Refusal Of Assistance

Refusal of Assistance
Refusal Of Assistance

This is a felony punishable under the Revised Penal Code.

To become liable, the following element must be present:

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

  • The request must come from one public officer to another.

  • Damage to the public interest or third party is essential.

  • Demand is necessary.

  • Demand must be from competent authority.

  • 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).


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