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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Bribery is penalized under the Revised Penal Code, with distinctions drawn between direct bribery, indirect bribery, and corruption of public officials. Each crime carries its own set of elements, reflecting different ways public trust may be compromised.
Bribery and corruption strike at the very heart of public trust in government institutions. The Revised Penal Code (RPC) of the Philippines defines and penalizes not only bribery, but also corruption of public officials. The crimes of bribery, whether direct or indirect, and corruption of public officials underscore the constitutional principle that public office is a public trust.
The crime of direct bribery as defined in Article 210 of the Revised Penal Code consists of the following elements:
- that the accused is a public officer;
- that he received directly or through another some gift or present, offer or promise;
- that such gift, present or promise has been given in consideration of his commission of some crime, or any act not constituting a crime, or to refrain from doing something which it is his official duty to do; and
- that the crime or act relates to the exercise of his functions as a public officer.
The acts constituting direct bribery are: (1) by agreeing to perform, or by performing, in consideration of any offer, promise, gift or present an act constituting a crime, in connection with the performance of his official duties; (2) by accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his official duty; or (3) by agreeing to refrain, or by refraining, from doing something which is his official duty to do, in consideration of any gift or promise. (Garcia v. Sandiganbayan, G.R. No. 155574, November 20, 2006)
On the other hand, indirect bribery is committed by a public officer who shall accept gifts offered to him by reason of his office. The essential ingredient of indirect bribery as defined in Article 211 of the Revised Penal Code is that the public officer concerned must have accepted the gift or material consideration. Indirect bribery has the following elements:
(1) the offender is a public officer;
(2) the offender accepts gifts; and
(3) the said gifts are offered to the offender by reason of his or her office. (Re: Investigation Relative to the Fake Decision in G.R. No. 211483, A.M. No. 19-03-16-SC, August 14, 2019)
The law also penalizes the corruption of public officials under Article 212 of the Revised Penal Code. This provision is intended to punish the giver of the bribe or the individual who induces corruption.
The elements of corruption of public officials under Article 212 of the Revised Penal Code are:
- That the offender makes offers or promises, or gives gifts or presents to a public officer.
- That the offers or promises are made or the gifts or presents are given to a public officer under circumstances that will make the public officer liable for direct bribery or indirect bribery. (Disini v. Sandiganbayan, G.R. No. 169823-24, September 11, 2013)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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