1. Concept
| Article 210. 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 maximum periods and a fine [of not less 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 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 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. (Act No. 3815, Revised Penal Code) |
a. Public officer
“Public officer” –refers to any person who, by direct provision of the law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class, for purposes of Titles 1 to 6, Book 2 of the Revised Penal Code. (Article 203, Act No. 3815, Revised Penal Code)
2. Mode of commission
a. 1st Mode
Elements of the offense:
1) The offender is a public officer;
2) He agrees to perform an act constituting a crime;
3) It is in connection with the performance of this official duties; and,
4) It is in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.
b. 2nd Mode
Elements of the offense:
1) The offender is a public officer;
2) He agrees to perform an act not constituting a crime;
3) It is in connection with the performance of this official duties;
4) It is in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another; and,
5) The officer executed said act.
c. 3rd Mode
Elements of the offense:
1) The offender is a public officer;
2) He agrees to refrain from doing something;
3) It was his official duty to do; and,
4) It is in consideration of any offer, promise, gift or present received by such officer, personally or through the mediation of another.
3. Assessors, arbitrators, appraisal and claim commissioners, etc.
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. (Last Paragraph, Article 210, Ibid.)
References
⦁ Title 7 – Crimes Committed by Public Officers, Book 2, Revised Penal Code
/Updated: December 30, 2022
