Refusal Of Assistance
On Criminal Law
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).