Legal basis and amendments made
- Section 1 amends Article 210 and Article 211 of Act No. 3815 (the Revised Penal Code), as amended.
- The amendment increases the stated penalties applicable to direct bribery and indirect bribery under the Revised Penal Code.
Policy and purpose
- Batas Pambansa Blg. 871 is enacted to increase the penalty for the offense of bribery.
Direct bribery — Article 210
- Article 210(a) punishes any public officer who agrees to perform an act constituting a crime, in connection with the performance of official duties, in consideration of any offer, promise, gift or present received personally or through the mediation of another.
- For this form of direct bribery, Article 210(a) imposes prision mayor in its medium and maximum periods plus a fine of not less than three times the value of the gift, in addition to the penalty corresponding to the crime agreed upon, if the same has been committed.
- Article 210 provides that if the gift is accepted in consideration of the execution of an act that does not constitute a crime, and the officer executes the act, the officer suffers the same penalty as in the preceding paragraph.
- Article 210 provides that if the act contemplated in exchange for the gift is not accomplished, the officer suffers prision correccional in its medium period and a fine of not less than twice the value of such gift.
- Article 210 provides that if the object of the gift is to make the public officer refrain from doing something which it is his official duty to do, the officer suffers 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 such gift.
- Article 210 mandates special temporary disqualification in addition to the penalties in the preceding paragraphs for direct bribery.
- Article 210 extends the application of the preceding direct-bribery paragraphs to assessors, arbitrators, appraisal and claim commissioners, experts, or any other persons performing public duties.
Indirect bribery — Article 211
- Article 211(a) imposes penalties on any public officer who accepts gifts offered to him by reason of his office.
- For indirect bribery, Article 211(a) requires the imposition of prision correccional in its medium and maximum periods, suspension, and public censure.
Effect of non-compliance and additional penalties
- Article 210 imposes special temporary disqualification in addition to the imprisonment and fines for direct bribery.
- Article 211 provides for suspension and public censure for indirect bribery, in addition to prision correccional in its medium and maximum periods.
- Article 210 requires fines tied to the value of the gift, including minimum fine levels of three times the value of the gift and twice the value of the gift, depending on the specific bribery scenario.