Prosecutor caught in bribery entrapment slapped with criminal charges

MANILA, Philippines – The Office of the Ombudsman already filed criminal charges before the Sandiganbayan against a Quezon City prosecutor arrested in an entrapment operation by the National Bureau of Investigation (NBI).

Facing charges for Direct Bribery and violation of Section 7(d) of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) is Assistant City Prosecutor II Raul Desembrana of the Quezon City Prosecution Service.

Section 7(d) of R.A. No. 6713 expressly prohibits public officials and employees from soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of regular duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

On the other hand, Direct Bribery is committed by any public officer who accepts an offer or promise or receives a gift or present in consideration of the execution of an act, which does not constitute a crime in connection with the performance of official duties.

Desembrana was arrested last Nov. 14 by members of the NBI at a restaurant in Quezon City while accepting P80,000 “standard operating procedure” (SOP) money from Dr. Alexis Montes and his counsel, Atty. Ephraim Cortez.

The money was supposedly in exchange for the dismissal of a case against Dr. Montes.

In the Resolution approved on 15 November 2014, Ombudsman Morales emphasized that “as Assistant City Prosecutor of the Department of Justice, respondent is duty bound to decide or resolve all cases assigned to him based on the merits.”

The “Informations” were filed with the Sandiganbayan on last Nov. 15.

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