QuestionsQuestions (Republic Act No. 7607)
B.P. Blg. 195 amended Sections 8, 9, 10, 11, and 13 of Republic Act (R.A.) No. 3019 (Anti-Graft and Corrupt Practices Act).
If a public official is found to have acquired during incumbency an amount of property and/or money manifestly out of proportion to salary and other lawful income, that fact is a ground for dismissal or removal.
Properties in the name of the spouse and dependents may be taken into consideration, even if not in the official’s name, especially when acquisition through legitimate means cannot be satisfactorily shown.
Yes. It includes bank deposits in the name of the public official or manifestly excessive expenditures incurred by the public official, spouse, or dependents—such as activities in clubs/associations and ostentatious display of wealth, including frequent travel abroad of a non-official character, when expenses are evidently out of proportion to legitimate income.
They constitute valid ground for administrative suspension of the public official concerned for an indefinite period until the investigation of the unexplained wealth is completed.
Imprisonment of not less than six years and one month nor more than fifteen years; perpetual disqualification from public office; and confiscation/forfeiture in favor of the Government of prohibited interest and unexplained wealth manifestly out of proportion to salary and other lawful income.
If the criminal prosecution was initiated at the complaint of the complaining party, then upon conviction, the complaining party may recover in the criminal action with priority over the forfeiture in favor of the Government the amount of money or the thing given to the accused, or the fair value of such thing.
A fine of not less than PHP 1,000 nor more than PHP 5,000, or imprisonment not exceeding one year and six months, or both, at the discretion of the court.
Yes. The violation proven in a proper administrative proceeding is sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted.
Until otherwise provided by law, all prosecutions under the Anti-Graft and Corrupt Practices Act are within the original jurisdiction of the Sandiganbayan.
All offenses punishable under the Act prescribe in fifteen (15) years.
When against the incumbent there is any criminal prosecution under a valid information under R.A. 3019, Title 7, Book II of the Revised Penal Code, or for any offense involving fraud upon government or public funds or property, pending in court—regardless of stage or mode of participation.
He shall lose all retirement or gratuity benefits under any law.
He shall be entitled to reinstatement and to the salaries and benefits he failed to receive during suspension, unless administrative proceedings have been filed against him in the meantime.
He shall be liable to restitute the benefits he already received to the Government.