February 15, 2018

 Is it necessary to present the confidential informants in order to establish a case under

Sec. 5 or under RA 9165 for that matter? No.
 The presentation of an informant as witness is not regarded as indispensable to
the success of a prosecution of a drug-dealing accused. As a rule, the informant
is not presented in court for security reasons, in view of the need to protect the
informant from the retaliation of the culprit arrested through his efforts.
Thereby, the confidentiality of the informant’s identity is protected in deference
to his invaluable services to law enforcement. Only when the testimony of the
informant is considered absolutely essential in obtaining the conviction of the
culprit should the need to protect his security be disregarded. (People v.
Rosauro)
 But see People v. Andaya, G.R. No. 183700, (2014)
The non-presentation of the confidential informant as a witness does not
ordinarily weaken the State's case against the accused. However, if the arresting
lawmen arrested the accused based on the pre-arranged signal from the
confidential informant who acted as the poseur buyer, his nonpresentation
must be credibly explained and the transaction established by other ways in
order to satisfy the quantum of proof beyond reasonable doubt because the
arresting lawmen did not themselves participate in the buy-bust transaction
with the accused.
1. Maintenance of Den, Dive, or Resort
 What is a Den, Dive or Resort
 A place where any dangerous drug and/or controlled precursor and essential
chemical is administered, delivered, stored for illegal purposes, distributed, sold
or used in any form.
 Penalty: Life Imprisonment to Death and a fine ranging from 500,000 to 10,000.
(for dangerous drugs)
 Penalty: 12 years and 1 day to 20 years and a fine ranging from 100,000 to
500,000. (for CPEC)
 Maximum Penalty: In case any dangerous drug is administered, delivered or sold
to a minor who is allowed to use the same in such a place.
 Death and Fine ranging from 1,000,000 to 15,000,000 should any dangerous
drug be the proximate cause of the death of a person using the same in such
place.
 If such place is owned by a third person, the same shall be confiscated and
escheated in favor of the government: Provided, That the criminal complaint
shall specifically allege that such place is intentionally used in the furtherance of
the crime: Provided, further, That the prosecution shall prove such intent on the
part of the owner to use the property for such purpose: Provided, finally, That
the owner shall be included as an accused in the criminal complaint.
  Financier/Protector/Coddler are punished accordingly.
2. Employee and Visitors of Den, Dive, or Resort
 Who are the employees of a den, dive or resort?
 The caretaker, helper, watchman, lookout, and other persons working in the
den, dive or resort, employed by the maintainer, owner and/or operator where
any dangerous drug and/or controlled precursor and essential chemical is
administered, delivered, distributed, sold or used, with or without
compensation, in connection with the operation thereof.
 The employee must be aware of the nature of the place as such
