Amendments to Anti-Graft Law Provisions

Section 8 establishes that if, during incumbency, a public official is found to have acquired 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.
Section 8 provides that property acquired in the name of the public official, or in the name of other persons, during incumbency may be considered for this ground.
Section 8 requires consideration of properties in the names of the spouse and dependents of the public official when their acquisition through legitimate means cannot be satisfactorily shown.
Section 8 includes bank deposits in the name of the public official and manifestly excessive expenditures incurred by the public official, spouse, or dependents, including club/association activities and ostentatious displays of wealth, and frequent travel abroad of a non-official character, when those activities entail expenses evidently out of proportion to legitimate income.
Section 8 provides that the described circumstances constitute valid ground for administrative suspension of the concerned public official for an indefinite period until the investigation of the unexplained wealth is completed.

Section 9(a) imposes that any public officer or private person committing unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of Republic Act No. 3019 is punished by:
- imprisonment of not less than six years and one month nor more than fifteen years; and
- 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 salary and other lawful income.
Section 9(a) grants to the complaining party at whose complaint the criminal prosecution was initiated, that upon conviction, the complaining party is entitled to 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.
Section 9(b) provides that any public officer violating any provision of Section 7 of Republic Act No. 3019 is punished by:
- a fine of not less than one thousand pesos nor more than five thousand pesos, or
- imprisonment not exceeding one year and six months, or
- both such fine and imprisonment, at the discretion of the Court.
Section 9(b) states that if the violation of Section 7 is proven in a proper administrative proceeding, it is sufficient cause for removal or dismissal of a public officer even if no criminal prosecution is instituted.

Section 10 provides that until otherwise provided by law, all prosecutions under Republic Act No. 3019 fall within the original jurisdiction of the Sandiganbayan.

Section 11 provides that all offenses punishable under Republic Act No. 3019 prescribe in fifteen years.

Section 13 requires that any incumbent public officer against whom any criminal prosecution under a valid information under Republic Act No. 3019, or under Title 7, Book II of the Revised Penal Code, or for any offense involving fraud upon government or public funds or property is pending in court is suspended from office.
Section 13 applies regardless of:
- whether the case is a simple or complex offense,
- and regardless of the stage of execution and mode of participation.
Section 13 provides that upon final conviction, the convicted officer loses all retirement or gratuity benefits under any law.
Section 13 provides that if the officer is acquitted, the officer is entitled to reinstatement and to the salaries and benefits not received during suspension, unless administrative proceedings have been filed against the officer in the meantime.
Section 13 requires that if a convicted officer has already been separated from service and has already received such benefits, the officer is liable to restitute the benefits to the Government.