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Direct Bribery


ART. 210

Elements:
1. That the offender be a public officer;
2. That the offender accepts an offer or promise or receives a gift or
   present by himself or through another;
3. That such offer or promise be accepted or gift/present received by
   the public officer
   (Mere agreement consummates the crime and delivery of consideration is not
   necessary) -
   a. with a view to committing some crime;
   b. in consideration of an execution of an act which does not constitute a
      crime, but the act must be unjust; (contemplates an accepted gift, and
      an overt act)
   c. to refrain from doing something which is his official duty to do;
      (should not be a crime)
4. That the act which the offender agrees to perform or which he executes be
   connected with the performance of his official duties.
   (need not be a statutory duty)

NOTES:

The gift must have a value or capable of pecuniary estimation. It could be in
the form of money, property or services.

If the act required of the public officer amounts to a crime and he commits it,
he shall be liable for the penalty corresponding to the crime.

The third type of bribery and prevaricacion (art 208) are similar offenses,
both consisting of omissions to do an act required to be performed. In direct
bribery however, a gift or promise is given in consideration of the omission.
This is not necessary in prevaricacion.

Direct bribery does not absorb Art. 208 (dereliction of duty).

For purposes of this article, temporary performance of public functions is
sufficient to constitute a person a public officer. A private person may
commit this crime only in the case in which custody of prisoners is
entrusted to him.

Applicable also to assessors, arbitrators, appraisal and claim commissioners,
experts or any other person performing public duties.

This felony cannot be frustrated. It may only be attempted or consummated.

Bribery exists when the gift is:
1. voluntarily offered by a private person
2. solicited by the public officer and voluntarily delivered by the private
   person
3. solicited by the public officer but the private person delivers it out of
   fear of the consequences should the public officer perform his functions
   (Here, the crime by the giver is not corruption of public officials due
   to his involuntariness.)

Actual receipt of the gift is not necessary. An accepted offer or promise
of a gift is sufficient. However, if the offer is not accepted, only the
person offering the gift is liable for attempted corruption of a public officer.

The gift must have a value or be capable of pecuniary estimation. It could be
in the form of money, property or services.

If the act required of the public officer amounts to a crime and he commits it,
he shall be liable for the penalty corresponding to the crime.

The crime of bribery cannot be complexed with or absorbed by other crimes as
the penalty for bribery is in addition to the penalties for those other crimes.

The third type of bribery and prevaricacion (art 208) are similar offenses,
both consisting of omissions to do an act required to be performed. In direct
bribery however, a gift or promise is given in consideration of the omission.
This element is not necessary in prevaricacion.

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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