TITLE SEVEN

Crimes Committed by
Public Officers
Public officers

Who are public officers?

Art. 203

Requisites:
1)Taking part in the performance of public functions in the
government

performing in said government or in any of its branches public

duties as an employee, agent or subordinate official, or any rank
or class

2) His authority to take part in the performance of public functions

or to perform public duties must be –
a. By direct provision of the law;
b. By popular election; or
c. By appointment by competent
authority.
Section two bribery
 Direct bribery

1.Agreeing to perform, or performing, in

consideration of any offer, promise,
gift or present– an act constituting a
crime, in connection with the
performance of his official duties;
2.
3.
2. Accepting a gift in consideration of
the execution of an act which does not
constitute a crime, in connection with the
performance of his official duty;
CRAFT
FAIR
 Direct bribery

3. Agreeing to refrain, or by
refraining, from doing something which
it is his official duty to do, in
consideration of gift or promise.

CRAFT
FAIR
Elements:
1)That the offender be a public officer
2)
3)That the offender accepts an offer or a
promise or receives a gift or present by
himself or through another
4)

Gift is either: voluntarily offered by a private person or

solicited by a public officer
3) That such offer or promise be accepted, or gift
or present received by the public officer—
a. with a view to committing some crime; or
b. in consideration of the execution of an
act which does not constitute a crime, but
the act must be unjust; or
c. to refrain from doing something which it is
his official duty to do;
1)
2)
3)

4) That the act which the offender agrees to

perform or which he executes be connected with the
performance of his official duties.
Prevaricacion Direct Bribery

Committed by refraining from doing

something which pertains to the
official duty of the officer.

in consideration of a
gift received or
promised.
 Indirect bribery

Elements:

1. Offender is a public officer;

2. He accepts gifts;

3. The gifts are offered to

him by reason of his office.

CRAFT
FAIR
There must be clear intention on the
part of the public officer

o to take the gift offered

o consider the property as his own

for that moment.
 direct bribery
: the officer agrees to perform or
refrain from doing an act in consideration
of the gift or promise.

indirect it is not necessary that the

: bribery
officer do any act. It is sufficient that he
accepts the gift offered by reason of his
office.
On occasion including Christmas

CRAFT
FAIR
 Qualified bribery

Elements:

1.Offender is a public officer entrusted

with law enforcement;
2.
2. He refrains from arresting or
prosecuting an offender who has committed
a crime punishable by reclusion perpetua
and/or death;

CRAFT
FAIR
 Qualified bribery

3. Offender refrains from arresting or

prosecuting in consideration of any
offer, promise, gift, or present.

CRAFT
FAIR
 Qualified bribery

It is committed only by public

officers entrusted with
enforcement to arrest or prosecute

It is qualified if the public

officer is the one who asks or
demands.

CRAFT
FAIR