REVISED PENAL CODE

Book 2
Title 7
Chapter 2
Section 2
ARTICLES 210 -212
BRIBERY

ART. 210. Direct bribery. - Any public officer who shall agree to perform an act constituting a
crime, in connection with the performance of his official duties, in consideration of any offer, promise,
gift or present received by such officer, personally or through the mediation of another, shall suffer the
penalty of prision mayor in its medium and minimum periods and a fine of not less than three times the
value of the gift, in addition to the penalty corresponding to the crime agreed upon, if the same shall
have been committed.

If the gift was accepted by the officer in consideration of the execution of an act which does not
constitute a crime, and the officer executed said act, he shall suffer the same penalty provided in the
preceding paragraph; and if said act shall not have been accomplished, the officer shall suffer the
penalties of prision correccional in its medium period and a fine of not less than twice the value of
such gift.

If the object for which the gift was received or promised was to make the public officer refrain
from doing something which it was his official duty to do, he shall suffer the penalties of prision
correccional in its maximum period to prision mayor in its minimum period and a fine of not less than
three times the value of such gift.

In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the
penalty of special temporary disqualification.

The provisions contained in the preceding paragraphs shall be made applicable to assessors,
arbitrators, appraisal and claim commissioners, experts or any other persons performing public duties.
(As amended by B.P. Blg. 871, approved May 29, 1985.)

ART. 211. Indirect bribery.-The penalties of prision correccional in its medium and maximum
periods, suspension and public censure shall be imposed upon any public officer who shall accept gifts
offered to him by reason of his office. (As amended by BP Blg. 871, approved May 29, 1985.)

ART. 211-A. Qualified bribery.- If any public officer is entrusted with law enforcement and he
refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion
perpetua and/or death in consideration of any offer, promise, gift or present, he shall suffer the penalty
for the offense which was not prosecuted.

If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of
death. (As added by Sec. 4, RA No. 7659).

ART. 212. Corruption of public officials.-The same penalties imposed upon the officer
corrupted, except those of disqualification and suspension, shall be imposed upon any person who shall
have made the offers or promises or given the gifts or presents as described in the preceding articles.

BRIBERY

1. Art 210 - DIRECT BRIBERY

a. PERSON LIABLE:
1) public officers or
2) Assessors, arbitrators, appraisal and claim commissioners, expert or
any other person performing public duties.

b. KINDS:
1) agreeing to perform or performing an act pertaining to the duties of
his office which constitutes a crime;
2) accepting a gift in consideration of the execution of an act which
does not constitute a crime; the ACT, while not a CRIME,
MUST be UNJUST.
3) abstaining from the performance of official duties

c. essential element - the acts which the offender agrees to perform MUST
BE CONNECTED with the PERFORMANCE of OFFICIAL DUTIES
 All these refer to AGREEMENTS, ie., it is sufficient that the public
officer AGREED to perform the act. The act need not actually be committed,
nor the gift received EXCEPT in par. 92) - accepting a gift where the act DOES
NOT CONSTITUTE a CRIME.

C. ESTAFA v. BRIBERY - the act agreed upon to be performed must pertain to the
discharge of official duties, otherwise ESTAFA and not BRIBERY will be committed,
because in the case of estafa, one DECEIVED another that he HAD AUTHORITY to
DO ACTS which he in fact did not have.

D. IS THERE ATTEMPTED or FRUSTRATED BRIBERY of PUBLIC OFFICIALS - As a

rule, there may be ATTEMPTED, but not FRUSTRATED BRIBERY.

There may be ATTEMPTED BRIBERY if the public officer demands a bribe in

consideration of performing an act, which proposition is NOT ACCEPTED.

A (dubious?) decision of the SC of Spain held that there may be frustrated corruption
IF the OFFENDER ALREADY HANDED the MONEY and but the money was returned.
THE PHILIPPINE COURT of APPEALS, however, held in Pp v. ELAGO that bribery
and corruption of public officials "ARE NOT SUBJECT to FRUSTRATION for the
reason that if the corruption is accomplished, the crime is consummated, otherwise, IT
IS NOTHING MORE THAN A MERE ATTEMPT"

2. BRIBERY v. ROBBERY

In bribery, the person arrested HAS COMMITTED a CRIME and HE IS

THREATENED to GIVE MONEY so as not be prosecuted. It is robbery if the
person arrested HAS NOT COMMITTED CRIME.

In bribery, the transaction is generally MUTUAL and VOLUNTARY in

ROBBERY the transaction is neither MUTUAL nor VOLUNTARY but
CONSUMMATED by the use of force or intimidation.

2. INDIRECT BRIBERY - Art 211

ELEMENTS:
a) offender is a PUBLIC OFFICER
b) HE ACCEPTS GIFTS
c) GIFTS are OFFERED to HIM by REASON of HIS OFFICE- not as a
consideration of any specific act to be performed, but usually in
anticipation of the need for a favor in the future.

DIRECT BRIBERY v. INDIRECT BRIBERY-

a) In INDIRECT BRIBERY, a gift is received; is DIRECT BRIBERY, a promise

of a gift is usually sufficient.
b) In DIRECT BRIBERY, there is AGREEMENT between the public officer and
the one offering a bribe; in INDIRECT BRIBERY, no agreement usually
exists
c) In DIRECT BRIBERY, the offender agrees to perform or performs specific
acts or refrains from doing so; in INDIRECT BRIBERY, it is not necessary
that there is a particular act or promise to do or act referred to as it is
enough that the gifts are accepted BY REASON of HIS OFFICE.

+ Note PD 46- the Christmas gift rule - PD 46 makes it UNLAWFUL for public
officer to receive, and for private persons to give, gifts EVEN DURING
CHRISTMAS or OTHER OCCASSIONS, IF SUCH gifts are given by REASON
of PUBLIC OFFICE. The tendering of parties in the honor of public officials is
also prohibited.

3. CORRUPTION of PUBLIC OFFICERS - Art 212

ELEMENTS:
a. The offender makes OFFERS or PROMISES or gives GIFT or PRESENTS
to a public officer;
b. The offers or promises are made or the gifts or presents given to a PUBLIC
OFFICER, under circumstances that will make the public officer liable for
direct bribery or indirect bribery.

+Art 212 punishes the person who made the offer or promise or gave the gift,
 EVEN IF THE GIFT WAS DEMANDED by the PUBLIC OFFICER and the offer
WAS NOT MADE VOLUNTARILY prior to the said demand by the public officer.

+Note PD 749- IMMUNITY from PROSECUTION to GIVERS of BRIBES and

OTHER GIFTS and to THEIR ACCOMPLICES in BRIBERY and OTHER
GRAFT CASES against PUBLIC OFFICERS.

Any person who voluntarily gives information about any violation of Acts 210, 211 and
212 and other laws, rules and regulations pushing acts of graft , corruption, and other
forms of official abuse; AND who willingly testifies against any public official or
employee for such violation shall be exempt from prosecution or punishment for the
offense with reference to which his information and testimony were given, and may
plead or prove the giving of such information and testimony in bar of such prosecution;
notwithstanding that he offered or gave the bribe or gift, or is an accomplice for such
and PROVIDED FINALLY, that the following conditions concur;

1) THE INFORMATION must refer to CONSUMMATED violations of the

above-mentioned provisions of law, rules and regulations;
2) THE INFORMATION and TESTIMONY are NECESSARY for the conviction
of the accused public officer;
3) Such information and testimony are not yet in the possession of the state;
4) Such information and testimony can be corroborated on its material points;
5) The INFORMANT or WITNESS has not been previously convicted of a
crime involving moral turpitude.

The immunity granted hereunder shall not attach should it turn out subsequently that
the information and/or testimony is false and malicious or made only for the purpose of
harassing, molesting or in any way prejudicing the public officer denounced. If such a
case, the public officer so denounced shall be entitled to an action, civil or criminal
against said informant or witness.

