Question & AnswerQ&A (BATAS PAMBANSA BLG. 871)
The main purpose of Batas Pambansa Blg. 871 is to amend Articles 210 and 211 of the Revised Penal Code to increase the penalties for the offense of bribery committed by public officers.
Direct bribery under Article 210 occurs when a public officer agrees to perform an act constituting a crime in connection with their official duties in consideration of any offer, promise, gift, or present received personally or through another.
The penalty is prision mayor in its medium and maximum periods and a fine of not less than three times the value of the gift, plus the penalty corresponding to the crime agreed upon if it was committed.
If the officer executed the act, the penalty is the same as for direct bribery involving a crime. If the act was not accomplished, the officer suffers prision correccional in its medium period and a fine of not less than twice the value of the gift.
The officer shall suffer prision correccional in its maximum period to prision mayor in its minimum period and a fine of not less than three times the value of the gift.
They shall suffer the penalty of special temporary disqualification.
The provisions also apply to assessors, arbitrators, appraisal and claim commissioners, experts, or any other persons performing public duties.
Indirect bribery occurs when a public officer accepts gifts offered to him by reason of his office.
Penalties include prision correccional in its medium and maximum periods, suspension, and public censure.
The law took effect upon its approval on May 29, 1985.