Monday, February 06, 2006


Damage caused to the public is a requisite for the crime of ICPR. The custody must be one conferred by law, and not just a temporary or transient custody.

Where the infidelity consists of destroying, concealing, or removing public document on where it should be, crime of infidelity will be incurred when damage is caused to the public interest involved in the document. Where however the infidelity consists of opening sealed documents or closed documents, even without material damage, the crime shall be incurred by the custodian. The implication is that: WHEN a document before being entrusted to the custodian was sealed or enclosed, the custodian should not allow anyone to discover what the document contains. So if the seal of the closed document or the envelope thereof has been opened, indication that somebody learned of the content of the document, that will be enough to constitute infidelity on the part of the custodian. So damage is not necessary to be proved anymore.

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