 Who is a visitor of a den, dive or resort?
 Any person who, not being included in the provisions of the next preceding,
paragraph, is aware of the nature of the place as such and shall knowingly visit
the same
3. Manufacture of Dangerous Drugs And/Or Controlled Precursors and Essential Chemicals
 Penalty: Life Imprisonment to Death, and a Fine ranging from 500,000 to 10,000,000
(dangerous drugs)
 Penalty: 12 years and 1 day to 20 years and a fine ranging from 100,000 to 500,000
(CPEC)
 Presumption: The presence of any controlled precursor and essential chemical or
laboratory equipment in the clandestine laboratory is a prima facie proof of
manufacture of any dangerous drug.
 What is a clandestine laboratory?
 Any facility used for the illegal manufacture of any dangerous drug and/or
controlled precursor and essential chemical.
 Aggravating if the clandestine laboratory is undertaken or established under the
following circumstances:
 Any phase of the manufacturing process was conducted in the presence or with
the help of minor/s;
 Any phase or manufacturing process was established or undertaken within 100
m of a residential, business, church, or school premises;
 Any clandestine laboratory was secured or protected with booby traps;
 Any clandestine laboratory was concealed with legitimate business operations;
 Any employment of a practitioner, chemical engineer, public official or
foreigner.
 Financier/Protector/Coddler are punished accordingly
4. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals
 What is Chemical Diversion?
 The sale, distribution, supply or transport of legitimately imported, in-transit,
manufactured or procured controlled precursors and essential chemicals, in
diluted, mixtures or in concentrated form, to any person or entity engaged in
the manufacture of any dangerous drug, and shall include packaging,
repackaging, labeling, relabeling or concealment of such transaction through
 fraud, destruction of documents, fraudulent use of permits, misdeclaration, use
of front companies or mail fraud.
 Penalty: 12 years and 1 day to 20 years and a fine ranging from 100,000 to 500,000
5. Manufacture or Delivery of Equipment, Instrument, Apparatus, And Other Paraphernalia For
Dangerous Drugs An/Or Controlled Precursors and Essential Chemicals
 Overt Acts: (1) Deliver; (2) Possess with intent to deliver; or (3) manufacture with intent
to deliver
 Object: Equipment, instrument, apparatus and other paraphernalia for dangerous drugs.
 Knowledge: under circumstances where one reasonably should know, that it will be
used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert,
produce, process, prepare, test, analyze, pack, repack, store, contain or conceal any
dangerous drug and/or controlled precursor and essential chemical
 Penalty: Imprisonment ranging from 6 months and 1 day to 4 years and a fine ranging
from 10,000 to 50,000
 Maximum Penalty: A minor or mentally incapacitated individual is used to deliver such
equipment, instrument, apparatus, and other paraphernalia for dangerous drugs.
6. Possession of Dangerous Drugs
 Penalties depending on quantity (regardless of purity):

