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The Anti-Graft and Corrupt Practices Act RA 3019

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manu meer

on 1 December 2013

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Transcript of The Anti-Graft and Corrupt Practices Act RA 3019

PURPOSE:
It was aimed at curtailing and minimizing the opportunities for official corruption and maintain a standard of honesty in the public service. It was intended to further promote morality in public administration. A public office is indeed a public trust. (Morfe vs. Mutuc, et al., 22 SCRA 424)*

Section 3. Corrupt practicesof public officers
Punishable acts
Detail 4
Section 1. Statement of Policy
…in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto.

This bill is aimed against graft and ‘graft’ is defined as ‘the acquisition of gain or advantage by dishonest, unfair, or sordid means, especially through the abuse of one’s position or influence in politics, business, etc.’

With this in mind, the principal provisions of this bill are based on the premise that although it is the right of every citizen to provide for his future, he should do so by legitimate means;
and in the case of public officials, never – I repeat, never – by the use of the power, authority, or influence attached to his position or office.”

Sen. Arturo Tolentino
Section 2(b) of RA 3019 states:
The term “public officer” includes elective and appointive officials and employees, permanent or temporary, whether in the classified or exempt service receiving compensation, even nominal, from the government.


Who is a “Public Officer”?
The Anti-Graft and Corrupt Practices Act RA 3019
SECTION 3(A) RA 3019
SECTION 3(B) RA 3019
Directly or indirectly requesting any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law.

Elements of Sec. 3 (c) RA 3019
1. Offender is a public officer;
2. He has secured or obtained, or would secure or obtain, for a person any government permit or license;
3. He directly or indirectly requested or received from said person any gift, present or other pecuniary or material benefit for himself or for another; and
4. He requested or received the gift, present or other pecuniary or material benefit in consideration for the help given or to be given.


1. The public officer who:
persuades, induces or influences another public officer to perform an act constituting a violation of rules and regulations or an offense in connection with the official duties of the latter

2. The public officer who allows himself to be so persuaded, induced or influenced.


Who are liable under Sec 3a?
Elements of Sec.3(b)
1.Offender is a public officer;
2.He/she requested and/or received a gift, present, share, percentage, or benefit;
3. Such gift, present, share, percentage or benefit was for the benefit of said officer or for any other person;
4. The request or receipt was made in connection with a contract or transaction with the government; and
5. He/she has the right to intervene in such contract or transaction in his/her official capacity under the law.


Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person for whom the public officer, in any manner or capacity, has secured, or obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or to be given, without prejudice to Sec. 13
of this Act
SECTION 3(C) RA 3019
Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.


HOW IS SECTION 3(D) COMMITTED?
1. The public official himself accepted employment in a private enterprise which has a pending official business with his office; or

2. The public official caused his family member to accept such employment.


Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference
in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or concessions.


Two ways of committing Sec. 3(e)
1. By causing undue injury to any party, including the Government; or,

2. By giving any private party any unwarranted benefit, advantage, or preference.

SECTION 3(E) RA 3019
Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference
Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference
Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference

Elements of Sec. 3(e)
1.Accused must be a public officer discharging administrative, judicial or official functions;

2. He has acted with
manifest impartiality,
evident bad faith or
gross inexcusable negligence; and

3. His action caused any undue injury to any party, including the government, or gave any private party unwarranted benefits, advantage, or preference in the discharge of his functions.

SECTION 3(F) RA 3019
Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest
or giving undue advantage in favor of or discriminating against any other interested party.

SECTION 3(D) RA 3019
Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its completion.

Two ways of committing Sec. 3(e)
Elements of Sec. 3(F)*
1. Offender is a public officer;
2. Due demand or request was made to him to act on any matter pending before him;
3. He neglected or refused to act within a reasonable time;
4. His neglect or refusal to act is without sufficient justification;

5. Such neglect or refusal to act within a
reasonable time is for the purpose of:
a. Obtaining directly or indirectly from any person interested in the matter some pecuniary or material benefit or advantage;
b. Favoring the public officer’s own interest;
c. Giving undue advantage in favor of any other interested party; or
d. Discriminating against any other interested party.



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