Beruflich Dokumente
Kultur Dokumente
Sec. 2. Definition of the Crime of Plunder; Penalties. - Any public officer who, by
himself or in connivance with members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt
criminal acts as described in Section 1 (d) hereof in the aggregate amount or total
value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to death. Any person who
participated with the said public officer in the commission of an offense contributing
to the crime of plunder shall likewise be punished for such offense. In the imposition
of penalties, the degree of participation and the attendance of mitigating and
extenuating circumstances, as provided by the Revised Penal Code, shall be
considered by the court. The court shall declare any and all ill-gotten wealth and
their interests and other incomes and assets including the properties and shares of
stocks derived from the deposit or investment thereof forfeited in favor of the State.
(as Amended by Sec. 12, RA 7659, decreasing the amount from P75M to P50M and
increasing the penalty from life imprisonment to reclusion perpetua)
(iii)
by the illegal or fraudulent conveyance or
disposition of assets belonging to the national
government or any of its subdivisions, agencies or
instrumentalities or government-owned or controlled
corporations and their subsidiaries;
(iv)
by obtaining, receiving or accepting
directly or indirectly any shares of stock, equity or
any other form of interest or participation including
the promise of future employment in any business
enterprise or undertaking;
(vi)
by taking undue advantage of official
position, authority, relationship, connection or
influence to unjustly enrich himself or themselves at
the expense and to the damage and prejudice of the
Filipino people and the Republic of the Philippines.
(Estrada v Sandiganbayan, Panganiban,J. Concurring)
Article 217. Malversation of public funds or property; Presumption of malversation. Any public officer who, by reason of the duties of his office, is accountable for public
funds or property, shall appropriate the same or shall take or misappropriate or shall
consent, through abandonment or negligence, shall permit any other person to take
such public funds, or property, wholly or partially, or shall otherwise be guilty of the
misappropriation or malversation of such funds or property, shall suffer:
1. The penalty of prision correccional in its medium and maximum periods, if the
amount involved in the misappropriation or malversation does not exceed two
hundred pesos.
2. The penalty of prision mayor in its minimum and medium periods, if the
amount involved is more than two hundred pesos but does not exceed six
thousand pesos.
3. The penalty of prision mayor in its maximum period to reclusion temporal
in its minimum period, if the amount involved is more than six thousand
pesos but is less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium and maximum periods, if
the amount involved is more than twelve thousand pesos but is less than
twenty-two thousand pesos. If the amount exceeds the latter, the penalty
shall be reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual
special disqualification and a fine equal to the amount of the funds malversed or
equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property
with which he is chargeable, upon demand by any duly authorized officer, shall be
prima facie evidence that he has put such missing funds or property to personal use.
(As amended by RA 1060).
Case Law:
Elements:
(a) That the offender be a public officer
(b) That be had custody or control of funds or
property by reason of the duties of his office
(c) That those funds or property were public funds or
propeprt for which he was accountable.
(d) That he appropriated, took, misappropriated or
consented or, through abandonment or negligence,
permitted another person to take them.
The public officer must have official custody or the duty to collect or receive
funds due the government, or the obligation to account for them.
It is not necessary that the offender profited for as long as the accountable officer
was remiss in his duty of safekeeping public funds or property.
The nature of the duties of the public officer, not the name of the office, is
controlling.
Article 210. Direct bribery. - Any public officer who shall agree to perform an act
constituting a crime, in connection with the performance of this official duties, in
consideration of any offer, promise, gift or present received by such officer,
personally or through the mediation of another, shall suffer the penalty of prision
mayor in its medium and maximum periods and a fine of not less than the value of
the gift and] not less than three times the value of the gift in addition to the penalty
corresponding to the crime agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act
which does not constitute a crime, and the officer executed said act, he shall suffer
the same penalty provided in the preceding paragraph; and if said act shall not have
been accomplished, the officer shall suffer the penalties of prision correccional, in its
medium period and a fine of not less than twice the value of such gift.
If the object for which the gift was received or promised was to make the public
officer refrain from doing something which it was his official duty to do, he shall suffer
the penalties of prision correccional in its maximum period and a fine of not less than
the value of the gift and not less than three times the value of such gift.
official duties.
In addition to the penalties provided in the preceding paragraphs, the culprit shall
suffer the penalty of special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to
assessors, arbitrators, appraisal and claim commissioners, experts or any other
persons performing public duties. (As amended by Batas Pambansa Blg. 871,
approved May 29, 1985).
Article 211. Indirect bribery. - The penalties of prision correccional in its medium and
maximum periods, and public censure shall be imposed upon any public officer who
shall accept gifts offered to him by reason of his office. (As amended by Batas
Pambansa Blg. 871, approved May 29, 1985).
Case Law:
The principal distinction between direct and indirect bribery is that in the former,
the officer agrees to perform or refrain from doing an act in consideration of the gift
or promise. In the latter case, it is not necessary that the officer do any act. It is
Elements:
(1) Offender is a public officer;
(2) He accepts gifts;
(3) The gifts are offered to him by reason of his office.
sufficient that he accepts the gift offered by reason of his office. If after receiving the
gift, the officer does any act in favor of the giver which is unfair to the others, the
crime continues to be indirect bribery.
Article 211-A. Qualified bribery. - If any public officer is entrusted with law
enforcement and he refrains from arresting or prosecuting an offender who has
committed a crime punishable by reclusion perpetua and/or death in consideration of
any offer, promise, gift or present, he shall suffer the penalty for the offense which
was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the
penalty of death. (As added by Sec. 4, RA No. 7659).
Article 212. Corruption of public officials. - The same penalties imposed upon the
officer corrupted, except those of disqualification and suspension, shall be imposed
upon any person who shall have made the offers or promises or given the gifts or
presents as described in the preceding articles
Elements:
(1) Offender is a public officer entrusted with law
enforcement;
(2) He refrains from arresting or prosecuting an offender
who has committed a crime punishable by reclusion
perpetua and/or death;
(3) Offender refrains from arresting or prosecuting in
consideration of any offer, promise, gift, or present.
The crime of qualified bribery may be committed only by
public officers entrusted with enforcement (those
whose official duties authorize them to arrest or
prosecute offenders). The penalty is qualified if the public
officer is the one who asks or demands such present.
Elements:
(1) Offender makes offers or promises or gives gifts or
presents to a public officer;
(2) 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.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary
or material benefit, for himself or for another, from any person for whom the public
officer, in any manner or capacity, has secured or obtained, or will secure or
obtain, any Government permit or license, in consideration for the help given or to
be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private
enterprise which has pending official business with him during the pendency
(e) Causing any undue injury to any party, including the Government, or giving any
private party any unwarranted benefits, advantage or preference in the discharge
of his official administrative or judicial functions through manifest partiality, evident
bad faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of
licenses or permits or other concessions.
(i) Directly or indirectly becoming interested, for personal gain, or having a material
interest in any transaction or act requiring the approval of a board, panel or group
of which he is a member, and which exercises discretion in such approval, even if
he votes against the same or does not participate in the action of the board,
committee, panel or group.
Interest for personal gain shall be presumed against those public officers
responsible for the approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which they belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor
of any person not qualified for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or dummy of one who is not so
qualified or entitled.
The person giving the gift, present, share, percentage or benefit referred to in
subparagraphs (b) and (c); or offering or giving to the public officer the employment
mentioned in subparagraph (d); or urging the divulging or untimely release of the
confidential information referred to in subparagraph (k) of this section shall, together
with the offending public officer, be punished under Section nine of this Act and shall
be permanently or temporarily disqualified in the discretion of the Court, from