Penalty Marijuana Shabu Others

Life Imprisonment to Death and a fine ranging 300 grams 50 10

from 500,000 to 10,000,000
Life Imprisonment and a fine ranging from 10
400,000 to 500,000
Imprisonment of 20 years and 1 day and a fine 5 5 300
ranging from 400,000 to 500,000
Imprisonment of 12 years and 1 day to 20 years
and a fine ranging from 300,000 to 400,000

 Offender must not be authorized by law, and must know that what he is possessing are
dangerous drugs.
 Presumption: possession of dangerous drugs constitute prima facie evidence of
knowledge or animus possidendi sufficient to convict an accused in the absence of a
satisfactory explanation of such possession. Hence, the burden of evidence is shifted to
the accused to explain the absence of knowledge or animus possidendi.
 Maximum Penalty (Under Section 13): if possession is during a party, or at a social
gathering or meeting, or in the proximate company of a t least two (2) persons.
 Possession may either be actual or constructive
 Actual possession exists when the drug is with the immediate physical possession or
control of the offender
  Constructive possession exists when the drug is under the dominion and control of the
offender or when he has the right to exercise dominion and control over the place
where it is found.
7. Possession of Equipment, Instrument, Apparatus And Other Paraphernalia For Dangerous
Drugs
 Object: Equipment, instrument, apparatus and other paraphernalia
 Specific Characteristic: Fit or intended for smoking, consuming, or administering,
injecting, ingesting, or introducing any dangerous drug into the body;
 Presumption: The possession of such equipment, instrument, apparatus and other
paraphernalia fit or intended for any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the possessor has smoked, consumed,
administered to himself/herself, injected, ingested or used a dangerous drug and shall
be presumed to have violated Section 15 of this Act.
 Penalty: 6 months and 1 day to 4 years and a fine ranging from 10,000 to 50,000
 Maximum Penalty (Under Sec. 14): any person, who shall possess or have under his/her
control any equipment, instrument, apparatus and other paraphernalia fit or intended
for smoking, consuming, administering, injecting injesting, or introducing any dangerous
drug into the body, during parties, social gatherings or meetings, or in the proximate
company of a t least 2 persons.
 Must be found positive after a confirmatory test. What is a confirmatory test?
 An analytical test using a device, tool or equipment with a different chemical or
physical principle that is more specific which will validate and confirm the result
of the screening test.
 What is a screening test?
 A rapid test performed to establish potential/presumptive positive result.
 Under Sec. 36, drug testing shall employ, among others, 2 testing methods, the
screening test which will determine the positive result as well as the type of the drug
used and the confirmatory test which will confirm a positive screening test.
 Penalties:
 First Offense: Minimum of 6 months rehabilitation in a government center;
 Second offense: Imprisonment ranging from 6 years and 1 day to 12 years and a
fine ranging from 50,000 to 200,000
 Benefits of Sec. 15 are not applicable where the person tested is also found to
have in his/her possession such quantity of any dangerous drug provided for
under Sec. 11 of this Act, in which case the provisions stated therein shall apply.
 Problem: A, with four others, is caught in flagrante delicto having a shabu pot session
inside A’s house. Among the object confiscated from them include: empty plastic
sachets, several pieces of rolled aluminum foil containing shabu residue. What is the
proper chargeable crime?
 Solution: People v. Martinez, G.R. No. 191366
 This Court notes the practice of law enforcers of filing charges under Sec. 11 in
cases where the presence of dangerous drugs as basis for possession is only and
 solely in the form of residue, being subsumed under the last paragraph of Sec.
11. Although not incorrect, it would be more in keeping with the intent of the
law to file charges under Sec. 15 instead in order to rehabilitate first time
offenders of drug use, provided that there is a positive confirmatory test result
as required under Sec. 15.
 The minimum penalty under the last paragraph of Sec. 11 for the possession of
residue is imprisonment of twelve years and one day, while the penalty under
Sec. 15 for first time offenders of drug use is a minimum of six months
rehabilitation in a government center. To file charges under Sec. 11 on the basis
of residue alone would frustrate the objective of the law to rehabilitate drug
users and provide them with an opportunity to recover for a second chance at
life.
 Granting that the arrest was legal, the evidence obtained admissible, and the
chain of custody intact, the law enforcers should have filed charges under Sec.
15, R.A. No. 9165 or for use of dangerous drugs and, if there was no residue at
all, they should have been charged under Sec. 14
 Sec. 14 provides that the maximum penalty under Sec. 12 (Possession of
Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for
Dangerous Drugs) shall be imposed on any person who shall possess any
equipment, instrument, apparatus and other paraphernalia for dangerous
drugs. Under Sec. 12, the maximum penalty is imprisonment of four years and a
fine of P50,000.00. In fact, under the same section, the possession of such
equipment, apparatus or other paraphernalia is prima facie evidence that the
possessor has used a dangerous drug and shall be presumed to have violated
Sec. 15.
 In order to effectively fulfill the intent of the law to rehabilitate drug users, this
Court thus calls on law enforcers and prosecutors in dangerous drugs cases to
exercise proper discretion in filing charges when the presence of dangerous
drugs is only and solely in the form of residue and the confirmatory test
required under Sec. 15 is positive for use of dangerous drugs. In such cases, to
afford the accused a chance to be rehabilitated, the filing of charges for or
involving possession of dangerous drugs should only be done when another
separate quantity of dangerous drugs, other than mere residue, is found in the
possession of the accused as provided for in Sec. 15.
8. Cultivation Or Culture Of Plants Classified As Dangerous Drugs Or Are Sources Thereof
 Overt Act: Planting, cultivating or culturing marijuana, opium poppy or any other plant
regardless of quantity, which is or may after be classified as dangerous drug or as a
source from which any dangerous drug may be manufactured or derived;
 Exception: Medical laboratories and medical research centers which cultivate or culture
marijuana, opium poppy and other plants, or materials of such dangerous drugs for
medical experiments and research purposes, or for the creation of new types of
medicine, subject to approval of the DDB.
  Cultivate or Culture - Any act of knowingly planting, growing, raising, or permitting the
planting, growing or raising of any plant which is the source of a dangerous drug.
 Penalty: Life imprisonment to death and a fine ranging from 500,000 to 10,000,000.
 Forfeiture: The land or portions thereof and/or greenhouses on which any of said plants
is cultivated or cultured shall be confiscated and escheated in favor of the State;
 Except: If the owner can prove lack of knowledge of such cultivation or culture despite
the exercise of due diligence on his/her part;
 Maximum penalty: If land is used is part of the public domain
 Financiers/Protector/Coddler are punished accordingly.
9. Maintenance and Keeping of Original Records Of Transactions on Dangerous Drugs And/Or
Controlled Precursors and Essential Chemicals
 Sec. 40 requires every pharmacist dealing in dangerous drugs or CPEC to maintain and
keep an original record of sales, purchases, acquisitions and deliveries of dangerous
drugs.
 A certified true copy of such record covering a period of six (6) months, duly signed by
the pharmacist or the owner of the drugstore, pharmacy or chemical establishment,
shall be forwarded to the Board within fifteen (15) days following the last day of June
and December of each year, with a copy thereof furnished the city or municipal health
officer concerned.
 Sec. 40 also requires every physician, dentist, veterinarian or practitioner authorized to
prescribe any dangerous drug shall issue the prescription therefor in one (1) original and
two (2) duplicate copies. The original, after the prescription has been filled, shall be
retained by the pharmacist for a period of one (1) year from the date of sale or delivery
of such drug. One (1) copy shall be retained by the buyer or by the person to whom the
drug is delivered until such drug is consumed, while the second copy shall be retained
by the person issuing the prescription.
 The prescribing physician, dentist, veterinarian or practitioner shall, within three (3)
days after issuing such prescription, inform the DOH of the same in writing. No
prescription once served by the drugstore or pharmacy be reused nor any prescription
once issued be refilled.
 All manufacturers, wholesalers, distributors, importers, dealers and retailers of
dangerous drugs and/or controlled precursors and essential chemicals shall keep a
record of all inventories, sales, purchases, acquisitions and deliveries of the same as well
as the names, addresses and licenses of the persons from whom such items were
purchased or acquired or to whom such items were sold or delivered, the name and
quantity of the same and the date of the transaction.
 Failure to comply with the obligation to maintain and keep original records of
transactions on any dangerous drug and/or CPEC is punishable under Sec. 17.
 Penalty: Imprisonment ranging from 1 year and 1 day to 6 years and a fine ranging from
10,000 to 50,000
  Additional Penalty: Revocation of the offender’s license to practice his/her profession, in
case of a practitioner, or of the business, in case of a manufacturer, seller, importer,
distributor, dealer or retailer.
10. Unnecessary Prescription of Dangerous Drugs
 Overt Act: Prescribing any dangerous drug to any person whose physical or
