9. Q.- (a) Aside from P.D. No. 46, are there other laws prohibiting public officials from receiving gifts by reason of their official positions? (b) What are their essential elements? (c) What are the penalties for their violation?

A.- (a) Yes, other laws prohibiting public officials from receiving gifts include: (1) Indirect bribery under Art. 211 Revised Penal Code, as amended; and (2) Prohibited solicitation or acceptance of gifts under R.A. No. 6713, Sec. 7-d.

(b) (1) The essential elements in Indirect Bribery in Art. 211, RPC are: a) Committed by a public officer; b) who shall accept gifts offered to him/her; c) by reason of his/her office.
(2) In Prohibited solicitation or acceptance of gifts under RA 6713(Sec. 7-c), the essential elements are: a) Committed by public officials or employees; b) who shall solicit or accept, directly or indirectly; c) any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person; d) in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

(c) The penalties for their violation are: (1) In Indirect Bribery the penalty is Prision correction in its medium and maximum periods (8 years and 1 day to 12 years) and public censure.
(2) In Prohibited solicitation or acceptance of gifts under RA 6713(Sec. 7-c), the penalty is imprisonment not exceeding five years, or fine not exceeding Php. 5,000.00 or both, and in the discretion of the court disqualification to hold office. □

__________

Reference: Pages 22-23, 84-86 CRIMES OF PUBLIC OFFICERS, Book I-Laws Penalizing Public Officers.