Republic Act 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
What Is the Meaning of Graft & Corruption?
Technically, corruption covers an entire host of abuses, of which graft is one. Graft and corruption are charges that are typically leveled at highly-placed government officials, who are able to use public funds to improve their own fortunes due to increased access, influence, knowledge or power that comes with an elevated position.
What Is the Meaning of Graft & Corruption?
Technically, corruption covers an entire host of abuses, of which graft is one. Graft and corruption are charges that are typically leveled at highly-placed government officials, who are able to use public funds to improve their own fortunes due to increased access, influence, knowledge or power that comes with an elevated position.
Graft
vs.
as the act of taking advantage of one’s position to gain money, property, etc. dishonestly graft is committed by an individual
Corruption
associated with dishonesty, lack of integrity and bribery
involves the collusion of at least two parties
.
Anti-Graft Laws
The 1987 Philippine Constitution
Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.
Republic Act 6713
This act promotes a high standard of ethics and requires all government personnel to make an accurate statement of assets and liabilities, disclose net worth and financial connections. It also requires new public officials to divest ownership in any private enterprise within 30 days from assumption of office to avoid conflict of interest.
Republic Act No. 7080 (Act Defining and Penalizing the Crime of Plunder)
This act penalizes any public officer who by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, accumulates or acquires illgotten wealth, through a combination of series of event criminal acts, an aggregate amount to total value of at least fifty million pesos (P50,000,000).
Republic Act 9160 (The Anti-Money Laundering Act of 2001)
The law defines “money laundering” as a crime whereby the proceeds of an unlawful activity such as plunder, robbery and extortion, jueteng (an illegal type of lottery) and smuggling are transacted, thereby making them to appear as originating from legitimate sources.
Republic Act 9435 (The AntiRed Tape Act of 2007)
This law aims to improve the efficiency in the delivery of government service to the public by reducing bureaucratic red tape and preventing graft and corruption.
CORRUPT PRACTICES OF PUBLIC OFFICERS
Section 3a RA 3019
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
Elements A. The offender is a public officer;
B. That he:
Persuades, induced or influence another public officer to perform an act that violates rules and regulations duly promulgated by competent authority
Elements
Persuades, induced or influenced the other public officer to perform an offense in connection with his official duties OR
Allows himself to be persuaded, induced or influenced to commit such violation or offense
Section 3b of RA 3019 Directly or indirectly requesting or receiving any gift, present, share xx for benefit of 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
Elements
The offender is a public employee; That he made a request or asked a gift; The request was made in connection with a transaction in the government; and He has the right to intervene in the transaction based on his official capacity
Section 3c of RA 3019 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, without prejudice to Section 13 of this Act
Elements
The offender is a public officer; That he secured or obtained a permit or license for another person; That he directly/indirectly requested any pecuniary or material benefit in consideration with the help given
Section 3d of RA 3019 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 termination.
Section 3e of RA 3019 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 functions 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.
Elements
The accused must be a public officer discharging administrative, judicial or official functions or a private person charged in conspiracy with the former ;
He must have acted with manifest partiality, evident bad faith or gross inexcusable negligence; and
His action caused any undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage or preference in the discharge of his functions.
Section 3f of RA 3019
Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for purpose of obtaining, from any person some pecuniary or material benefit or giving undue advantage in favor of or discriminating against any other interested party.
Elements
The public officer neglected or refused to act without valid reason after due demand has been made on him;
Reasonable time has elapsed after due demand or request;
Such failure to act is for the purpose of obtaining pecuniary or material benefit or advantage in favor of an interested party
Section 3g of RA 3019
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
Elements
That the public officer entered into a contract or transaction on behalf of the government;
That such contract is grossly disadvantageous to the government
Section 3h of RA 3019
Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest
Elements
The accused is a public officer
He has direct or indirect financial or pecuniary interest in any business, contract or transaction; and
That (a) he either intervenes or takes part in his official capacity in connection with such interest OR (b) prohibited from having such interest by the Constitution or by law.
Section 3i of RA 3019
Directly or indirectly becoming interested for personal gain, or having 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
Section 3j of RA 3019 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 or privilege or advantage or of a mere representative or dummy of one who is not qualified or entitled
Section 3k of RA 3019
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
Section 5: Prohibition on certain relatives
It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government
Section 7. Statement of Assets and Liabilities
Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year.
Section 8. Dismissal due to Unexplained Wealth
If in accordance with the provisions of Republic Act 1379 (ill-gotten wealth), 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, that fact shall be a ground for dismissal or removal.
Section 9. Penalties for Violations
(a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than 1 year nor more than 10 years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth.
(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding 1 year, or by both such fine and imprisonment, at the discretion of the Court.
** The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.
Section 10. Competent Courts
Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended
Sandigan Bayan
The Sandiganbayan is the anti-graft court of the Philippines. It has jurisdiction over civil and criminal cases involving graft and corrupt practices and such other offenses committed by public officers and employees. It is in charge of maintaining morality, integrity and efficiency in the public service.
CONSTITUTIONAL ANTI- CORRUPTION BODIES
The Office of the Ombudsman (OMB) The Office of the Ombudsman investigates and acts on complaints filed against public officials and employees, and serves as the “people’s watchdog” of the government.
The Civil Service Commission (CSC) The CSC being the central personnel agency of the government, it has jurisdiction over administrative cases including graft and corruption brought before it on appeal, in accordance with public accountability.
The Commission on Audit (COA) The COA is the watchdog of the financial operations of the government. It is empowered to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property under the custody of government agencies and instrumentalities. It shall promulgate accounting and auditing rules and regulations for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or use of government funds and properties.
Section 11. Prescription of Offenses All offenses punishable under this Act shall prescribe in ten years
Section 12. Termination of Office
No public officer shall be allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits.
Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.
Section 14. Exception
Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.
Food for Thought
“To be poor and honorable is a thousand times better than amassing all the riches in the world at the cost of one’s good. We should strive, therefore, to keep our reputation unblemished to the end of our days and ever bear in mind that an honored name is the most precious legacy which we can leave to our children and our children’s children”
(From Forces that Make a 36:President Jose P. Laurel)
Nation
Great,
p.
