon public officers or employees who have failed to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them. (Act No. 3815, Revised Penal Code)

2. Modes of commission

3 modes of committing the offense:

1) Failing to resist a rebellion;

2) Continues to discharge the duties of their offices under the control of the rebels; or

3) Accepts appointment to office.

a.  Failing to resist a rebellion

Elements of the offense:

1) The offender is a public officer or employee; and

2) He fails to resist a rebellion by all the means in their power, or shall continue to discharge the duties of their offices under the control of the rebels or shall accept appointment to office under them.

b. Continues to discharge the duties of their offices under the control of the rebels

Elements of the offense:

1) The offender is a public officer or employee; and

2) He continues to discharge the duties of their offices under the control of the rebels.

c. Accepts appointment to office

Elements of the offense:

1) The offender is a public officer or employee; and

2) He accepts appointment to office under them.

References

Title 3 – Crimes Against Public Order, Book 2, Revised Penal Code

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