REPUBLIC ACTS
This page features the full text of
Republic
Act No. 3019.
Anti-Graft and Corrupt Practices
Act
REPUBLIC
ACT NO. 3019
ANTI-GRAFT
AND CORRUPT PRACTICES ACT
Sec. 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.
Sec. 2. Definition
of terms. - As used in this Act, the 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. chan
robles
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(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 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.
(d) "Person"
includes natural and juridical persons, unless the context
indicates
otherwise.
Sec. 3. Corrupt
practices of public officers. - 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.
(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 part,
wherein
the public officer in his official capacity has to intervene under the
law.
(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.
(d)
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 its termination.
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(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.
(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.
(h)
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.
(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.
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(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.
Sec. 4. Prohibition
on private individuals. - (a) It shall be unlawful for any person
having
family or close personal relation with any public official to
capitalize
or exploit or take advantage of such family or close personal relation
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. Family relation shall include
the
spouse or relatives by consanguinity or affinity in the third civil
degree.
The word "close personal relation" shall include close personal
friendship, social and fraternal connections, and professional
employment
all giving rise to intimacy which assures free access to such public
officer.
(b) It shall
be unlawful for any person knowingly to induce or cause any public
official
to commit any of the offenses defined in Section 3 hereof.
Sec. 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: Provided, That this section shall
not
apply to 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, nor to any transaction,
contract
or application already existing or pending at the time of such
assumption
of public office, nor to 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, nor to any act lawfully performed
in
an official capacity or in the exercise of a profession.
Sec. 6. Prohibition
on Members of Congress. - It shall be unlawful hereafter for any
Member
of the Congress during the term for which he has been elected, to
acquire
or receive any personal pecuniary interest in any specific business
enterprise
which will be directly and particularly favored or benefited by any law
or resolution authored by him previously approved or adopted by the
Congress
during the same term.
The
provision
of this section shall apply to 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.
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It shall
likewise
be unlawful for such member of Congress or other public officer, who,
having
such interest prior to the approval of such law or resolution authored
or recommended by him, continues for thirty days after such approval to
retain such interest.
Sec. 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, as well as upon the
expiration
of his term of office, or upon his resignation or separation from
office,
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, with the Office of the President, or in the case of members of
the Congress and the officials and employees thereof, with the Office
of
the Secretary of the corresponding House, 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:
Provided,
That public officers assuming office less than two months before the
end
of the calendar year, may file their statements in the following months
of January.
Sec. 8.
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 unmarried children of such public
official
may be taken into consideration, when their acquisition through
legitimate
means cannot be satisfactorily shown. Bank deposits shall be taken into
consideration in the enforcement of this section, notwithstanding any
provision
of law to the contrary.
Sec. 9. Penalties
for violations. - (a) Any public officer or private person
committing
any of the unlawful acts or omissions enumerated in Section s 3, 4, 5
and
6 of this Act shall be punished with imprisonment for not less than one
year nor more than ten 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
value
of such thing. chan robles
virtual
law library
(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.
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. 10.
Competent court. - Until otherwise provided by law, all
prosecutions
under this Act shall be within the original jurisdiction of the proper
Court of First Instance (now Regional Trial Court).
Sec. 11. Prescription
of offenses. - All offenses punishable under this Act shall
prescribe
in ten (10) years.
Sec. 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.
Sec. 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 Codeon
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.
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Sec. 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.
Nothing in
this
Act shall be interpreted to prejudice or prohibit the practice of any
profession,
lawful trade or occupation by any private person or by any public
officer
who under the law may legitimately practice his profession, trade or
occupation,
during his incumbency, except where the practice of such profession,
trade
or occupation involves conspiracy with any other person or public
official
to commit any of the violations penalized in this Act.
Sec. 15. Separability
clause. - If any provision of this Act or the application of such
provision
to any person or circumstances is declared invalid, the remainder of
the
Act or the application of such provision to other persons or
circumstances
shall not be affected by such declaration.
Sec. 16. Effectivity.
- This Act shall take effect on its approval, but for the purpose of
determining
unexplained wealth, all property acquired by a public officer since he
assumed office shall be taken into consideration.
Approved:
August 17, 1960
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