4. ANTI GRAFT and CORRUPT PRACTICE ACT (RA 309)

A. Corrupt practices of public officers punished in the Act are in addition to the
offenses to which public officers are liable under existing laws.

B. PROHIBITED ACTS under RA 3091 may basically be divided into 2: corrupt

practices of public officers and PARTICULAR prohibitions.

(1) Corrupt practices of public officers:

a. Persuading or inducing another public officer to perform an act

constituting a violation of the rules and regulations issued by
competent authorities or an offense in connection with the latter's
official duties or allowing himself to be persuaded or induced to
commit such violation or offense.
b. Directly or indirectly requesting or receiving any gift or benefit in
connection with any contract or transaction between the government
and another party, wherein the public officer in his official capacity
has to intervene under the law.
c. Directly or indirectly requesting or receiving any gift or pecuniary or
material benefit, for himself or for another, from any person for
whom the public officer has secured or obtained or will secure or
obtain any government permit or license, in consideration for the
help given or to be given.
d. Accepting or having any member of his family accept employment in
a private enterprise which has pending official business with him
during its pendency or within one year after its termination.

e. Causing any undue injury to any party, including the government or

giving any private party any unwarranted benefits, or preference in
the discharge of his administrative or judicial functions thru manifest
partiality, evident bad faith or gross inexcusable negligence, and this
applies also to officers and employees of offices or government
corporations with the grant of licenses or permits or other
concessions.

f. Neglecting or refusing after due demand, without sufficient

justification, to act within a reasonable time on any matter pending
before him for the purpose of obtaining directly or indirectly, from any
person interested in the matter some pecuniary or material benefit,
or to favor his own interest, or discriminating in favor of any other
interested party.
 g. Entering on behalf of the government, into any contract or
transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.
h. Directly or indirectly having any financial or pecuniary interest in
any business, contract or transaction in which he is prohibited by
the Constitution or by any law from having any interest.
i. Directly or indirectly becoming interested, for personal gain, or having
a material interest in any transaction requiring the approval of a
board or group of which he is a member and which exercises
discretion in such approval even if he votes against the same or
does not participate in the action of the board or group. Interest
for personal gain shall be presumed against a public officer
responsible for the approval of manifestly unlawful, inequitable, or
irregular transactions by the board or group.
j. Knowingly approving any license or privilege in favor of a person not
qualified or legally entitled to such license or; privilege.
k. Divulging valuable information of a confidential character acquired
by his office or by him on account of his official position to
unauthorized persons or releasing such information in advance of its
authorized released date.

The person giving the gift in subparagraphs (b) and (c) or offering to
give the gift in subparagraph (d) or urging the divulging of the
confidential information in subparagraph (k) together with the public
officer is punished under Section 9 of the Act and shall be permanently
or temporarily disqualified in the discretion of the Court to transact
business in any form with the government.

(2) Prohibitions on:

a. Private individuals
1) If he has family or close relation with any public officer to capitalize
or exploit or take advantage of such family or close personal
relation by directly or indirectly requesting or receiving any gift or
material advantage from any other person having some business or
transaction with the government in which the public official has to
intervene. Family relation includes the spouse or relative by
consanguinity or affinity in the civil degree. Close personal relation
includes close personal friendship, social or fraternal connections
and professional employment giving rise to intimacy which assures
free access to the public officer.
2) if he knowingly induces any public officer to commit any of the
offenses defined in Sec. 3 of the Act. (Sec. 4)

b. Relatives of the President, the Premier and Presiding officers of the

National Assembly.

It is unlawful for the spouse, or any relative by consanguinity or affinity

within the third civil degree of said officers to intervene, directly or indirectly,
in any transaction or business with the government. ( Sec. 5)

c. Members of the National Assembly

1) it is unlawful for a member of the National Assembly during the
term for which he has been elected to acquire or receive any
personal pecuniary interest in any specific business enterprise which
will be particularly favored by any law or resolution authored by him
previously approved or adopted by the National Assembly during the
said term. This provision also applies to any other public officer who
recommended.

