Question & AnswerQ&A (BATAS PAMBANSA BLG. 195)
It amends sections of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, particularly on grounds for dismissal due to unexplained wealth, penalties, competent court jurisdiction, prescription of offenses, and suspension of public officials.
The acquisition of property and/or money manifestly out of proportion to a public official's salary and lawful income, including properties in the name of spouse and dependents if not satisfactorily shown to be legitimately acquired.
Yes, properties and bank deposits in the name of the spouse and dependents may be taken into consideration if their legitimate acquisition cannot be satisfactorily shown.
Manifestly excessive expenditures, including bank deposits, ostentatious displays of wealth, activities in clubs or associations, and frequent non-official travels abroad with expenses evidently out of proportion to income.
It is grounds for dismissal or removal, and can lead to the administrative suspension of the public official for an indefinite period until the investigation is completed.
Imprisonment from six years and one month to fifteen years, perpetual disqualification from public office, and forfeiture of any prohibited interest and unexplained wealth.
The complaining party is entitled to recover, with priority over government forfeiture, the amount or value of money or things given to the accused once the accused is convicted.
A fine of not less than 1,000 pesos and not more than 5,000 pesos, or imprisonment not exceeding 1 year and 6 months, or both, plus removal or dismissal in administrative proceedings even if no criminal prosecution is filed.
The Sandiganbayan has original jurisdiction until otherwise provided by law.
Fifteen years.
The official shall be suspended from office during the pendency of the case.
He shall lose all retirement or gratuity benefits under any law.
He is entitled to reinstatement and payment of salaries and benefits withheld during suspension unless administrative proceedings are filed in the meantime.
He shall be liable to restitute these benefits to the government.