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ANTI-GRAFT LAWS
Crimes Committed by Public Officers
(Book II, Title VII, Revised Penal Code)
Anti-Graft and Corrupt Practices Act
(RA 3019)
Law on Forfeiture of Unlawfully Acquired
Properties (RA 1379)
PLUNDER Law (RA 7080)
DIRECT BRIBERY
(Article 210, RPC)
By agreeing to perform, or by
performing, in consideration of any
offer, promise, gift or present, an act
constituting a crime, in connection
with the performance of his official
duties
DIRECT BRIBERY
(Article 210, RPC)
By accepting a gift in consideration of
the execution of an act which does
not constitute a crime, in connection
with the performance of his official
duty.
DIRECT BRIBERY
(Article 210, RPC)
By agreeing to refrain, or by
refraining, from doing something
which it is his official duty to do, in
consideration of a gift or promise.
INDIRECT BRIBERY
(Article 211, RPC)
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 of his office.
QUALIFIED BRIBERY
(Article 211-A, RPC)
Elements:
1. That the offender is a public officer
entrusted with law enforcement;
2. That the offender refrains from arresting or
prosecuting an offender who has committed
a crime punishable by reclusion perpetua
and/or death;
3. That the offender refrains from arresting or
prosecuting the offender in consideration of
any promise, gift or present.
Elements:
1. That the offender makes offers or
promises or gives gifts or presents to a
public officer;
2. That 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.
MALVERSATION
Elements:
1. That the offender is a public officer;
2. That he had custody or control of funds or
property by reason of the duties of his office;
3. That those funds or property were public
funds or property for which he was
accountable;
4. That he appropriated, took, misappropriated
or consented or, through abandonment or
negligence, permitted another person to
take them.
PRESUMPTION OF GUILT
The failure of a public officer to have
duly forthcoming any public funds or
property with which he is chargeable,
shall be prima facie evidence that he
has put such missing funds or property
to personal use
EFFECT OF REIMBURSEMENT
- Not a defense
MANDATORY SUSPENSION
Sec. 13 Any incumbent public officer
against whom any criminal prosecution
under a VALID INFORMATION under this
Act or under Title 7, Book II of the Revised
Penal Code or for any offense involving
fraud upon government or public funds or
property, whether as a simple or as a
complex offense and in whatever stage of
execution and mode of participation, is
pending in court, shall be SUSPENDED from
office.
Thank You.