In the Philippines, the term "kotong" is a colloquialism that strikes a chord of frustration for many. Whether it’s a motorist being flagged for a questionable violation or a business owner facing "expediting fees" from a local official, kotong is more than just a nuisance—it is a serious criminal offense.
Legally, kotong falls under the umbrellas of bribery and extortion. This article breaks down the legal framework, the penalties involved, and the proper channels for reporting these acts.
1. The Legal Definitions: Bribery vs. Extortion
While "kotong" is the street name, the Revised Penal Code (RPC) and special laws define these actions through specific legal lenses:
Direct Bribery (Art. 210, RPC)
This occurs when a public officer accepts a gift, offer, or promise in exchange for performing an act (even if it’s part of their duty), refraining from doing their duty, or committing a crime.
- Example: A driver offers a traffic enforcer ₱500 to "forget" a beating-the-red-light violation.
Indirect Bribery (Art. 211, RPC)
This happens when a public officer accepts a gift offered to them by reason of their office, even if there is no specific "favor" exchanged at that moment.
Extortion (Robbery under Art. 294, RPC)
In a kotong scenario, extortion is often prosecuted as Robbery. This occurs when a public officer uses intimidation, fear, or force to compel a person to hand over money or property.
- Key Difference: In bribery, there is often a "transactional" feel. In extortion, the victim feels coerced or threatened with an arrest or a penalty unless they pay.
Graft and Corrupt Practices (RA 3019)
The Anti-Graft and Corrupt Practices Act is the broader net. It prohibits public officers from requesting or receiving any gift or benefit in connection with any government contract or permit.
2. Penalties: The Cost of Corruption
The law does not take these offenses lightly. Depending on the gravity and the amount involved, the consequences include:
- Imprisonment: Ranges from Prision Correccional (6 months to 6 years) to Reclusion Perpetua (20 to 40 years) for severe graft cases.
- Fines: Usually double or triple the value of the bribe received.
- Disqualification: Perpetual disqualification from holding any public office.
- Forfeiture: Any unexplained wealth or property acquired through these means can be seized by the State.
3. Is the "Giver" Liable?
Yes. Under Art. 212 of the RPC (Corruption of Public Officials), the person who offers or gives the bribe is subject to the same penalties as the officer who receives it.
Note: However, if you are a victim of extortion (where you were forced or intimidated into giving money), you are generally viewed as a victim rather than a co-conspirator, provided you report the incident.
4. How to Report "Kotong" and Extortion
If you encounter a kotong situation, do not engage in the bribe. Instead, document the incident and report it through the following channels:
| Agency | Focus Area | Contact / Hotline |
|---|---|---|
| 8888 Citizens’ Complaint Center | General government corruption | Dial 8888 |
| Anti-Red Tape Authority (ARTA) | Fixers and slow government service | complaints@arta.gov.ph |
| PNP Integrity Monitoring & Enforcement Group (IMEG) | Scalawag police officers | 0998-970-2286 |
| Office of the Ombudsman | Misconduct of public officials | (02) 8479-7300 |
| LTO / MMDA Hotlines | Traffic-related kotong | 136 (MMDA) |
5. Practical Tips for Victims
- Stay Calm: Do not show aggression, as this may give the officer a reason to escalate the situation.
- Identify: Note the officer’s name (from their badge), their vehicle plate number, and the exact time and location.
- Document: If safe to do so, record the interaction or take photos.
- No "Under the Table": Insist on a formal Violation Receipt (OVR) or a Notice of Violation. If they refuse to issue one and demand money instead, that is clear evidence of extortion.
Would you like me to draft a formal complaint letter template that you can use to report a specific incident to the Office of the Ombudsman or the PNP?