psychological condition does not require the use or in the dosage prescribed therein;
 Penalty: Imprisonment ranging from 12 years and 1 day to 20 years and a fine ranging
from 100,000 to 500,000.
 Additional Penalty: Revocation of offender’s license to practice.
11. Unlawful Prescription of Dangerous Drugs
 Overt Act: Making or issuing a prescription or any other writing purporting to be a
prescription for any dangerous drug without authority of law;
 Penalty: Life imprisonment to death and a fine ranging from 500,000 to 10,000,000.
 Confiscation And Forfeiture Of the Proceeds Or Instruments Of The Unlawful Act
 Every penalty imposed for the importation (Sec. 4)
 … sale, trading, administration, dispensation, delivery, distribution, transportation (Sec.
5)
 … or manufacture of any dangerous drug and/or controlled precursor and essential
chemical (Sec. 8)
 … the cultivation or culture of plants which are sources of dangerous drugs (Sec. 16)
 … and the possession of any equipment, instrument, apparatus and other paraphernalia
for dangerous drugs including other laboratory equipment (Sec. 12 and 14)
 Accessory penalty: …shall carry with it the confiscation and forfeiture, in favor of the
government, of all the proceeds and properties, derived from the unlawful act,
including, but not limited to, money and other assets obtained thereby, and the
instruments or tools with which the particular unlawful act was committed.
 Exception: unless they are the property of a third person not liable for the unlawful act,
but those which are not of lawful commerce shall be order destroyed without delay.
 In PDEA v. Brodett, G.R. No. 196390 (2011)
 It is not open to question thatin a criminal proceeding, the court having
jurisdiction over the offense has the power to order upon conviction of an
accused the seizure of (a) the instruments to commit the crime, including
documents, papers, and other effects that are the necessary means to
commit the crime; and (b) contraband, the ownership or possession of
which is not permitted for being illegal.
 As justification for the first, the accused must not profit from his crime, or
must not acquire property or the right to possession of property through his
unlawful act.
 As justification for the second, to return to the convict from whom the
contraband was taken, in one way or another, is not prudent or proper,
because doing so will give rise to a violation of the law for possessing the
contraband again.
  Sec. 20 continues: During the pendency of the case in the Regional Trial Court, no
property, or income derived therefrom, which may be confiscated and forfeited, shall be
disposed, alienated or transferred and the same shall be in custodia legis and no bond
shall be admitted for the release of the same.
 The third paragraph of Section 20, supra, expressly forbids the disposition, alienation, or
transfer of any property, or income derived therefrom, that has been confiscated from
the accused charged under R.A. No. 9165 during the pendency of the proceedings in the
Regional Trial Court.Section 20 further expressly requires that such property or income
derived therefrom should remain in custodialegis in all that time and that no bond shall
be admitted for the release of it.
 Reason: The status of an article confiscated in relation to the unlawful act for the
duration of the trial in the RTC as being in custodial egis is primarily intended to
preserve it as evidence and to ensure its availability as such.
 Are photographs not enough?
 The photographs were ordered to be taken of the car was not enough, for mere
photographs might not full in fully the evidentiary need of the Prosecution.
 Another reason: Court cannot preempt judgment. Indeed, forfeiture, if
warranted pursuant to either Art. 45 of the RPC and Sec. 20 of RA No. 9165,
would be a part of the penalty to be prescribed. The determination of whether
or not the car (or any other article confiscated in relation to the unlawful act)
would be subject of forfeiture could be made only when the judgment was to be
rendered in the proceedings.
 Sec. 20 is clear: After conviction in the Regional Trial Court in the appropriate criminal
case filed, the Court shall immediately schedule a hearing for the confiscation and
forfeiture of all the proceeds of the offense and all the assets and properties of the
accused either owned or held by him or in the name of some other persons if the same
shall be found to be manifestly out of proportion to his/her lawful income: Provided,
however, That if the forfeited property is a vehicle, the same shall be auctioned off not
later than five (5) days upon order of confiscation or forfeiture.
 What to do with the confiscated proceeds or instruments?
 The proceeds of any sale or disposition of any property confiscated or forfeited
under this Section shall be used to pay all proper expenses incurred in the
proceedings for the confiscation, forfeiture, custody and maintenance of the
property pending disposition, as well as expenses for publication and court
costs. The proceeds in excess of the above expenses shall accrue to the Board to
be used in its campaign against illegal drugs.

