Estafa by through false pretense is also committed by any person who defrauds another by falsely pretending to have bribed any Government employee, executed prior to or simultaneously with the parting of money or property by the victim  (Art. 315, par. 2(c), RPC).

● The victim defrauded can sue the offender for estafa.

● The public officer defamed can sue the offender for defamation.

● Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the court, that he would convince the judge to acquit him for a consideration of P5 million. The accused agreed and delivered the money, through his lawyer, to the clerk of court. The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the accused. Malo was charged with estafa under Article 315 because he misrepresented that he had influence, when he actually had none. (Bar Question, 2014)

Is Malo liable for estafa under Art. 315 (2)(c)?

No, Malo is not liable since he did not defraud the accused by falsely pretending to have bribed the judge. Malo merely promised to bribe the judge.

What crime did Malo commit?

Malo can be held liable for other deceits as it appears that he received the money without intention of talking to the judge. (Criminal Law Reviewer, Vol. II, Judge Marlo B. Campanilla)