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Prohibited transactions, Revised Penal Code

1. Concept

Article 215. The penalty of prision correccional in its maximum 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. (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 an appointive public officer;

2) He directly or indirectly becomes interested in any transaction of exchange or speculation within the territory subject to his jurisdiction; and

3) He commits such acts during his incumbency.

References

⦁ Title 7 – Crimes Committed by Public Officers, Book 2, Revised Penal Code

/Updated: December 30, 2022
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