Republic Act 3019 powerpoint

1. Republic Act 3019
ANTI-GRAFT
AND
CORRUPT
PRACTICES
ACT

2. 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.

3. Graft vs. Corruption
 as the act of taking
advantage of one’s position
to gain money, property,
etc. dishonesty
 graft is committed by an
individual
 associated with
dishonesty, lack of
integrity and bribery
 involves the collusion of
at least two parties.

4. 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.

5. 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.

6. 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 ill-gotten 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).

7. 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.

8. Republic Act 9435 (The
Anti-Red 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.

9. CORRUPT PRACTICES
OF PUBLIC OFFICERS

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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.

18. 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.

19. 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.

20. 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.

21. 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

22. 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

23. 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

24. 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

25. 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.

26. 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

27. 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

28. 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

29. 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

30. 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.

31. 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.

32. 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.

33.  (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.

34. 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

35. 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.

36. The Office of the
Ombudsman (OMB)
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.

37. 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.

38. 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.

39. Section 11. Prescription
of Offenses
 All offenses punishable under this Act
shall prescribe in ten years

40. 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.

41. 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.

42. 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.

43. 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 Nation Great, p.
36:President Jose P. Laurel)

44. Jona G. Suarez