ANTI-GRAFT AND CORRUPT PRACTICES ACT IN THE PHILIPPINES
REPUBLIC ACT NO. 3019
(A DISCUSSION ON THE CORRUPT PRACTICES ACT OF PUBLIC OFFICERS FROM SECTIONS OF REPUBLIC ACT NO. 3019)
PHILIPPINE GOVERNMENT POLICY TOWARDS GRAFT AND CORRUPTION: IN LINE WITH THE PRINCIPLE THAT A PUBLIC OFFFICE 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.
REPUBLIC ACT 3019 WAS PROMOLGATED TO DETER PUBLIC OFFICIALS AND EMPLOYEES FROM COMMITTING ACTS OF DISHONESTY AND IMPROVE THE TONE OF MORALITY ON PUBLIC SERVICE (MORFE V. MUTUC, 22 SCRA 424)
GRAFT: is the dishonest use of public office for private gain. Graft is also defined as the act of taking advantage of one’s position to gain money, property, or something of value. Is also anything acquired by such illegal methods, an illicit profit form the government business.
CORRUPT: an act of being dishonest and open to bribery.
GOVERNMENT: As defined in this act is that includes the national government, the local government, the government-owned and controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branch.
PUBLIC OFFICER: Are those who are elective and appointive officials and employees, permanent of temporary (whether classified or unclassified or exempt service receiving compensation). Classified or unclassified or exempt service means that those career service and non-career service in the government.
RECEIVING ANY GIFT: Defined as the act of accepting directly or indirectly a gift from a person other than a member of the pubic 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.
PERSON : as defined here is any natural and juridical person, natural person are human being, juridical person are created by law.
R.A 3019 - Anti-Graft and Currupt Practices Act of the Philippines.
Corrupt Practices of Public Officers
- By persuading, inducing or influencing another public officer to:
a) violate rules and regulations duly promulgated by competent authority, or
b) commit an offense in connection with the duties of the latter; and
- By the public officer allowing himself to be persuaded, induced, or influenced by another public officer to commit such violation of offense.
- The accused at the time of the commission of the crime charged was a public officer;
- He has directly or indirectly requested or received a gift, present, share, percentage or benefit, for himself or for any other person;
- The accused requested or received the gift, present, share, percentage or benefit in connection with a contract or transaction with the Government; and
- The accused in his official capacity is required by law to intervene in the contract or transaction
- Accused is a public officer;
- He has directly or indirectly requested or received a gift, present or other pecuniary or material benefit for himself or for another person;
- The gift, percentage, etc. has been requested or received from a person for whom the accused has secured or obtained, or will secure such license or permit in any manner or capacity; and
- He requested or received the gift, present, etc., in consideration of the help given or will be given.
To distinguished bribery - Sections 3(b) and 3(c)
- In section 3(b) the gift, present, share, percentage or benefit requested or received is in connection with a contract or transaction between the Government and any other party, and under section3(c) the gift, percentage, etc., requested or receive is in connection with a government permit or license the crime of bribery on the other hand, whether direct or indirect, it is not limited to the performance or non-performance of official duties in connection with aforementioned contract, transaction, license or permit.
- accused is a public officer;
- He accepted, or had a member of his family accept, employment in a private enterprise;
- The private enterprise has a pending official business with the accused; and
- The acceptance of the employment by the accused or member of his family in said private enterprise occurred during the pendency of the official business or within one year after its termination.
- Accused is a public officer discharging official administrative or judicial functions or private persons in conspiracy with them;
- The public officer committed the prohibited act during the performance of his official duty in relation to his public position;
- The public officer acted with manifest partiality, evident bad faith or gross inexcusable negligence; and
- His action caused undue injury to the Government or any private party, or gave any party any unwarranted benefit, advantage or preference.