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BRIBERY - Coggle Diagram
BRIBERY
AGAINST PH GOVERNMENT
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Treason
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Offender must be:
- one who owes allegiance to PH govt (citizens even if abroad, foreigners (temporary allegiance if he is a resident of PH))
- there must be a war in which the PH is involved
- must have levied war against the govt (must have levied men to execute its treasonable design?) AND the offender must have given aid or comfort to the enemy
3rd element goes hand in hand (notice "AND")
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Rebellion
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Purpose: Remove allegiance from PH laws any part of PH or deprive President or Congress wholly or partially of its powers or prerogatives
Distinguished from coup d'etat"
Rebellion = any person
Coup = members of military or police or anyone who is holding public office
Doctrine of absorption: common crimes committed on the occasion of rebellion are deemed absorbed in REBELLION [People v. Hernandez G.R No. L-6025 et al.]
to benefit from this, offender must prove that he had political motivation in committing the common crimes
Coup d'etat (135)
there must be a swift attack accompanied by stealth, strategy, force or intimidation
attack must directed against duly constituted authorities (communication networks, military camps, other facilities necessary for the continued possession of power
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Private individuals could be held liable for coup d'etat:
- IF THEY CONSPIRE with the public officers or employees
- IF THEY aid, support or abet the commission of coup d'etat
BRIBES
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2 classifications of bribery:
- Direct bribery
- Indirect bribery
- Qualified bribery
Direct may be committed in 3 ways:
- Amounts to a crime (malfeasance) (210)
- Does not amount to a crime but is unjust (misfeasance)
- Refrains from performing an act which he is duty bond to do in consideration of a gift, promise, present or offer (nonfeasance)
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Indirect Bribery:
- offender is a public officer or employee
- accepted gift, present, or offer
- by reason of his office
Distinguished from direct bribery: in indirect, there's no agreement between the giver and the receiver
thus, the gift is in anticipation of a future favor
Prevarication (208)
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Offender is a public officer or an officer of the law who has refrained from prosecuting/arresting a criminal offender or has tolerated the commission of a crime
Not all public officers and employees can be held liable under prevarication ONLY Those who are task with the prosecution and arrest of criminal offenders and those tasked to enforce the law
Examples: NBI, PNP, DOJ, Prosecutor's Office
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OTHER FORMS OF VIOLENCE
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Direct assault (148)
Committed in 2 ways:
- While victim (person in authority or agent of person in authority) is in performance of duty or in the occasion of such performance
Who are persons in authority? Look into Art. 152 of the RPC
You have to include a teacher or professor, lawyer, brgy chairman, tanods, traffic enforcers
"attacked in the occasion of such performance" = by reason of the past performance of his duty, provided that at the time of the assault, the victim must STILL be a person of authority or agent of a person in authority
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Indirect assault
Bongalon v. People G.R. No. 169533, March 20, 2013
3 parties in indirect assault:
- Victim
- offender
- Coming to the aid of a person in authority who is the victim of direct assault
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