On

ART.238

ELEMENTS:
1. That the offender is a public officer;
2. That he formally resigns from his position;
3. That his resignation has not yet been accepted; and
4. That he abandons his office to the detriment of the
    public service.


There must be formal or written resignation.

For the resignation to be formal, it has to be in
written form.

The offense is qualified when the purpose of the
abandonment is to evade the discharge of duties of
preventing, prosecuting, punishing any of the crimes
falling within Title One and Chapter One of Title Three of
book two of the RPC. In this case,  the penalty is higher.
This involves the following crimes:
a. treason
b. conspiracy and proposal to commit conspiracy
c. misprision of treason
d. espionage
e. inciting to war or giving motives to reprisals
f. violation of neutrality
g. correspondence with hostile country
h. flight to enemy country
i. piracy and mutiny on the high seas
j. rebellion
k. conspiracy and proposal to commit rebellion
l. disloyalty to public officers
m. inciting to rebellion
n. sedition
o. conspiracy to commit sedition
p. inciting to sedition



abandonment of office or position




abandonment of office or position