1. Concept
| Article 213. 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. (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
Elements of the offense:
1) The offender is a public officer;
2) He commits any of these acts:
a) 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, he enters into an agreement with any interested party or speculator or make use of any other scheme, to defraud the Government;
b) Being entrusted with the collection of taxes, licenses, fees and other imposts, he is guilty of any of the following acts or omissions:
i) Demanding, directly, or indirectly, the payment of sums different from or larger than those authorized by law.
ii) Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially.
iii) Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a nature different from that provided by law.
3. BIR Officer/Employee
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. (Paragraph 2, Article 213, Ibid.)
References
⦁ Title 7 – Crimes Committed by Public Officers, Book 2, Revised Penal Code
/Updated: December 30, 2022
