R.A. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT Summary Modes o !omm"##"$% !omm"##"$% a!#s &e$a'"(ed u$der #)e 'a* &ro+"ded u$der Se!#"o$ 3
(d) $ccepting $ccepting or having having any member member of his family family accept employment in a private enterprise !hich has pending official business !ith him a.
uri uring ng the the pen pende denc ncy y ther thereo eoff or
b.
*ithin *ithin one year year afte afterr its termin terminati ation. on.
(a) (a) Elem Elemen ents ts:: a.
The offend offender er is a publ public ic officer officer;; (e) (e) Elem Elemen ents ts::
b.
That he: i.
The acc accuse used d must must be be a publ public ic offic officer er discharging administrative, +udicial or official functions or a private person charged in conspiracy !ith the former ;
Perfo Perform rm an an act act that that viola violates tes rules rules and regulations duly promulgated by competent authority;
b.
'e must must have acted !ith manifest manifest partiality partiality,, evident bad faith or gross inecusable negligence; and
Perfo Perform rm an an offens offense e in conn connect ection ion !ith !ith his official duties; "#
c.
'is acti action on cause caused d any any undue undue in+u in+ury ry to any party, including including the government, or gave any private party un!arranted benefits, advantage or preference in the discharge of his functions
Persua Persuades des,, induced induced or influ influenc ence e another another public officer to: 1.
.
ii.
a.
$llo!s $llo!s hims himself elf to be be persuad persuaded, ed, induc induced ed or influenced to commit such violation or offense
(f) (f) Eleme lemen nts: ts: (b) (b) Elem Elemen ents ts:: a.
The offend offender er is is a public public employ employee; ee;
b.
That That he made made a re%u re%uest est or as&e as&ed d a gift gift;;
c.
The re%u re%uest est !as !as made made in in conne connect ction ion !ith !ith a transaction in the government; and
d.
a.
The publ public ic offic officer er negle neglecte cted d or refus refused ed to act act !ithout valid reason after due de mand has been made on him;
b.
#easo #easonab nable le time time has has elaps elapsed ed after after due due demand or re%uest;
c.
-uch -uch failu failure re to to act act is for the purpos purpose e of obtaining pecuniary or material benefit or advantage in favor of an interested party
'e has has the the right right to inte interve rvene ne in the transaction based on his official capacity
(c) (c) Elem Elemen ents ts:: a.
The offend offender er is a publ public ic officer officer;;
b.
That That he secu secured red or or obtain obtained ed a perm permit it or license for another person;
c.
That That he direc directly tlyin indir direct ectly ly re%ues re%uested ted any any pecuniary or material benefit i n consideration !ith the help given
(g) (g) Elem Elemen ents ts:: a.
That That the publi public c office officerr entered entered into into a cont contrac ractt or transaction on behalf of the government;
b.
That such contract contract is gross grossly ly disadv disadvanta antageous geous to the government
(h) (h) Elem Elemen ents ts::
a.
The accused is a public officer
a.
$c%uired by his office or by him
b.
'e has direct or indirect financial or pecuniary interest in any business, contract or transaction; and
b.
"n account of his official position to unauthoried persons, or
c.
That (a) he either intervenes or ta&es part in his official capacity in connection !ith such interest "# (b) prohibited from having such interest by the onstitution or by la!.
#eleasing such information in advance of its authoried release date.
Se!#"o$ ,. Prohibition on Members of Congress. (i) irectly or indirectly becoming interested, for personal gain, or having a material interest: a.
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/n any transaction or act re%uiring the approval of a board, panel or group i.
"f !hich he is a member, and
ii.
*hich eercises 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.
Se!#"o$ . Statement of assets and liabilities. -
*ithin the month of 2anuary of every other year thereafter, as !ell as upon the epiration of his term of office, or upon his resignation or separation from office,
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-hall prepare and file a true detailed and s!orn statement of assets and liabilities;
/nterest for personal gain shall be presumed.
(+) 0no!ingly approving or granting any license, permit, privilege or benefit in favour: a.
"f any person not %ualified for or not legally entitled to such license, permit, privilege or advantage, or
During term, unlawful to to ac%uire or receive any personal pecuniary interest in any specific business enterprise !hich !ill be directly and particularly favored or benefited by any la! or resolution authored by him previously approved or adopted by the ongress during the same term.
Se!#"o$ . Dismissal due to unexplained wealth
"f a mere representative or dummy of one !ho is not so %ualified or entitled.
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$n amount of property andor money manifestly out of proportion to his salary and to his other la!ful income, that fact shall be a ground for dismissal or removal.
(&) ivulging valuable information of a confidential character,
Se!#"o$ 1/. Termination of office. 3o public officer shall be allo!ed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this $ct or under the provisions of the #evised Penal ode o n bribery.
b.
