Bribery and Anti-Corruption Laws of the Philippines

2 February 2022

Revised Penal Code: Crimes Article 210. Direct bribery. - Any public officer who shall agree to perform an
Committed by Public
act constituting a crime, in connection with the performance of this official
Officers, Arts. 210-2012 duties, in consideration of any offer, promise, gift or present received by such
As amended by Batas officer, personally or through the mediation of another, shall suffer the penalty
Pambansa Blg. 871, approved of prision mayor in its medium and maximum periods and a fine of not less
May 29, 1985 than the value of the gift and not less than three times the value of the gift in
addition to the penalty corresponding to the crime agreed upon, if the same
Coverage: Bribery and shall have been committed.
Corruption of Public Officers
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 and a
fine of not less than the value of the gift and 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.

Article 211. Indirect bribery. - The penalties of prision correccional in its

medium and maximum periods, and public censure shall be imposed upon any
public officer who shall accept gifts offered to him by reason of his office.

Article 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).

Article 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.

Article 213. Frauds against the public treasury and similar offenses. - The penalty
 of prision correccional in its medium period to prision mayor in its minimum
period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed
upon any public officer who:

1. In his official capacity, in dealing with any person with regard to furnishing
supplies, the making of contracts, or the adjustment or settlement of accounts
relating to public property or funds, shall enter into an agreement with any
interested party or speculator or make use of any other scheme, to defraud the
Government;

2. Being entrusted with the collection of taxes, licenses, fees and other imposts,
shall be guilty or any of the following acts or omissions:

(a) Demanding, directly, or indirectly, the payment of sums different from or

larger than those authorized by law.

(b) Failing voluntarily to issue a receipt, as provided by law, for any sum of
money collected by him officially.

(c) Collecting or receiving, directly or indirectly, by way of payment or

otherwise things or objects of a nature different from that provided by law.

When the culprit is an officer or employee of the Bureau of Internal Revenue or

the Bureau of Customs, the provisions of the Administrative Code shall be
applied.

Article 214. Other frauds. - In addition to the penalties prescribed in the

provisions of Chapter Six, Title Ten, Book Two, of this Code, the penalty of
temporary special disqualification in its maximum period to perpetual special
disqualification shall be imposed upon any public officer who, taking advantage
of his official position, shall commit any of the frauds or deceits enumerated in
said provisions.

Article 215. Prohibited transactions. - The penalty of prision correccional in its

maximum period or a fine ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any appointive public officer who, during his incumbency, shall
directly or indirectly become interested in any transaction of exchange or
speculation within the territory subject to his jurisdiction.

Article 216. Possession of prohibited interest by a public officer. - The penalty of

arresto mayor in its medium period to prision correccional in its minimum
period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed
upon a public officer who directly or indirectly, shall become interested in any
contract or business in which it is his official duty to intervene.

These provisions is applicable to experts, arbitrators and private accountants

who, in like manner, shall take part in any contract or transaction connected
with the estate or property in appraisal, distribution or adjudication of which
they shall have acted, and to the guardians and executors with respect to the
property belonging to their wards or estate.
Republic Act No. 3019:
The Anti-Graft and Corrupt Section 3. Corrupt practices of public officers. In addition to acts or omissions of
Practices Act
public officers already penalized by existing law, the following shall constitute
Coverage: Bribery of Public corrupt practices of any public officer and are hereby declared to be unlawful:
Officials
(a) Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations duly promulgated by
competent authority or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or influenced to commit
such violation or offense.

(b) Directly or indirectly requesting or receiving any gift, present, share,

percentage, or benefit, for himself or for any other person, in connection with
any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift, present or other

pecuniary or material benefit, for himself or for another, from any person for
whom the public officer, in any manner or capacity, has secured or obtained, or
will secure or obtain, any Government permit or license, in consideration for
the help given or to be given, without prejudice to Section thirteen of this Act.

(d) Accepting or having any member of his family accept employment in a

private enterprise which has pending official business with him during the
pendency thereof 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, advantage or preference in
the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This
provision shall apply to officers and employees of offices or government
corporations charged with the grant of licenses or permits or other concessions.

(f) Neglecting or refusing, after due demand or request, 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 advantage, or for the
purpose of favoring his own interest or giving undue advantage in favor of or
discriminating against 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) Director or indirectly having financing or pecuniary interest in any

business, contract or transaction in connection with which he intervenes or
takes part in his official capacity, or 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 or act requiring the approval of a board,
panel 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, committee, panel or group.

Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.

(j) Knowingly approving or granting any license, permit, privilege or benefit in

favor of any person not qualified for or not legally entitled to such license,
permit, privilege or advantage, or of a mere representative or dummy of one
who is not so qualified or entitled.

(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 release date.

The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or
untimely release of the confidential information referred to in subparagraph
(k) of this section shall, together with the offending public officer, be punished
under Section nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting business in any
form with the Government.

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Section 4. Prohibition on private individuals. (a) It shall be unlawful for any

person having family or close personal relation with any public official to
capitalize or exploit or take advantage of such family or close personal relation
by directly or indirectly requesting or receiving any present, gift or material or
pecuniary advantage from any other person having some business, transaction,
application, request or contract with the government, in which such public
official has to intervene. Family relation shall include the spouse or relatives by
consanguinity or affinity in the third civil degree. The word "close personal
relation" shall include close personal friendship, social and fraternal
connections, and professional employment all giving rise to intimacy which
assures free access to such public officer.

(b) It shall be unlawful for any person knowingly to induce or cause any public
official to commit any of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or

for any relative, by consanguinity or affinity, within the third civil degree, of
the President of the Philippines, the Vice-President of the Philippines, the
President of the Senate, or the Speaker of the House of Representatives, to
intervene, directly or indirectly, in any business, transaction, contract or
 application with the Government: Provided, That this section shall not apply
to any person who, prior to the assumption of office of any of the above 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, nor
to 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
requisites provided by law, or rules or regulations issued pursuant to law, nor to
any act lawfully performed in an official capacity or in the exercise of a
profession.
Presidential Decree No. 46 Makes it punishable for any public official or employee, whether of the national
(Giving of Gifts on any or local governments, to receive, directly or indirectly, and for private persons
Occasion) to give, or offer to give, any gift, present or other valuable thing to any
occasion, including Christmas, when such gift, present or other valuable thing
Coverage: Prohibits Public
Officials or Employees from is given by reason of his official position, regardless of whether or not the same
Receiving Gifts and Private is for past favor or favors or the giver hopes or expects to receive a favor or
Persons from Offering the better treatment in the future from the public official or employee concerned
Same. in the discharge of his official functions. Included within the prohibition is the
throwing of parties or entertainments in honor of the official or employees or
his immediate relatives.

Republic Act No. 6713: Code SECTION 7. Prohibited Acts and Transactions. — In addition to acts and
of Conduct and Ethical omissions of public officials and employees now prescribed in the Constitution
Standards for Public Officials
and existing laws, the following shall constitute prohibited acts and
and Employees transactions of any public official and employee and are hereby declared to be
Coverage: Prohibits Public unlawful:
Officials and Employees from
accepting gifts (a) Financial and material interest. - Public officials and employees shall not,
directly or indirectly, have any financial or material interest in any transaction
requiring the approval of their office.

(b) Outside employment and other activities related thereto. - Public officials
and employees during their incumbency shall not:

(1) Own, control, manage or accept employment as officer, employee,

consultant, counsel, broker, agent, trustee or nominee in any private enterprise
regulated, supervised or licensed by their office unless expressly allowed by law;

(2) Engage in the private practice of their profession unless authorized by the
Constitution or law, provided, that such practice will not conflict or tend to
conflict with their official functions; or

(3) Recommend any person to any position in a private enterprise which has a
regular or pending official transaction with their office.

These prohibitions shall continue to apply for a period of one (1) year after
 resignation, retirement, or separation from public office, except in the case of
subparagraph (b) (2) above, but the professional concerned cannot practice his
profession in connection with any matter before the office he used to be with,
in which case the one-year prohibition shall likewise apply.

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(d) Solicitation or acceptance of gifts. — Public officials and employees shall

not solicit or accept, directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being
regulated by, or any transaction which may be affected by the functions of their
office.
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Section 9. Divestment. - A public official or employee shall avoid conflicts of

interest at all times. When a conflict of interest arises, he shall resign from his
position in any private business enterprise within thirty (30) days from his
assumption of office and/or divest himself of his shareholdings or interest
within sixty (60) days from such assumption.

The same rule shall apply where the public official or employee is a partner in a
partnership.

