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Third Element:
1.The act which the public officer agrees to perform must be connected with the
performance of official duties
3.The fact that the act agreed to be performed is in excess of his power, jurisdiction, or
authority is no defense,
EXCEPT: if act is so foreign to duties of office as to lack even color of authority
Indirect Bribery
1.That the offender is a public officer
2.That he accepts gifts
3.That the said gifts are offered to him by reason of his office
2.In direct bribery, there is an agreement between the public officer and the giver;
in indirect bribery, usually, no such agreement exists
3.In direct bribery, the offender agrees to perform or performs an act or refrains
from doing something, because of the gift or promise; in indirect bribery, in is NOT
necessary that the officer should do any particular act or even promise to do any
act, as it is enough that he accepts gifts offered to him by reason of his office
A Mayor,
suspension in
minimum and
medium and
public censure
No attempted or
frustrated
indirect bribery
1.The gift is usually given to the public officerin anticipation of future favor from the
publicofficer
2.There must be a clear intention on the partof the public officer to take the gift
sooffered and consider the same as his ownproperty
3.Mere physical receipt unaccompanied by anyother sign, circumstance or act to show
suchacceptance is NOT sufficient to lead the courtto conclude that the crime of
indirect briberyhas been committed
4.People vs. Pamplona (pg. 361) – consideredindirect bribery even if there was a sort
ofagreement between public officer and giver;reason:the act executed by the
accusedwas NOT unjust, therefore it cannot be directbribery
211-A
Qualified
Bribery
1.That the offender is a public officer or entrusted with law
enforcement
2.That the offender refrains from arresting or prosecuting an
offender who has committed a crime punishable by RP
and/or death
3.That the offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift or
present
Penalty for
offense which
was not
prosecuted –
first paragraph
Penalty of death
– if it is the
public officer
who asks or
demands such
gift or present
/vvverga Second Semester, AY 2004-2005
Page 35 of 75
Criminal Law II Reviewer
Criminal Law II Reviewer
Vena V. Verga
212
Corruption of
Public
Officials
1.That the offender 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
Same penalties
imposed upon
officer corrupted
except
disqualification
and suspension
1.Offender in this article is the giver or offeror
2.The public officer sought to be bribed, is notcriminally liable, unless he accepts the gift
orconsents
3.Bribery is usually proved by evidence
acquired in entrapment
213
Frauds
Against the
Public
Treasury and
Similar
Offenses
Acts Punishable as Frauds Against Public Treasury:
1.By entering into any agreement with any interested party
or speculator or making use of any other scheme, to
defraud the government, in dealing with any person with
regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to
property or funds.
2.By demanding, directly or indirectly, the payment of sumsdifferent form or larger than
those authorized y law, in thecollection of taxes, licenses, fees, and other imposts.
3.By failing voluntarily to issue a receipt, as provided by law,
for any sum of money collected by him officially, in the
collection of taxes, licenses, fees, and other imposts
4.By collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of
taxes, licenses, fees, and other imposts
Elements of Frauds against Public Treasury:
1.That the offender be public officer
2.That he should have taken advantage of his office, that is,
he intervened in the transaction in his official capacity
3.That he entered into an agreement with any interested
party or speculator or made use of any other scheme with
regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to public
property or funds
4.That the accused had intent to defraud the government
Elements of Illegal Exaction:
1.The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts
2.He is guilty of acts 2, 3 and 4 (above in Acts Punishable as
Frauds Against Public Treasury)
PC medium to
PM minimum, or
a fine ranging
from P200 to
P10,000, or both
Provisions of
Administrative
Code – when
culprit is an
officer or
employee of BIR
or BOC
1.Public officer must act in his official capacity– the public officer must have the duty
todeal with any person with regard tofurnishing supplies, etc.
2.The crime of frauds against public treasury isconsummated by merely entering into
anagreement with any interested party orspeculator or by merely making use of
anyother scheme to defraud the government
3.It is not necessary that the government isactually defrauded by reason of
thetransaction.
4. It is sufficient that the government isactually defrauded by reason of thetransaction.
5.Mere demand for larger or different amount
is sufficient to consummate the crime
6.Collecting officer must issue official receipts
to be guilty of illegal exactions
7.When there is DECEIT in demanding greaterfees than those prescribed by law, the
crimecommitted is estafa and not illegal exaction.
8. Tax collector need not account for tax
collected
9.If a tax collector collected a sum larger thanthat authorized by law and spent all of
themis guilty of 2 crimes;
a.Illegal exaction, for demanding a greater
amount
b.Malversation, for misappropriating the
amount extracted
10.Officer or employee of BIR or BOC not
covered by this article
214
Other Frauds
Elements of the Crime:
1.That the offender is a public officer
2.That he takes advantage of his official position
In addition to the
penalties
prescribed in the
1.The public officer must take advantage of his
official position
2.Frauds and Deceits Enumerated in Chapter
/vvverga Second Semester, AY 2004-2005
Page 36 of 75
Criminal Law II Reviewer
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