RA NO 3019 Anti-Graft And Corrupt Practices Act
Persons Liable:
1. Any public officer who shall perform any of the following acts:
(1) Persuading, inducing or influencing another public officer
to perform an act constituting a violation of rules and
regulations duly promulgated by competent authority or an
offense in connection with the official duties of the latter,
or allowing himself to be persuaded, induced, or influenced
to commit such violation or offense.
NOTE: Persuasion need not be successful. The
gravamen of the offense is the persuasion.
(2) Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit for himself or for
any other person in connection with any contract or transaction
between the government and any other party wherein the public
officer in his official capacity has to intervene under the law.
(3) Directly, or indirectly requesting or receiving any gift,
present, or other pecuniary or material benefit, for himself
or for another, from any person for whom the public officer,
in any manner or capacity, has secured or obtained, or will
secure or obtain, any Government permit or license, in
consideration for the help given or to be given.
NOTE: If the act does not fall under b and c, then Art. 210,
direct bribery, may apply.
(4) Accepting or having any member of his family accept employment
in a private enterprise which has pending official business with
him during the pendency thereof or within one year after its
termination.
NOTE: The act is mala prohibita. Hence, the public official need
not have even recommended the employment.
(5) Causing any undue injury to any party, including the Government,
or giving any private party any unwarranted benefits, advantage,
or preference in the discharge of his official, administrative or
judicial function through manifest partiality, evident bad faith
or gross inexcusable negligence. This provision shall apply to
officers and employees of offices or government corporations
charged with the grant of licenses or permits or other concessions.
NOTES:
The best defense is that the partiality was not manifest. That
the partiality is manifest is a heavy burden on the prosecution.
Another defense is the Arias doctrine. The defense applies in a
case where the accused is an approving officer and is on trial for
signing an unjust contract.
The defense is that the approving officer relied on the prior
signatures of his subordinates and had no reason to suspect
wrong-doing and was swamped with a lot of documents on that day
that he signed.
There is no attempted or frustrated stage of the crime defined
in Sec. 3(e) of R.A. No. 3019.
(6) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on
any matter pending before him for the purpose of obtaining
directly or indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest or giving undue advantage
in favor of or discriminating against any other interested
party.
(7) Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the same,
whether or not the public officer profited or will profit thereby.
In determining whether the contract was manifestly and grossly
disadvantageous, it is not merely consideration of the
pecuniary amount involved.
(8) Directly or indirectly having financial or pecuniary interest
in any business, contract or transaction in connection with
which he intervenes or take part in his official capacity, or in
which he is prohibited by the constitution or by any law from
having any interest.
Under the Code of Professional Conduct, the public officer
MUST divest his interest.
(9) Directly or indirectly becoming interested, for personal gain,
or having a material interest in any transaction or act
requiring the approval of a board, panel, or group of which
he is a member, and which exercises discretion in such approval,
even if he votes against the same or does not participate in the
action of the board, committee, panel or group.
(10)Knowingly approving or granting any license, permit, privilege,
or benefit in favor of any person not qualified for or not
legally entitled to such license, permit, privilege, or
advantage, or of a mere representative or dummy of one who is
not so qualified or entitled.
(11)Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official
position to unauthorized persons, or releasing such
information in advance of its authorized release date
2. Any person having family or close personal relation with any public
official who shall capitalize or exploit or take advantage of such
family or close personal relation by directly or indirectly requesting
or receiving any present, gift, or material, or pecuniary advantage
from any person having some business, transaction, application,
request, or contract with the government in which such public
official has to intervene (Sec. 4)
3. Any person who shall knowingly induce or cause any public official
to commit any of the offenses under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or 3rd civil degree, of the
affinity, within the President of the Philippines, the Vice-President,
the President of the Senate, or Speaker of the House of
Representatives, who shall intervene, directly or indirectly, in any
business transaction, contract or application with the government
(Sec.5)
This prohibition shall not apply to:
1. Any person who, prior to the assumption of office of any of
the above officials to whom he is related, has been already
dealing with the government along the same line of business;
2. Any transaction, contract or application already existing or
pending at the time of such assumption of public office;
3. Any application filed by him, the approval of which is not
discretionary on the part of the official(s) concerned but
depends upon compliance with requisites provided by law,
or rules or regulations issued pursuant to law;
4. Any act lawfully performed in an official capacity or in
the exercise of a profession.
5. Any member of Congress, during the term for which he has been
elected, who shall acquire or receive any personal pecuniary
interest in any specific business enterprise which shall be
directly and particularly favored or benefited by any law or
resolution authored by him previously approved or adopted by
Congress during his term.
6. Any public officer who recommended the initiation in Congress
of the enactment or adoption of any law or resolution and
acquires or receives such interest during his incumbency.
Unlawful for such member of Congress or other public officer,
who, having such interest prior to the approval of such law or
resolution authored or recommended by him, continues for 30
days after such approval to retain such interest.
7. Any public officer who shall fail to file a true, detailed and
sworn statement of assets and liabilities within 30 days after
assuming office and thereafter on or before the 15 day of April
following the close of every calendar year, as well as upon the
expiration of his term of office, or upon his resignation or
separation from office (Sec. 7).
Prima Facie evidence Of and dismissal due to unexplained WEALTH (SEC.8)
1. If a public official has been found to have acquired during
his incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income.
2. Properties in the name of the spouse and dependents of such
public official may be taken into consideration, when their
acquisition through legitimate means cannot be satisfactorily shown.
3. Bank deposits in the name of or manifestly excessive expenditures
incurred by the public official, his spouse or any of their
dependents including but not limited to activities in any club
or association or any ostentatious display of wealth including
frequent travel abroad of a non-official character by any public
official when such activities entail expenses evidently out of
proportion to legitimate income.
NOTE: Competent court is the Sandiganbayan (Sec.10).
General Rule:
Prescriptive period is 15 years (Sec.11).
Exceptions: Unsolicited gifts or presents of small or
insignificant value offered or given as a mere
ordinary token of gratitude of friendship according
to local customs or usage, shall be excepted from
the provisions of this act (Sec. 14).
NOTES:
No public officer shall be allowed to resign or
retire pending an investigation
Suspension while pending in court after valid information
(cannot be automatic), and loss of benefits if convicted by
final judgment; maximum duration of preventive suspension is 90 days;
Acquittal - reinstatement and salaries and benefits which he
failed to receive
The courts are not bound by the statement of assets and liabilities
filed.
Penalty of forfeiture can be applied retroactively.
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Bigwas
I'm Bigwas. I have a degree in Criminology and Law.English is not my major. I'm a web developer by day and a blogger by night. I hope you learn something from my blog.
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