Corruption in the government is a dastardly act. This is one of the primary reasons that places a country into regression, if not chaos. This halts growth. More importantly, corruption in the government directly affects the lives of every citizen, most especially those persons who are living below the poverty line.
Many of us, still, want corruption even to its root level be eradicated. However, being ingrained in the system, we will have a hard time doing so. Yet, we should not lose hope. Education and practice of moral principles may be the initial steps.
In this discussion, we will talk mainly about the felony of Direct Bribery. This is one form of corruption acts in the government. What is direct bribery? The person or public officer directly liable for this crime is the one receiving the consideration for the performance of certain public duties or omission thereof.
On the other hand, the one giving the consideration is the individual corrupting the said public officer. The former will be liable, instead, of the criminal offense of Corruption of Public Official, defined and penalized under Article 212 of the Revised Penal Code.
What is Direct Bribery?
Direct bribery under Article 210 of the Revised Penal Code may be committed by a public officer in three ways. First is by agreeing to perform, or by performing, an act which constitutes a crime in connection with the performance of his official duties for a consideration of any offer, promise, gift, or present.
Second is by accepting a gift in consideration for the performance of an act in connection with his official duties but which does not constitute a crime.
Third is by agreeing to refrain, or by actually refraining, from doing an act which is his official duty to do, in consideration of an offer, promise, gift or present.
Direct Bribery Cases
The Supreme Court, in the case of People vs Lammawin, Jr., et al., found the accused guilty beyond reasonable doubt for the crime of bribery and violation of Section 3(b) of Republic Act No. 3019. The Court enumerated and discussed the essential elements of direct bribery in relation to the said case in this wise:
In the present case, accused Mayor Camilo’s release of the checks for the funding of the project is not an act that constitutes a crime. It became unjust when the P400,000.00 and P120,000.00 were received by accused from Susana in consideration of the release of the said checks. Also, as Mayor, accused Camilo was the approving authority for the release of the check, which act was, indeed, connected with the performance of his official duties.
Elements Of Direct Bribery
In the case of Balderama vs. People (G.R. Nos. 147578-85), the Supreme Court enumerated the elements of the crime of direct bribery as defined in Article 210 of the Revised Penal Code, to wit:
- 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 is his official duty to do; and
- That the crime or act relates to the exercise of his functions as a public officer.
First element: That the offender is a public officer. Likewise, it is undisputed that accused Camilo was the former Mayor of the Municipality of Tabuk, and as earlier established, accused Salud is Camilo’s wife who conspired with him to extort money from Susana.
Second element: That the offender accepts an offer or promise or receives a gift or present by himself or through another. Verily, as discussed earlier, the fact of receipt of the subject deposits by the accused was sufficiently established by the prosecution, and the entitlement to said deposits was not justified by the accused. Hence, the second element of direct bribery is present – that the offender receives a gift or present by himself.
Third and fourth elements: That such offer or promise be accepted or gift or present be received by the public officer with a view to committing some crime, or in consideration of the execution of an act which does not constitute a crime but the act must be unjust, or to refrain from doing something which it is his official duty to do; and that the act which the offender agrees to perform or which he executes is connected with the performance of his official duties.
Philippine Law Penalizing Direct Bribery | The Revised Penal Code
Art. 210. Direct bribery. — Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of this 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 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 prison mayor in its minimum period and a fine 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, May 29, 1985)
Direct Bribery Vs. Indirect Bribery
Under both the crimes of direct bribery and indirect bribery, the offender is a public officer who receives a gift. However, said crimes can be distinguished as to the existence of an agreement between the giver and the public officer, and as to the objective of the giver or offeror in giving or offering a gift, present, or promise to the public officer.
As to the existence of an agreement between the giver and the public officer, in the crime of direct bribery, there is a meeting of the minds or an agreement between the public officer and the giver of the gift or present. On the other hand, in the crime of indirect bribery, there is no agreement between the public officer and the giver of the gift or present.
As to the objective or purpose of the giver or offeror in giving or offering a gift, present, or promise to the public officer, in direct bribery, the objective is to influence the public officer to commit the punishable acts under Article 210 of the RPC. On the other hand, in indirect bribery, there is no such objective to commit a crime. The gift is given to the public officer merely in expectancy for a future favor.
How Is Bribery Punished Under Philippine Law?
In the Philippines, there are laws that penalize the corrupt acts or practices of public officers and any individual. Moreover, they also prohibit the giving of gifts, presents, or offering promises to public officers under certain circumstances.
Article 210, 211, 211-A, and 212 of the Revised Penal Code stipulate the penalty for unlawful acts or omissions of any public officer and any private individual who are liable for direct bribery, indirect bribery, qualified bribery, and corruption of public officials, respectively.
Furthermore, Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act provides the unlawful acts or omissions of public officers which constitute corrupt practices, in addition to those unlawful acts or omissions penalized under the Revised Penal Code. This Act incorporates the penalties for violations.
What are the Penalties For Bribery?
The penalties for bribery are as follows:
Direct Bribery
Commission of which is 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
- Prision mayor in its medium and maximum periods
- Fine of not less than three times the value of the gift
- The penalty corresponding to the crime agreed upon, if the crime shall have been committed
Accepting a gift in consideration of the execution of an act which does not constitute a crime, in connection with the performance of his officials duty
If the public officer executed the act:
- Prision mayor in its medium and maximum periods
- Fine of not less than three times the value of the gift
- The penalty corresponding to the crime agreed upon, if the crime shall have been committed
If the act was not accomplished:
- Prisión correccional in its medium period
- Fine of not less than two times the value of the gift
Agreeing to refrain, or by refraining, from doing something which it is his official duty to do, in consideration of a gift or promise
- Prisión correccional in its maximum period to Prision mayor in its minimum period
- Fine of not less than three times the value of the gift
Indirect Bribery
- Prision correccional in its medium and maximum periods
- Suspension
- Public censure
Qualified Bribery
- Penalty for the offense which was not prosecuted