REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 1. Statement of policy. It is the policy of the Philippine Government, 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.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.
(b) "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 as defined in the preceding subparagraph.
(c) "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...
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Republic Acts
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Republic Act No. 3019
Summary of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act)
Statement of Policy (Section 1)
- The Philippine government aims to repress acts of public officers and private persons that constitute graft or corrupt practices.
Definitions (Section 2)
- "Government" includes the national government, local governments, government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Philippines.
- "Public officer" includes elective and appointive officials and employees, permanent or temporary, receiving compensation from the government.
- "Receiving any gift" includes accepting a gift from a non-family member, if the value is manifestly excessive.
- "Person" includes natural and juridical persons.
Corrupt Practices of Public Officers (Section 3)
- Unlawful acts include:
• Persuading or influencing another public officer to violate rules or commit an offense (Section 3a).
• Requesting or receiving any gift, present, share, percentage, or benefit in connection with a government contract or transaction (Section 3b).
• Requesting or receiving any gift, present or benefit for securing a government permit or license (Section 3c).
• Accepting employment in a private enterprise with pending official business with the public officer (Section 3d).
• Causing undue injury or giving unwarranted benefits through partiality, bad faith or gross negligence (Section 3e).
• Neglecting or refusing to act on a matter to obtain pecuniary or material benefit (Section 3f).
• Entering into a manifestly disadvantageous contract or transaction for the government (Section 3g).
• Having a financial interest in a business, contract or transaction where the public officer intervenes (Section 3h).
• Having a material interest in a transaction requiring approval of a board or panel the public officer is a member of (Section 3i).
• Approving or granting a license, permit, privilege or benefit to an unqualified person (Section 3j).
• Divulging confidential information acquired through office (Section 3k).
Prohibition on Private Individuals (Section 4)
- It is unlawful for a person with family or close personal relation with a public official to take advantage of that relation by requesting or receiving any present, gift or advantage from someone with business or transaction with the government where the public official intervenes.
- It is unlawful for any person to knowingly induce or cause a public official to commit any of the offenses defined in Section 3.
Prohibition on Certain Relatives (Section 5)
- It is unlawful for the spouse or relative within the third civil degree of the President, Vice President, Senate President, or Speaker of the House of Representatives to intervene in any business, transaction, contract or application with the government, with some exceptions.
Prohibition on Members of Congress (Section 6)
- It is unlawful for a Member of Congress to acquire or receive any personal pecuniary interest in a specific business enterprise that will be directly and particularly favored or benefited by a law or resolution authored by the Member during the same term.
Statement of Assets and Liabilities (Section 7)
- Every public officer shall file a sworn statement of assets and liabilities, including sources of income, expenses, and income taxes paid, within 30 days of assuming office, every January, and upon separation from office.
Dismissal due to Unexplained Wealth (Section 8)
- If a public official has acquired an amount of property and/or money manifestly out of proportion to their salary and lawful income, that shall be a ground for dismissal or removal.
Penalties for Violations (Section 9)
- Any public officer or private person committing unlawful acts under Sections 3, 4, 5 and 6 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 of any prohibited interest and unexplained wealth.
- Any public officer violating Section 7 shall be punished by a fine of not less than 100 pesos nor more than 1,000 pesos, or by imprisonment not exceeding 1 year, or both.
Competent Court (Section 10)
- Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance.
Prescription of Offenses (Section 11)
- All offenses punishable under this Act shall prescribe in 10 years.
Termination of Office (Section 12)
- No public officer shall be allowed to resign or retire pending an investigation or prosecution against them for any offense under this Act or the Revised Penal Code on bribery.
Suspension and Loss of Benefits (Section 13)
- Any public officer against whom a criminal prosecution under this Act or the Revised Penal Code on bribery is pending in court shall be suspended from office. If convicted, they shall lose all retirement or gratuity benefits, but if acquitted, they shall be entitled to reinstatement and salaries and benefits during suspension, unless administrative proceedings have been filed.
Exception (Section 14)
- Unsolicited gifts or presents of small or insignificant value offered as a token of gratitude or friendship according to local customs or usage shall be excepted from the provisions of this Act.
- The practice of any profession, lawful trade or occupation by any private person or public officer is not prohibited, except where it involves conspiracy to commit violations penalized in this Act.
Separability Clause (Section 15)
- If any provision of this Act is declared invalid, the remainder of the Act shall not be affected.