The initiation in the National Assembly of the enactment of the law or

adoption of the resolution and acquires any such interest during his
incumbency.
2) It is unlawful for such member of the National Assembly or other
public officer who having such interest prior to the approval of such
law or resolution authored or recommended by him continues for 30
days after such approval to retain such interest. (Sec. 6)

P.S. Note: IT IS KNOWN whether or not the prohibition are affected by the
NEW CONSTITUTION.
C. SOME NOTES on the ANTI-GRAFT and CORRUPT PRACTICES ACT.

1) All offenses punishable under RA 3091 prescribe in 15 years.

2) EXCEPTIONS to the APPLICATION of the ACT

a) EXCEPTION to Sec. 5 - prohibition against relatives of the
President, etc. - this does not apply to
(1) Any person who, prior to the assumption of the office of any
of those officials to whom he is related, has been already
dealing with the Government along the same line of
business, nor to any transaction, contract or application
already existing or pending at the time of such assumption
of public office;
(2) Any application filed by him the approval of which is not
discretionary on the part of the official or officials concerned
but depends upon compliance with the requisites provided
by law, or rules or regulations issued pursuant to law.
(3) Any act lawfully performed in an official capacity or in the
exercise of a profession.
b) According to Sec. 14 of the Anti-Graft and Corrupt Practices Act,
GIVING or RECEIPT of UNSOLICITED GIFTS of small or
insignificant value offered or given as a mere token of gratitude or
friendship according to local custom or usage shall not be
punishable. NOTED PD 46 , the CHRISTMAS GIFT prohibition,
however.
3) The re-election of a public official does not bar prosecution
for crimes committed prior thereto by said official. The re-election does not
condone previous criminal acts of an elected official punishable under the
ANTI-GRAFT and CORRUPT PRACTICES ACT. The cases of Pascual v.
Provincial Board of Nueva Ecija and Lizares v. Hechanova which hold that a
re-elected public official is no longer amenable to administrative sanctions
for acts committed during his former tenure does not apply to criminal
prosecutions UNDER A SPECIAL STATUTE which is RA 3019.
4) IN RELATION to RA 3019, take note also of RA 1379 which PROVIDES for
the PROCEEDING REGARDING the FORFEITURE in favor of the STATE
of any property found to have been unlawfully acquired by any public officer
or employee.
1. if the public officer has acquired during his encumbency an amount
of property manifestly out of proportion to his salary and to his other
lawful income, said property is presumed prima facie to have been
unlawfully acquired.
2. A taxpayer may file the complaint before the city or provincial fiscal
who shall conduct a previous inquiry similar to preliminary
investigations in criminal cases. The FISCAL shall make a
certification to the Solicitor General if there is reasonable ground to
believe that a violation of this act has been committed and the
respondent is probably guilty therefor.
3. The Solicitor General then on behalf of the Republic of the
Philippines shall file in the Court of First instance of the city or
province where said public officer resides or hold office a petition
for a writ commanding said public officer to show cause why the
property aforesaid should not be declared property of the State.
Such petition shall not be filed within one year before any general
election or within three months before any special election.

a. The resignation, dismissal or separation of the public officer

from his office shall not be a bar to the filing of the petition.
b. Right to file prescribes after 4 years from date of resignation,
dismissal or separation or expiration of the term of the officer.
4. In the hearing, which may be open to the public, the officer shall be given
ample opportunity to explain how he acquired the property in question.

5. If the explanation is not satisfactory to the Court, judgment is to be

rendered declaring such property forfeited in favor of the State and in
addition the case may be referred to the Executive Department for
administrative or criminal action or both.

No judgment shall be rendered within 6 months before any general election or

within 3 months before any special election.

6. The Solicitor General may grant immunity from criminal prosecution to any
person who testifies to the unlawful manner respondent has acquired said
property.