On
Refusal of Assistance
Refusal Of Assistance

Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period to prision correccional in its minimum period, perpetual special disqualification and a fine not exceeding Two hundred thousand pesos (P200,000), shall be imposed upon a public officer who. upon demand from competent authority, shall fail to lend his cooperation towards the administration of justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party: otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding One hundred thousand pesos (P 100,000) shall be imposed.


This is a felony punishable under the Revised Penal Code.

To become liable, the following element must be present:

1. The 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. The 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.
  • The demand must be from a 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).