The requirement of divestment shall not apply to those who serve the
Government in an honorary capacity nor to laborers and casual or temporary
workers.

Republic Act No. 1379: Act Section 2. Whenever any public officer or employee has acquired during his
Declaring Forfeiture of Ill incumbency an amount of property which is manifestly out of proportion to
Gotten Wealth of Public his salary as such public officer or employee and to his other lawful income and
Officers and Employees the income from legitimately acquired property, said property shall be
Coverage: Public Officers presumed prima facie to have been unlawfully acquired.
who Acquire Property which
is Manifestly out of
Proportion to his salary
Republic Act No. 7080 as Section 1. Definition of Terms. — As used in this Act, the term –
amended by Republic Act xxx
No. 7659: An Act Defining d) “Ill-gotten wealth” means any asset, property, business enterprise or material
and Penalizing the Crime of possession of any person within the purview of Section Two (2) hereof, acquired
Plunder
by him directly or indirectly through dummies, nominees, agents,
subordinates and/or business associates by any combination or series of the
following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public
funds or raids on the public treasury;
 2) By receiving, directly or indirectly, any commission, gift, share, percentage,
kickbacks or any other form of pecuniary benefit from any person and/or
entity in connection with any government contract or project or by reason of
the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to
the National Government or any of its subdivisions, agencies or
instrumentalities or government-owned or -controlled corporations and their
subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of
stock, equity or any other form of interest or participation including the
promise of future employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other
combinations and/or implementation of decrees and orders intended to benefit
particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship,
connection or influence to unjustly enrich himself or themselves at the expense
and to the damage and prejudice of the Filipino people and the Republic of the
Philippines.

Section 2. Definition of the Crime of Plunder; Penalties. — Any public officer

who, by himself or in connivance with members of his family, relatives by
affinity or consanguinity, business associates, subordinates or other persons,
amasses, accumulates or acquires ill-gotten wealth through a combination or
series of overt or criminal acts as described in Section 1(d) hereof in the
aggregate amount or total value of at least Fifty million pesos (P50,000,000.00)
shall be guilty of the crime of plunder and shall be punished by reclusion
perpetua to death. Any person who participated with the said public officer in
the commission of an offense contributing to the crime of plunder shall
likewise be punished for such offense. In the imposition of penalties, the degree
of participation and the attendance of mitigating and extenuating
circumstances, as provided by the Revised Penal Code, shall be considered by
the court. The court shall
declare any and all ill-gotten wealth and their interests and other incomes and
assets including the properties and shares of stocks derived from the deposit or
investment thereof forfeited in favor of the State.

Republic Act No. 9160 as SEC. 3. Definitions. — For purposes of this Act, the following terms are hereby
amended by Republic Act defined as follows:
No. 10365: Anti-Money xxx
Laundering Act (i) “Unlawful activity” refers to any act or omission or series or combination
thereof involving or having relation to the following:
xxx
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as
amended, otherwise known as the Anti-Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
xxx
 (15) Bribery under Articles 210, 211 and 211-A of the Revised Penal Code, as
amended, and Corruption of Public Officers under Article 212 of the Revised
Penal Code, as amended

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SEC. 4. Money Laundering Offense. – Money laundering is committed by any

person who, knowing that any monetary instrument or property represents,
involves, or relates to the proceeds of any unlawful activity:

“(a) transacts said monetary instrument or property;

“(b) converts, transfers, disposes of, moves, acquires, possesses or uses said
monetary instrument or property;

“(c) conceals or disguises the true nature, source, location, disposition,

movement or ownership of or rights with respect to said monetary instrument
or property;

“(d) attempts or conspires to commit money laundering offenses referred to in

paragraphs (a), (b) or (c);

“(e) aids, abets, assists in or counsels the commission of the money laundering
offenses referred to in paragraphs (a), (b) or (c) above; and

“(f) performs or fails to perform any act as a result of which he facilitates the
offense of money laundering referred to in paragraphs (a), (b) or (c) above.

“Money laundering is also committed by any covered person who, knowing

that a covered or suspicious transaction is required under this Act to be reported
to the Anti-Money Laundering Council (AMLC), fails to do so.

