Title
Amendments to Anti-Graft Law Provisions
Law
Batas Pambansa Blg. 195
Decision Date
Mar 16, 1982
Amendments to the Anti-Graft and Corrupt Practices Act in the Philippines address the acquisition of unexplained wealth by public officials, increase penalties for unlawful acts, establish the jurisdiction of the Sandiganbayan for prosecutions, prescribe a fifteen-year limitation for offenses, and outline the suspension and benefits of incumbent officers facing criminal prosecution.

Law Summary

Penalties for Violations

  • Illegal acts under Sections 3, 4, 5, and 6 include imprisonment from 6 years and 1 month up to 15 years, perpetual disqualification from public office, and forfeiture of prohibited interests and unexplained wealth.
  • Complainants initiating prosecution are entitled to recover money or property they gave to the accused, with priority over government forfeiture.
  • Violation of Section 7 incurs fines between ₱1,000 and ₱5,000, imprisonment up to 1 year and 6 months, or both, plus grounds for administrative dismissal even without criminal prosecution.

Jurisdiction of Prosecutions

  • Until otherwise provided, the Sandiganbayan holds original jurisdiction over all prosecutions under this Act.

Prescription of Offenses

  • All offenses under the Act prescribe in 15 years from the time of commission.

Suspension and Loss of Benefits

  • Incumbent public officers facing criminal prosecutions under this Act or related laws are suspended pending final judgment.
  • Conviction results in loss of all retirement or gratuity benefits.
  • Acquitted officers are reinstated with back salaries unless administrative cases intervene.
  • Officials who already received benefits upon conviction must restitute these to the government.

Effectivity

  • The Act takes effect upon its approval.

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