Article 233. Refusal of Assistance 1. Offender is a public officer; 2. A competent authority demands from the offender that he lend his cooperation towards the administration of justice or other public service; 3. Offender fails to do so maliciously. Any public officer who, upon being requested to render public assistance within his official duty to render and he refuses to render the same when it is necessary in the administration of justice or for public service, may be prosecuted for refusal of assistance.
E l m e r P . B r a b a n t e C R I M I N A L L A W R E V I E W f o r t h e 2 0 1 1 B a r E x a m s Page 169 This is a crime, which a policeman may commit when, being subpoenaed to appear in court in connection with a crime investigated by him but because of some arrangement with the offenders, the policeman does not appear in court anymore to testify against the offenders. He tried to assail the subpoena so that ultimately the case would be dismissed. It was already held that the policeman could be prosecuted under this crime of refusal of assistance and not that of dereliction of duty. Illustration: A government physician, who had been subpoenaed to appear in court to testify in connection with physical injury cases or cases involving human lives, does not want to appear in court to testify. He may be charged for refusal of assistance. As long as they have been properly notified by subpoena and they disobeyed the subpoena, they can be charged always if it can be shown that they are deliberately refusing to appear in court. It is not always a case or in connection with the appearance in court that this crime may be committed. Any refusal by the public officer to render assistance when demanded by competent public authority, as long as the assistance requested from them is within their duty to render and that assistance is needed for public service, the public officers who are refusing deliberately may be charged with refusal of assistance. Note that the request must come from one public officer to another. Illustration: A fireman was asked by a private person for services but was refused by the former for lack of ―consideration‖. It was held that the crime is not refusal of assistance because the request did not come from a public authority. But if the fireman was ordered by the authority to put out the fire and he refused, the crime is refusal of assistance. If he receives consideration therefore, bribery is committed. But mere demand will fall under the prohibition under the provision of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act). Article 234. Refusal to Discharge Elective Office Elements 1. Offender is elected by popular election to a public office; 2. He refuses to be sworn in or to discharge the duties of said office; 3. There is no legal motive for such refusal to be sworn in or to discharge the duties of said office.
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- Fall '16
- Law, criminal law, Criminal Law Review, elmer p. brabante