Title
Supreme Court
Anti-Graft and Corrupt Practices Act overview
Law
Republic Act No. 3019
Decision Date
Aug 17, 1960
The Anti-Graft and Corrupt Practices Act is a Philippine law that aims to combat corruption by public officers and private individuals, prohibiting acts such as accepting gifts, influencing others to commit offenses, and divulging confidential information, with penalties including imprisonment and confiscation of wealth.

Law Summary

Definitions

  • "Government" includes the national and local governments, government-owned and controlled corporations, and all instrumentalities of the Republic.
  • "Public officer" refers to elective and appointive officials and employees, permanent or temporary, compensated by the government.
  • "Receiving any gift" includes accepting, directly or indirectly, gifts from non-family members, for oneself or relatives within the fourth civil degree, especially if the gift is manifestly excessive.
  • "Person" covers both natural and juridical entities unless context indicates otherwise.

Corrupt Practices of Public Officers

Several unlawful acts by public officers constitute corrupt practices, including:

  • Persuading or being persuaded to violate laws or rules related to official duties.
  • Requesting or receiving gifts or benefits connected to government contracts or permits.
  • Employing family members in private enterprises that have pending transactions with the public officer.
  • Causing undue injury to any party or granting unwarranted benefits through misconduct.
  • Neglecting duties for personal gain or favoring interests improperly.
  • Entering into government contracts that are grossly disadvantageous.
  • Having financial interest in business related to official functions or prohibited by law.
  • Approving benefits or licenses unlawfully.
  • Disclosing confidential information improperly.
  • Parties involved in giving gifts or employing relatives as described are also punishable and may be disqualified from government transactions.

Prohibition on Private Individuals

  • It is unlawful for persons with family or close personal ties to a public official to exploit such relationship to solicit or receive advantages in transactions involving the government.
  • Close personal relation includes close friendship, social or professional connections that assure access to the official.
  • It is also illegal to induce public officials to commit corrupt acts as defined.

Restrictions on Certain Relatives of Top Officials

  • Spouses and relatives within the third civil degree of the President, Vice-President, Senate President, and House Speaker are prohibited from intervening in government business transactions, subject to specific exceptions.

Prohibitions on Members of Congress

  • Members of Congress may not acquire personal interests in businesses that benefit from laws or resolutions they authored or recommended during their term.
  • Holding such interests prior to the enactment must be divested within 30 days after approval.

Statements of Assets and Liabilities

  • Public officers must file sworn statements of assets, liabilities, income sources, expenses, and taxes at specified intervals, including upon assumption and termination of office.
  • Exceptions for those assuming office close to year-end are provided.

Unexplained Wealth as Grounds for Dismissal

  • Acquisition of properties or money manifestly disproportionate to lawful income during incumbency is grounds for dismissal.
  • Consideration extends to properties in the name of spouses and unmarried children.
  • Bank deposits shall be considered despite laws on secrecy.

Penalties for Violations

  • Violators face imprisonment (1 to 10 years), perpetual disqualification from public office, and forfeiture of ill-gotten wealth.
  • Complainants may recover amounts given to the accused.
  • Violations regarding asset declaration may result in fines or imprisonment and administrative dismissal.

Court Jurisdiction

  • Prosecutions under this Act fall under the original jurisdiction of the proper Courts of First Instance until otherwise provided.

Prescription of Offenses

  • Offenses under this Act prescribe after ten years.

Restrictions on Resignation or Retirement Pending Investigation

  • Public officers cannot resign or retire while under investigation or prosecution for offenses under this Act or bribery provisions of the Revised Penal Code.

Suspension and Loss of Benefits

  • Public officers charged under this Act or bribery provisions shall be suspended.
  • Conviction results in loss of retirement and gratuity benefits.
  • Acquittal entitles reinstatement and back pay, subject to administrative proceedings.

Exceptions for Unsolicited and Lawful Activities

  • Unsolicited gifts or tokens with small or insignificant value as per local customs are exempted.
  • Legitimate practice of professions or lawful trade by public officers is not prohibited, unless involving conspiracy to commit offenses.

Separability Clause

  • Invalidity of any provision or its application will not affect the remainder of the Act.

Effectivity

  • The Act took effect upon approval.
  • All property acquired by a public officer since assuming office is considered for unexplained wealth determination.

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