Peña

Corruption of Public Officials (Art.212)

Disini v. Sandiganbayan

September 11, 2013 G.R. Nos. 169823-24 BERSAMIN, J

Syllabus Question & Answer

Public officer’s liability need not be certain

The second element of corruption of public officers simply required that the public officer to be placed
under circumstances, not absolute certainty, that would make him liable for direct or indirect bribery.

Relevant RPC Provisions, Concepts, & Doctrines

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

Elements of the Offense/Crime

1. That the offender makes offers or promises or gives gifts or presents to a public officer
2. That 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

ISSUE/S:

Did Disini commit a violation of Art 212, or corruption of public officials when he offered Marcos
shares of stock?

FACTS OF THE CASE

The Ombudsman filed two informations charging Disini in the Sandiganbayan with corruption of public
officials, penalized under Art 212 in relation to Art 210 (first criminal case/ syllabus issue), and with a
violation of RA 3019 or the Anti-Graft and Corrupt Practices Act (second case).

The accusations for the first case arose from the fact that during 1974-1986 Disini, conspiring with then
Pres. Marcos offered, promised, and gave gifts to Marcos consisting of 2.5b and 4b shares of a Mining
Corporation and Energy corporation respectively with book value of P100 per share. This was done for the
consideration of Disini seeking for Burns& Roe, and Westinghouse, the contracts to do the engineering,
architecture, and construction of the Bataan Power Plant Project.

The second case arose from Disini receiving cash from the foreign companies in exchange that Disini
ensure that he obtains the contracts in favor of them.

The Sandiganbayan denied his motion to quash thus this special civil action for certiorari arose.

RULING

The elements of corruption of public officials under Article 212 of the Revised Penal Code are:
1. That the offender makes offers or promises, or gives gifts or presents to a public officer; and
2. 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.
The first element was established as Disini offered shares of stocks to President Marcos who was a public
officer. The second element was established because President Marcos awarded the contracts to Burns &
Roe and Westinghouse by taking advantage of his position and office, in consideration of the gift of Disini.

The second element of corruption of public officers simply required that the public officer to be placed
under circumstances, not absolute certainty, that would make him liable for direct or indirect bribery. Even
without alleging that President Marcos received Disini’s gifts, an essential element in direct bribery, the
allegation that President Marcos caused the award of the contracts to Burns & Roe and Westinghouse to
place him under circumstances of being liable for direct bribery.

Other issues
There is sufficiency of the allegations of for the violation of Anti-graft and corrupt practices. Disini, being
husband of the first cousin of Imelda Marcos, and is the family physician of the Marcoses had close
personal relations with Marcos. Disini took advantage of the personal relation and received cash from
Burns & Roe, and Westinghouse, which had business with the Government in relation to the Bataan
Power Plant. Marcos, a public officer, secured the contract for Disini, and the foreign companies.