FOR EDUCATIONAL PURPOSES

1. Crime Committed by Public
Officer
Article 211 of the Revised Penal
Code

2. Art. 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, June 10, 1985).

3. Elements:
1. That the offender is a public officer.
2. That he accepts gifts.
3. That the said gifts are offered to him by reason if his
office.

4. Notes
Will there be indirect bribery if the public officer accepts a promise of
gifts made to him by reason of office?
Art 211 does not use the word “promise” but the phrase “shall
accepts gifts”
The essential ingredient is that the public officer must have
accepted the gift for safekeeping or pocketing the same.mere physical
receipt unaccompanied by any other sign, circumstances or act to show
that such acceptance is not sufficient to lead the court to
conclude.(Formilleza v. Sandiganbayan, 159 SCRA1)

5. Notes
• There is no attempted or frustrated indirect
bribery because it is committed by accepting the
gifts offered to the public officer by reason of his
office thus if he does not accept gifts ; he does
not commit crime. If he accepts the gifts, it is
consummated.

6. Direct bribery distinguished from indirect bribery
1. In bothe crimes the public officer receives gift.
2. In direct bribery there is agreement while indirect usually no
agreements exists.
3. In direct bribery the offender agrees to perform an act or refrain
from doing something because of the gift or promise; in indirect
bribery it is not necessary as it is enough that he accepts gifts
offered to him by reason of his office(Pozar v Court of Appeals, 132
SCRA 729)

7. Notes
•Receiving of gifts by public officials and
employees, and giving of gifts by private
persond, on any occasion including Christmas is
punishable.(PD No.46 November 10, 1972)