QuestionsQuestions (Republic Act No. 3019)
It declares that, consistent with the principle that a public office is a public trust, the State will repress certain acts of public officers and private persons alike that constitute graft/corruption or may lead thereto.
“Government” includes the national government, local governments, GOCCs and other instrumentalities/agencies of the Republic and their branches. “Public officer” includes elective and appointive officials and employees (permanent or temporary) in classified, unclassified, or exempt service, receiving compensation (even nominal) from the government.
It includes accepting directly or indirectly a gift from a person other than the member of the immediate family of the public officer in behalf of the officer or any family member/relative within the fourth civil degree, even during family celebrations or national festivities, if the value is manifestly excessive under the circumstances.
Examples include: (1) persuading/inducing or being influenced to violate rules or commit offenses in connection with official duties; (2) requesting/receiving gifts in connection with contracts/transactions where the officer has to intervene; (3) requesting/receiving benefits from persons with secured/obtainable permits/licenses as consideration for help; (4) causing undue injury or giving unwarranted benefits through manifest partiality, evident bad faith, or gross inexcusable negligence; (5) entering contracts manifestly and grossly disadvantageous to the government; (6) knowingly approving licenses/permits for persons not qualified or not legally entitled; (7) divulging confidential information to unauthorized persons.
It penalizes directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit for oneself or another in connection with any contract or transaction between the Government and another party, when the public officer must intervene in the transaction in his official capacity.
It prohibits requesting or receiving any gift or pecuniary/material benefit from a person for whom the public officer, in any manner, has secured or obtained (or will secure/obtain) a government permit or license, as consideration for help given or to be given, without prejudice to Section 13.
It prohibits a public officer from accepting or allowing a member of his family to accept employment in a private enterprise that has pending official business with him during its pendency or within one year after termination.
It covers causing undue injury to any party (including the Government) or giving a private party unwarranted benefits/advantages/preferences in the discharge of official functions through manifest partiality, evident bad faith, or gross inexcusable negligence.
It prohibits a public officer from directly or indirectly having a financial/pecuniary interest in any business, contract, or transaction connected with which he intervenes or in which he is prohibited by the Constitution or law from having interest.
It prohibits any person having family or close personal relation with a public official from capitalizing/exploiting/taking advantage of that relationship by directly or indirectly requesting or receiving presents/gifts/material or pecuniary advantages from persons who have business/transactions/applications/contracts with the government where the public officer must intervene.
It prohibits the spouse or relatives within the third civil degree (by consanguinity or affinity) of the President, Vice-President, Senate President, or Speaker from intervening, directly or indirectly, in any business/transaction/contract/application with the Government.
The prohibition does not apply if: (1) prior to the assumption of office of the related official, the person was already dealing with the Government in the same line of business; (2) the transaction/contract/application already existed or was pending at assumption; (3) the approval is non-discretionary and depends only on compliance with legal/rule requirements; or (4) the act is lawfully performed in an official capacity or in the exercise of a profession.
During the term of election, it is unlawful for a Member to acquire or receive personal pecuniary interest in a specific business enterprise that will be directly and particularly favored or benefited by a law/resolution authored by him previously approved/adopted during the same term. It also extends to recommending initiation of a law/resolution and continued interest for thirty days after approval if the interest existed prior to approval.
Within thirty days after approval of the Act or after assuming office; within January of every other year thereafter; and upon expiration of term, resignation, or separation from office—filed with the appropriate office specified by their position.
If, under provisions of RA 1379, a public official is found to have acquired during incumbency property/money manifestly out of proportion to salary and lawful income, it is a ground for dismissal/removal. Acquisition by the spouse and unmarried children may be considered; bank deposits are included.
Imprisonment of not less than one year nor more than ten 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/other lawful income.
If a valid information for a criminal prosecution under RA 3019 or Revised Penal Code bribery is pending, the public officer shall be suspended from office. If convicted, he loses all retirement/gratuity benefits; if acquitted, he is entitled to reinstatement and salaries/benefits not received during suspension (unless administrative proceedings were filed in the meantime).
All offenses punishable under RA 3019 prescribe in ten (10) years.