Unjust interlocutory order, Revised Penal Code

1. Concept

Article 206. 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 have acted by reason of inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be suspension. (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

a. 1st mode

Elements of the offense:

1) The offender is a judge; and

2) He knowingly renders an unjust interlocutory order or decree.

b. 2nd mode

Elements of the offense:

1) The offender is a judge; and,

2) He acted by reason of inexcusable negligence or ignorance; and,

3) The interlocutory order or decree be manifestly unjust.

References

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

/Updated: December 30, 2022
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