1. Concept
| Article 235. 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. |
| 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. (Act No. 3815, Revised Penal Code) |
a. Public officer
“Public officer” –refers to any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, for purposes of Titles 1 to 6, Book 2 of the Revised Penal Code. (Article 203, Act No. 3815, Revised Penal Code)
2. Mode of commission
Elements of the offense:
1) The offender is a public officer or employee;
2) He overdoes himself in the correction or handling of a prisoner or detention prisoner under his charge:
a) By the imposition of punishment not authorized by the regulations; or
b) By inflicting such punishment in a cruel and humiliating manner.
References
⦁ Title 7 – Crimes Committed by Public Officers, Book 2, Revised Penal Code
/Updated: December 30, 2022