I. Whether there are corporate liabilities (i.e liability to company or its directors and officers for
breaches by company employees), and if so whether it covers both giving and receiving of
bribes

Philippine anti-corruption laws apply only to the corruption of public officers. The act of bribing a
public officer is punishable under the Revised Penal Code – under Article 212, “Corruption of Public
Officials,” wherein the same penalties will be imposed upon the private person who had offered or
promised the bribe. It is also punishable under Republic Act 3019, wherein the law penalizes private
persons who:
1. Give gifts or benefits in connection with a government contract where the public officer has
to intervene;
2. Give gifts, or other material benefits to secure a government permit or license;
3. Offer or give a public officer or a member of his/her family, employment in a private
enterprise which has pending official business with the officer; or
 4. Urge a public officer to divulge confidential information

Under Presidential Decree 46, it is also unlawful for a private person to give gifts or valuable things on
any occasion, when the gift is given by reason of the public officer or employee’s position. Included in
this prohibition is the holding of parties or entertainment in honor of the officer or employee or of
their immediate relatives.

Further, As a general rule, there are no corporate liabilities which makes a company or its directors
liable for the criminal acts performed by its employees, unless the company or its directors induced
the crimeparticipated in the commission of the crime, whether as principal, accomplice, or an
accessory.
A Person is deemed to be a principal, where he or she: (i) takes a direct part in the execution of the act;
(ii) directly forces or induces others to commit it; or (iii) cooperates in the commission of the offense
by another act without which it would not have been accomplished. 1 A person is deemed an
accomplice when he or she, who, not being a principal, cooperate in the execution of the offense by
previous or simultaneous acts.2 On the other hand. Accessories are those who, having knowledge of
the commission of the crime, and without having participated therein, either as principals or
accomplices, take part subsequent to its commission in any of the following manners: (i) by profiting
themselves or assisting the offender to profit by the effects of the crime; (ii) by concealing or
destroying the body of the crime, or the effects or instruments thereof, in order to prevent its
discovery; or (iii) by harboring, concealing, or assisting in the escape of the principals of the crime,
provided the accessory acts with abuse of his public functions or whenever the author of the crime is
guilty of treason, parricide, murder, or an attempt to take the life of the Chief Executive, or is known
to be habitually guilty of some other crime.3
Otherwise, only the company employee who personally committed the criminal act will be liable.

Further, individual directors and officers of a corporation, who are neither principals, accomplices, or
accessories, are not liable for acts of the corporation unless it is proven that they are using the
corporate personality “to defeat public convenience, justify wrong, protect fraud, or defend crime” or
when " a corporation is merely a farce since it is a mere alter ego or business conduit of a person, or
where the corporation is so organized and controlled and its affairs are so conducted as to make it
merely an instrumentality, agency, conduit or adjunct of another corporation”,4 which applies when
the separate corporate personality is pierced.

A corporation can, however, be held civilly liable for crimes committed by their employees in the
discharge of their duties.5 The civil liability of a corporation attaches only when its employees are
convicted but are unable to satisfy the monetary component of the judgment.

II. Any noteworthy or peculiar matter that we should be aware of if there are defenses to
corporate liability provided by legislation (for instance, having policies and mechanisms in
place)
1
Article 17, Revised Penal Code.
2
Article 18, Revised Penal Code.
3
Article 19, Revised Penal Code.
4
International Academy of Management and Economics vs. Litton and Company, Inc., G.R. No. 191525,
13 December 2017.
5
Gosiaco v Ching and Casta, G.R. No. 173807, 16 April 2009.
Generally, it is only the erring individual, and not the corporation, who is liable for bribery in the
Philippines. Thus, there is a presumption that there is no corporate liability, unless proven otherwise.
It might be best, however, to establish policies, such as:

(a) Anti-bribery policies, to prevent commission of bribery by any employee, officer, director, or
representative;
(b) Whistleblowing policy, where employees who have knowledge of the above acts to immediately
report to their respective supervisors any act violating anti-bribery or conflict of interest laws;
(c) Anti-conflict of interest policy, to ensure that no conflict-of-interest provisions of the Republic
Act No. 3019 (Anti-Graft and Corrupt Practices Act), and Republic Act No. 6713 (Code of Conduct
and Ethical Standards for Public Officials and Employees) are violated.

While the above are not complete and absolute defenses against the penal provisions enumerated
above, these may be a badge of good faith on the part of the Company, and may provide mechanisms
within the Company to prevent the commission of these crimes.