RA 3019- ANTI GRAFT AND CORRUPT PRACTICES ACT person interested in the matter some pecuniary or
material benefit or advantage, or for the purpose of
• It is the policy of the Philippine Government, in
favoring his own interest or giving undue advantage in
line with the principle that a public office is a public
favor of or discriminating against any other interested
trust, to repress certain acts of public officers and
party.
private persons alike which constitute graft or corrupt
practices or which may lead thereto. 7. Entering, on behalf of the Government, into any
contract or transaction manifestly and grossly
ACTS OR OMISSIONS
disadvantageous to the same, whether or not the public
1. Persuading, inducing or influencing another officer profited or will profit thereby.
public officer to perform an act constituting a violation
8. Directly or indirectly having financing or
of rules and regulations duly promulgated by competent
pecuniary interest in any business, contract or
authority or an offense in connection with the official
transaction in connection with which he intervenes or
duties of the latter, or allowing himself to be persuaded,
takes part in his official capacity, or in which he is
induced, or influenced to commit such violation or
prohibited by the Constitution or by any law from
offense.
having any interest.
2. Directly or indirectly requesting or receiving any
9. Directly or indirectly becoming interested, for
gift, present, share, percentage, or benefit, for himself
personal gain, or having a material interest in any
or for any other person, in connection with any contract
transaction or act requiring the approval of a board,
or transaction between the Government and any other
panel or group of which he is a member, and which
part, wherein the public officer in his official capacity
exercises discretion in such approval, even if he votes
has to intervene under the law.
against the same or does not participate in the action of
3. Directly or indirectly requesting or receiving any the board, committee, panel or group. Interest for
gift, present or other pecuniary or material benefit, for personal gain shall be presumed against those public
himself or for another, from any person for whom the officers responsible for the approval of manifestly
public officer, in any manner or capacity, has secured or unlawful, inequitable, or irregular transaction or acts by
obtained, or will secure or obtain, any Government the board, panel or group to which they belong.
permit or license, in consideration for the help given or
10. Knowingly approving or granting any license,
to be given, without prejudice to Section thirteen of this
permit, privilege or benefit in favor of any person not
Act.
qualified for or not legally entitled to such license,
4. Accepting or having any member of his family permit, privilege or advantage, or of a mere
accept employment in a private enterprise which has representative or dummy of one who is not so qualified
pending official business with him during the pendency or entitled.
thereof or within one year after its termination.
11. Divulging valuable information of a confidential
5. Causing any undue injury to any party, including character, acquired by his office or by him on account of
the Government, or giving any private party any his official position to unauthorized persons, or
unwarranted benefits, advantage or preference in the releasing such information in advance of its authorized
discharge of his official administrative or judicial release date.
functions through manifest partiality, evident bad faith
or gross inexcusable negligence. This provision shall
apply to officers and employees of offices or • R.A. 3019 also contains provisions in reference
government corporations charged with the grant of to private individuals. The said law prohibits
licenses or permits or other concessions. persons who have family or close personal
relations with a public official to take advantage
6. Neglecting or refusing, after due demand or
thereof by requesting or receiving gifts or
request, without sufficient justification, to act within a
pecuniary advantage from persons who have
reasonable time on any matter pending before him for
business transactions with such public official. It
the purpose of obtaining, directly or indirectly, from any
also prohibits the spouse or any relative within EXCEPTION
the 3rd civil degree of the President, Vice-
• Exception. Unsolicited gifts or presents of small
President, the Senate President and the Speaker
or insignificant value offered or given as a mere
of the House of Representatives to intervene in
ordinary token of gratitude or friendship
any business or transaction with the
according to local customs or usage, shall be
Government, subject to certain exceptions
excepted from the provisions of this Act.
SALN
• Compare with RPC and PD 46 (it
• May result to dismissal for unexplained wealth punishable for any public official or
employee, to receive, directly or
Whether in the name of public official
indirectly, and for private persons to
or some other person
give, or offer to give, any gift, present or
Includes assets of spouse and other valuable thing to any occasion,
unmarried children including Christmas, when such gift,
present or other valuable thing is given
When acquisition cannot through by reason of his official position,
legitimate means cannot be regardless of whether or not the same
satisfactorily shown is for past favor or favors or the giver
R.A. 9160 (Anti Money Laundering Act) hopes or expects to receive a favor or
better treatment in the future from the
R.A. 1379 (Act Declaring Forfeiture of Ill Gotten Wealth public official or employee concerned in
of Public Officers the discharge of his official functions.
PENALTIES Included within the prohibition is the
throwing of parties or entertainments in
• Dismissal honor of the official or employees or his
immediate relatives)
• (a) Any public officer or private person
committing any of the unlawful acts or • Compare with RA 6713 (Public officials
omissions enumerated in Sections 3, 4, 5 and 6 and employees shall not solicit or
of this Act shall be punished with imprisonment accept, directly or indirectly, any gift,
for not less than one year nor more than ten gratuity, favor, entertainment, loan or
years, perpetual disqualification from public anything of monetary value from any
office, and confiscation or forfeiture in favor of person in the course of their official
the Government of any prohibited interest and duties or in connection with any
unexplained wealth manifestly out of operation being regulated by, or any
proportion to his salary and other lawful transaction which may be affected by
income. the functions of their office.)
Any complaining party at whose complaint the criminal
prosecution was initiated shall, in case of conviction of
the accused, be entitled to recover in the criminal
action with priority over the forfeiture in favor of the
Government, the amount of money or the thing he may
have given to the accused, or the value of such thing.
(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 one
year, or by both such fine and imprisonment, at the
discretion of the Court.