Effectivity (Section 16)
- This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since assuming office shall be taken into consideration.
Statement of Policy (Section 1)
- The Philippine government aims to repress acts of public officers and private persons that constitute graft or corrupt practices.
Definitions (Section 2)
- "Government" includes the national government, local governments, government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Philippines.
- "Public officer" includes elective and appointive officials and employees, permanent or temporary, receiving compensation from the government.
- "Receiving any gift" includes accepting a gift from a non-family member, if the value is manifestly excessive.
- "Person" includes natural and juridical persons.
Corrupt Practices of Public Officers (Section 3)
- Unlawful acts include:
• Persuading or influencing another public officer to violate rules or commit an offense (Section 3a).
• Requesting or receiving any gift, present, share, percentage, or benefit in connection with a government contract or transaction (Section 3b).
• Requesting or receiving any gift, present or benefit for securing a government permit or license (Section 3c).
• Accepting employment in a private enterprise with pending official business with the public officer (Section 3d).
• Causing undue injury or giving unwarranted benefits through partiality, bad faith or gross negligence (Section 3e).
• Neglecting or refusing to act on a matter to obtain pecuniary or material benefit (Section 3f).
• Entering into a manifestly disadvantageous contract or transaction for the government (Section 3g).
• Having a financial interest in a business, contract or transaction where the public officer intervenes (Section 3h).
• Having a material interest in a transaction requiring approval of a board or panel the public officer is a member of (Section 3i).
• Approving or granting a license, permit, privilege or benefit to an unqualified person (Section 3j).
• Divulging confidential information acquired through office (Section 3k).
Prohibition on Private Individuals (Section 4)
- It is unlawful for a person with family or close personal relation with a public official to take advantage of that relation by requesting or receiving any present, gift or advantage from someone with business or transaction with the government where the public official intervenes.
- It is unlawful for any person to knowingly induce or cause a public official to commit any of the offenses defined in Section 3.
Prohibition on Certain Relatives (Section 5)
- It is unlawful for the spouse or relative within the third civil degree of the President, Vice President, Senate President, or Speaker of the House of Representatives to intervene in any business, transaction, contract or application with the government, with some exceptions.
Prohibition on Members of Congress (Section 6)
- It is unlawful for a Member of Congress to acquire or receive any personal pecuniary interest in a specific business enterprise that will be directly and particularly favored or benefited by a law or resolution authored by the Member during the same term.
Statement of Assets and Liabilities (Section 7)
- Every public officer shall file a sworn statement of assets and liabilities, including sources of income, expenses, and income taxes paid, within 30 days of assuming office, every January, and upon separation from office.
Dismissal due to Unexplained Wealth (Section 8)
- If a public official has acquired an amount of property and/or money manifestly out of proportion to their salary and lawful income, that shall be a ground for dismissal or removal.
Penalties for Violations (Section 9)
- Any public officer or private person committing unlawful acts under Sections 3, 4, 5 and 6 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 of any prohibited interest and unexplained wealth.
- Any public officer violating Section 7 shall be punished by a fine of not less than 100 pesos nor more than 1,000 pesos, or by imprisonment not exceeding 1 year, or both.
Competent Court (Section 10)
- Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance.
Prescription of Offenses (Section 11)
- All offenses punishable under this Act shall prescribe in 10 years.
Termination of Office (Section 12)
- No public officer shall be allowed to resign or retire pending an investigation or prosecution against them for any offense under this Act or the Revised Penal Code on bribery.
Suspension and Loss of Benefits (Section 13)
- Any public officer against whom a criminal prosecution under this Act or the Revised Penal Code on bribery is pending in court shall be suspended from office. If convicted, they shall lose all retirement or gratuity benefits, but if acquitted, they shall be entitled to reinstatement and salaries and benefits during suspension, unless administrative proceedings have been filed.
Exception (Section 14)
- Unsolicited gifts or presents of small or insignificant value offered as a token of gratitude or friendship according to local customs or usage shall be excepted from the provisions of this Act.
- The practice of any profession, lawful trade or occupation by any private person or public officer is not prohibited, except where it involves conspiracy to commit violations penalized in this Act.
Separability Clause (Section 15)
- If any provision of this Act is declared invalid, the remainder of the Act shall not be affected.
Effectivity (Section 16)
- This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since assuming office shall be taken into consideration.