Article 244. Unlawful Appointments
On Criminal Law
Article 244. Unlawful appointments. - Any public officer who shall knowingly nominate or appoint to any public office any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding Two hundred thousand pesos (P200,000).
ELEMENTS:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualification therefor; and
4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.
Recommending, knowing that the person recommended is not qualified, is not a crime.
There must be a law providing for the qualifications of a person to be nominated or appointed to a public office.
This can also be covered by RA 3019.
ELEMENTS:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public office;
3. That such person lacks the legal qualification therefor; and
4. That the offender knows that his nominee or appointee lacks the qualification at the time he made the nomination or appointment.
Recommending, knowing that the person recommended is not qualified, is not a crime.
There must be a law providing for the qualifications of a person to be nominated or appointed to a public office.
This can also be covered by RA 3019.
Bigwas
Bigwas blog about Criminal law and Procedure, Criminology and Crimes, Philippine Banking and Finance, Insurance and Investment.