This page features the full text of Batas Pambansa Bilang 195
AN
ACT AMENDING SECTIONS EIGHT, NINE, TEN, ELEVEN, AND THIRTEEN OF
REPUBLIC ACT NUMBERED THIRTY HUNDRED
AND NINETEEN, OTHERWISE KNOWN AS
THE
ANTI-GRAFT AND CORRUPT PRACTICES ACT.
BATAS
PAMBANSA BILANG 195
.
AN
ACT AMENDING SECTIONS EIGHT, NINE, TEN, ELEVEN, AND THIRTEEN OF
REPUBLIC ACT NUMBERED THIRTY HUNDRED AND NINETEEN, OTHERWISE KNOWN AS
THE
ANTI-GRAFT AND CORRUPT PRACTICES ACT.
Section
1. Section 8 of Republic
Act No. 3019 is hereby amended to read as follows:chanroblesvirtuallawlibrary
"Sec.
8. Prima facie evidence
of and dismissal due to unexplained wealth. — If in accordance with the
provisions of Republic Act Numbered One thousand three hundred
seventy-nine,
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.
Properties
in the name of the spouse and dependents of such public official may be
taken into consideration, when their acquisition through legitimate
means
cannot be satisfactorily shown. Bank deposits in the name of or
manifestly
excessive expenditures incurred by the public official, his spouse or
any
of their dependents including but not limited to activities in any club
or association or any ostentatious display of wealth including frequent
travel abroad of a non-official character by any public official when
such
activities entail expenses evidently our of proportion to legitimate
income,
shall likewise be taken into consideration in the enforcement of this
section,
notwithstanding any provision of law to the contrary. The circumstances
hereinabove mentioned shall constitute valid ground for the
administrative
suspension of the public official concerned for an indefinite period
until
the investigation of the unexplained wealth is completed."
.
chan
robles virtual law library
Sec.
2. Section 9 of Republic
Act No. 3019 is hereby amended to read as follows:chanroblesvirtuallawlibrary
"Sec.
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 six years and one month
nor more than fifteen years, perpetual disqualification from public
office,
and confiscation or forfeiture in favor of the Government of any
prohibited
interest and unexplained wealth manifestly out of proportion to his
salary
and other lawful income.
"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
fair value of such thing.
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robles virtual law library
'(b)
Any public officer violating any of the provisions of Section 7 of this
Act shall be punished by a fine of not less than one thousand pesos nor
more than five thousand pesos, or by imprisonment not exceeding one
year
six months, or by both such fine and imprisonment, at the discretion of
the Court.
.
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robles virtual law library
"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."
Sec.
3. Section 10 of Republic
Act No. 3019 is hereby amended to read as follows:
"Sec.
10. Competent Court. — Until
otherwise provided by law, all prosecutions under this Act shall be
within
the original jurisdiction of the Sandiganbayan."
Sec.
4. Section 11 of Republic
Act No. 3019 is hereby amended to read as follows: .chanrobles virtual law library
"Sec.
11. Prescription of offenses.
— All offenses punishable under this Act shall prescribe in fifteen
years."
Sec.
5. Section 13 of Republic
Act No. 3019 is hereby amended to read as follows:
"Sec.
13. Suspension and loss
of benefits. — Any incumbent public officer against whom any criminal
prosecution
under a valid information under this Act or under Title 7, Book II of
the
Revised Penal Code or for any offense involving fraud upon government
or
public funds or property whether as a simple or as complex offense and
in whether stage of execution and mode of participation, 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.
.
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"In
the event that such convicted officer, who may have already been
separated
from the service, has already received such benefits he shall be liable
to restitute the same to the Government.".chanrobles virtual law library
Sec.
6. This Act shall take
effect upon its approval.
.
chan
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Approved:
March 16, 1982
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