Title VII CRIMES COMMITTED BY PUBLIC OFFICERS

Chapter One
PRELIMINARY PROVISIONS

 Who are public officers?

Article 203. Who are public officers. - For the purpose of applying the provisions of this and the
preceding titles of this book, any person who, by direct provision of the law, popular election or
appointment by competent authority, shall take part in the performance of public functions in the
Government of the Philippine Islands, of shall perform in said Government or in any of its branches
public duties as an employee, agent or subordinate official, of any rank or class, shall be deemed to be
a public officer.

Chapter Two

MALFEASANCE AND MISFEASANCE IN OFFICE

 Malfeasance – Performance of some act which ought not to be done. It is prohibited in the first
place. Ex. Appropriating public funds for personal gain
 Misfeasance – Improper performance of something that is allowed under the law. Ex. Knowingly
rendering unjust judgment.
 Nonfeasance – Omission of doing some act which is required under the law to be done. Ex. Art.
208

Section One. - Dereliction of duty

Article 204. Knowingly rendering unjust judgment. - Any judge who shall knowingly render an unjust
judgment in any case submitted to him for decision, shall be punished by prision mayor and perpetual
absolute disqualification.

 Who is the offender?

 A judge
 Refers to judges who are assigned in first and second level courts (MTC and RTC)
 It does not refer to courts which are collegiate in character. (includes CA, Sandiganbayan
and SC)
 Can only be committed individually by a judge.
 The judgment contemplated is a final judgment.
 The judgment must be unjust (contrary to law, or not supported by evidence)
 The judge knows the judgment is unjust (personal determination of the intent of the judge)
Honest errors of the law is not punishable.
 Can only be committed by means of dolo. Culpa is covered by Art. 205
Article 205. Judgment rendered through negligence. - Any judge who, by reason of inexcusable
negligence or ignorance shall render a manifestly unjust judgment in any case submitted to him for
decision shall be punished by arresto mayor and temporary special disqualification.

 Manifestly unjust judgment – that even a person having meager knowledge of the law cannot
doubt the injustice

Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an unjust interlocutory
order or decree shall suffer the penalty of arresto mayor in its minimum period and suspension; but if
he shall have acted by reason of inexcusable negligence or ignorance and the interlocutory order or
decree be manifestly unjust, the penalty shall be suspension.

 Is a consolidation of Art. 204 and 205, but only refers to a interlocutory order.
 Interlocutory order – order issued by the Court between the commencement and the end of his
suit or action and which decides some point or matter but which however is not a final decision
of the matter in issue.

Article 207. Malicious delay in the administration of justice. - The penalty of prision correccional in its
minimum period shall be imposed upon any judge guilty of malicious delay in the administration of
justice.

 Mere proof of the delay is not enough. There must be intent to delay. Intent to delay to inflict
damage.

Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision correccional in
its minimum period and suspension shall be imposed upon any public officer, or officer of the law,
who, in dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for
the punishment of violators of the law, or shall tolerate the commission of offenses.

 Contemplates Public officer who has the duty to prosecute or institute prosecution of offenders.
Includes. NBI Agent, Police Officer, PDEA Agent, Ombudsman, Public prosecutors and Brgy.
Captain
 Maliciously refrained from instituting prosecution.
 Judgment of conviction must be shown in order to prosecute the public officer covered under
this article. The person sought to be prosecuted must be prosecuted by another person and
must be convicted. The crimes must be probed in order for the offender under this article to be
charged and convicted.
 Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the
proper administrative action, the penalty of prision correccional in its minimum period, or a fine
ranging from 200 to 1,000 pesos, or both, shall be imposed upon any attorney-at-law or solicitor (
procurador judicial) who, by any malicious breach of professional duty or of inexcusable negligence or
ignorance, shall prejudice his client, or reveal any of the secrets of the latter learned by him in his
professional capacity.

The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who,
having undertaken the defense of a client or having received confidential information from said client
in a case, shall undertake the defense of the opposing party in the same case, without the consent of
his first client.

Three Punishable Acts:

1. By causing damage to his client by either malicious breach of professional duty or by inexcusable
negligence or ignorance. (Proof of damage is only with respect to this act)

2. Revealing secrets of his client learned by him in his professional capacity

3. Undertaking defense of other party without the consent of his first client

Section Two. - Bribery

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.
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).

 Three Acts Punishable Under This Article

1. 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.
-A mere promise is enough to consummate the first act. Promise + Promise= 1 and
not equal to 2
2. 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 duties.
3. By agreeing to refrain or by refraining from doing something which is official duty to
do in consideration of a gift or promise.
 Favors, service, and accommodation are considered as considerations

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).

 There is no condition to perform under this act in order for the offender to be punished.

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).

 There is a consideration provided under this article to the law enforcer.

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.