Qualified bribery

- Not included in the original provisions of RPC

- December 1993

How committed?

- Offender is a law enforcement agent (police officer, nbi agent)

- In consideration of a gift or present, would allow a person whom he arrested to escape
- Crime of the person arrested committed a crime punishable by reclusion perpetua or death

Penalty could be higher in qualified bribery if it is the arresting officer who has demanded a bribe to the person arrested
of a crime punishable by reclusion perpetua

INDIRECT BRIBERY

How committed?

1. Any public officer or employee who accepts a gift by reason of office

Direct vs indirect bribery?

1. In both, offender must be public officer or employee

2. In both, offender may have received a gift or present
3. In direct bribery? Offender has accepted
4. In direct, there must be an agreement between the briber and bribe by which money was given as consideration
for performance of act or non performance of an act
5. In indirect, there must not be an agreement between the briber and the bribe. What is punished is the act of
receiving a gift by reason of office

By reason of office??

- To be interpreted to the viewpoint of the giver

- If person who has given the public officer a present in anticipation of a future favor and the officer has accepted
the gift
- If intention of giver is to corrupt public official

ART 212 – Corruption of public official

- Person who may have given bribe to officer or public employee

- Offender may be any person
Is it difficult to prosecute direct bribery?

1. Yes.
2. Bribery does not take place in public
3. There are only two persons involved, the briber and bribee

How are they caught?

1. Entrapment

ART 213

- Liabilities of employees of BIR who would fail or refuse to issue official receipt for any amount they received
from taxpaper

CRIMES COMMITTED BY PUBLIC OFFICER OR EMPLOYEE

MALVERSATION OF PUBLIC FUNDS OR PROPERTY

2 classification of Malversation as a felony

1. Intentional malversation – committed by public officer or employee who takes appropriate or misappropriate
public funds or property
2. Malversation through negligence – committed by an accountable public officer or employee who through
negligence allow another person to take public funds or property

Similar in both?

1. Both are public officer or employee

2. In both, there is taking, or misappropriation of public funds or property
3. Both have the same penalty

Distinction of both?

1. In intentional malversation, same is intentional. Good faith is a valid defense

2. Malversation through negligence, good faith is not a valid defense. What is punished is the Negligence itself

Accountable public officer?

- The nature of his position not the designation

What are subjects of malversation?

- Only public funds or public properties are subjects for malversation