RA 3019, Aug. 17, 1960
I.PURPOSE (Sec. 1)
In line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.
II.DEFINITION OF TERMS (Sec. 2)
GOVERNMENT – includes the national government, the local governments, the government-owned and –controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches
PUBLIC OFFICER – includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government
RECEIVING ANY GIFT – includes the act of accepting directly or indirectly a gift from a person other than a member of the public officer’s immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like Christmas, if the value of the gift is under the circumstances manifestly excessive
PERSON – includes natural and juridical persons unless the context indicates otherwise
III.CORRUPT PRACTICES OF PUBLIC OFFICERS (Sec. 3)
In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(a) 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.
- Here the inducer and the induced are punished
(b) 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.
- “TRANSACTION” is analogous to “CONTRACT” so does not include preliminary investigation (not a contract)
- Amount or value is immaterial
(c) 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 thirteen of this Act.
- A form of extortion
(d) Accepting or having any member of his family accept which has employment in a private enterprisepending official business with him during the pendency thereof or within one year after its termination.
(e) 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 is a public officer or private person in conspiracy with public officer
- Said public officer commits the prohibited acts during the performance of his or her official duties or in relation to his or her public positions
- He or she causes undue injury to any party, whether the government or a private party
- Such undue injury is caused by giving unwarranted benefits, advantage or preference to such parties
- Public officer has acted with manifest partiality, evidence bad faith or gross inexcusable negligence
- “UNDUE INJURY” is synonymous to actual damages so it must be proven
- “UNWARRANTED BENEFITS” means baseless/unjustifiable benefits
- “MANIFEST PARTIALITY” refers to obvious bias
- “BAD FAITH” connotes a dishonest purpose or breach of sworn duty through ill-will
- “GROSS INEXCUSABLE NEGLIGENCE” means lack or want of slight care or omission of care which an inattentive or thoughtless man gives to his own property
(f) 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.
(g) 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.
- Overpricing
(h) Directly or indirectly having financing 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.
(i) 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.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they belong.
(j) 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.
(k) 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.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.
IV.PROHIBITION ON PRIVATE INDIVIDUALS (Sec. 4)
- Capitalizing or exploiting or taking advantage of family or close personal relation with any public official by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene (“Influence-peddling”)
- Knowingly inducing or causing any public official to commit any of the offenses defined in Sec. 3
FAMILY RELATION – include the spouse or relatives by consanguinity or affinity in the third civil degree
CLOSE PERSONAL RELATION – include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer
V.PROHIBITION ON CERTAIN RELATIVES (Sec. 5)
A.COVERED: spouse or any relative, by consanguinity or affinity, within the third civil degree, of the President, Vice-President, Senate President and House Speaker, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government
B.EXCEPTION: 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
- Any transaction, contract or application already existing or pending at the time of such assumption of public office
- Any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law
- Any act lawfully performed in an official capacity or in the exercise of a profession
VI.PROHIBITION ON MEMBERS OF CONGRESS (Sec. 6)
A.COVERED:
- Any Member of Congress during the term for which he has been elected
- Any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency
B.ACTS PROHIBITED:
- Acquiring or receiving any personal pecuniary interest in any specific business enterprise which will be directly and particularly favoured or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term
- 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
VII.STATEMENT OF ASSETS AND LIABILITIES (Sec. 7)
A.COVERED: every public officer
B.WHEN:
- Within 30 days from approval of this Act or after assuming office
- Within the month of January of every other year thereafter
- Upon expiration of his term of office, or upon resignation or separation from office
VIII.DISMISSAL DUE TO UNEXPLAINED WEALTH (Sec. 8)
- 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
- Including properties in the name of the spouse and unmarried children, when their acquisition through legitimate means cannot be satisfactorily shown
As well as bank deposits (exception to the Secrecy of Bank Deposits Act)
IX.COMPETENT COURT (Sec. 10)
Sandiganbayan (OJ) → appeal to SC
X.PRESCRIPTION (Sec. 11)
- 10 years
XI.TERMINATION OF OFFICE (Sec. 12)
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.
XII.SUSPENSION AND LOSS OF BENEFITS (Sec. 13)
PREVENTIVE SUSPENSION: mandatory 90-day period (3 mos, no more no less) by Sandiganbayan
- Hearing is mandatory, which is complied: (1) if prosecution files a motion for preventive suspension; (2) accused files a motion to quash the information; or (3) if (1) or (2) does not happen, the Sandiganbayan will issue a “show-cause” order
- Distinguish from preventive suspension (60 days) by Ombudsman for administrative charges; the period is extendible
PURPOSE: (1) to prevent him from intimidating the witnesses or destroying evidence; (2) to avoid further acts of malfeasance while in office
CONVICTION: lose all retirement and gratuity benefits, except terminal leave pay
ACQUITTAL: 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
XIII.EXCEPTION (Sec. 14)
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
