G.R. No. L-2971 – 88 Phil. 494 – Political Law – Law on Public Officers – “Public Officer” and “Public Employee” the same for Purposes of the Penal Code
Criminal Law – Book II – Crimes Committed By Public Officers – Direct Bribery – “Public Officer” and “Public Employee” the same for Purposes of the Penal Code
Feliciano Maniego was employed as a laborer to work as the person in charge of delivering summons and subpoenas in the Municipal Court of Manila. Nevertheless, Maniego was permitted to write motions for dismissal of prescribed traffic cases against offenders without counsel, and to submit them to the court for action, without passing through the regular clerk.
Sometime in 1947, a certain Felix Rabia was subpoenaed in connection with a traffic violation. The said crime has prescribed without Rabia being prosecuted but then Maniego informed Rabia that he is penalized with a P15 fine; that Maniego can fix this if Rabia can pay him P10. Maniego pocketed the P10.00 and for this he was later charged for violating Article 210 of the Revised Penal Code which provides in part:
Any public officer who shall agree to perform an act constituting a crime, in connection with the performance of his 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 correccional in its minimum and medium periods and fine of not less than the value to the penalty corresponding to the crime agreed upon if the same shall have been committed.
Maniego assails the charge. He avers, among others, that he is not a public officer as he was merely hired as an ordinary government employee.
ISSUE: Whether or not Maniego is correct.
HELD: No. Maniego is considered a public officer under Article 203 of the Revised Penal Code which includes all persons “who, by direct provision of law, popular election or appointment by competent authority, shall take part in the performance of public functions in the Philippine Government, or shall perform in said government or any of its branches, public duties as an employee, agent or subordinate official or any rank or class.” That definition is quite comprehensive, embracing as it does, every public servant from the highest to the lowest. For the purposes of the Penal Code, it obliterates the standard distinction in the law of public officers between “officer” and “employee”. Further, even assuming that Article 203 can’t be applied, although Maniego was originally engaged as a laborer, he was temporarily performing public functions when he was permitted to draft motions. And as in the performance thereof he accepted, even solicited, monetary reward, he certainly guilty as charged. The receipt of bribe money is just as pernicious when committed by temporary employees as when committed by permanent officials.
