Practice question
A public officer accepts an expensive gift offered solely because of her office. There is no agreement to perform a particular act, and the other elements of indirect bribery are proved. Is the absence of such an agreement by itself a complete defense to Article 211?
- Yes, every bribery offense requires a specific criminal bargain.
- No; indirect bribery addresses acceptance by reason of office.
- Yes, if the gift is not cash.
- Yes, if the giver does not work for government.
- Yes, unless a public fund was stolen.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 203, 210–212, 217, 220 and 222, as amended.
- RA 10951, current amended RPC provisions and monetary thresholds: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html; Section 40, Article 217.
- Ysidoro v People, G.R. No. 192330, November 14, 2012, main decision, technical malversation: https://lawphil.net/judjuris/juri2012/nov2012/gr_192330_2012.html
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