ART.212 Corruption of Public Officials


ELEMENTS:
1. That the offender makes offers or promises or gives gifts or presents to a public officer; and
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.

The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished.

Bribery is usually proved by evidence acquired in entrapment.

Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution if they voluntarily give any information about any commission of direct, indirect, and qualified bribery, and any corruption of public officials, provided that:
1. The information must refer to consummated violations of any of the above-mentioned provisions of law, rules and regulations
2. Information and testimony are necessary for the conviction of the accused public officer, not in possession of the State, and can be corroborated on its material points
3. Informant or witness has not been previously convicted of a crime involving moral turpitude
4. Immunity shall not attach should the information and/or testimony is false and malicious or made only for the purpose of harassing, molesting or in any way prejudicing the public officer denounced

The following are the SPECIAL LAWS related to the prosecution and punishment of GRAFT and CORRUPTION:
1. PRESIDENTIAL DECREE NO. 749
2. RA NO. 3019 (ANTI-GRAFT AND CORRUPT PRACTICES ACT)
3. RA NO. 7080 (ANTI-PLUNDER ACT)
5. PRESIDENTIAL DECREE NO. 46
6. RA 6713: CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES