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.