republic act 3019

44
Republic Act 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT

Upload: joseph-santos-gacayan

Post on 02-Dec-2015

609 views

Category:

Documents


44 download

DESCRIPTION

summary

TRANSCRIPT

Republic Act 3019

ANTI-GRAFT AND

CORRUPT PRACTICES

ACT

What Is the Meaning of Graft & Corruption?

Technically, corruption covers an entire host of abuses, of which graft is one. Graft and corruption are charges that are typically leveled at highly-placed government officials, who are able to use public funds to improve their own fortunes due to increased access, influence, knowledge or power that comes with an elevated position.

Graft vs. Corruption as the act of taking

advantage of one’s position to gain money, property, etc. dishonestly

graft is committed by an individual

associated with dishonesty, lack of integrity and bribery

involves the collusion of at least two parties.

Anti-Graft Laws The 1987 Philippine Constitution

Public office is a public trust. Public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty and efficiency, act with patriotism and justice, and lead modest lives.

Republic Act 6713 This act promotes a high standard of

ethics and requires all government personnel to make an accurate statement of assets and liabilities, disclose net worth and financial connections. It also requires new public officials to divest ownership in any private enterprise within 30 days from assumption of office to avoid conflict of interest.

Republic Act No. 7080 (Act Defining and Penalizing the Crime of Plunder)

This act penalizes any public officer who by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, accumulates or acquires ill-gotten wealth, through a combination of series of event criminal acts, an aggregate amount to total value of at least fifty million pesos (P50,000,000).

Republic Act 9160 (The Anti-Money Laundering Act of 2001)

The law defines “money laundering” as a crime whereby the proceeds of an unlawful activity such as plunder, robbery and extortion, jueteng (an illegal type of lottery) and smuggling are transacted, thereby making them to appear as originating from legitimate sources.

Republic Act 9435 (The Anti-Red Tape Act of 2007)

This law aims to improve the efficiency in the delivery of government service to the public by reducing bureaucratic red tape and preventing graft and corruption.

CORRUPT PRACTICES OF PUBLIC OFFICERS

Section 3a 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

Elements A. The offender is a public officer; B. That he:

Persuades, induced or influence another public officer to perform an act that violates rules and regulations duly promulgated by competent authority

Persuades, induced or influenced the other public officer to perform an offense in connection with his official duties OR

Allows himself to be persuaded, induced or influenced to commit such violation or offense

Elements

Section 3b of RA 3019Directly or indirectly requesting or receiving any gift, present, share xx for benefit of 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 The offender is a public employee; That he made a request or asked a gift; The request was made in connection with

a transaction in the government; and He has the right to intervene in the

transaction based on his official capacity

Section 3c of RA 3019Directly 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 Section 13 of this Act

Elements The offender is a public

officer; That he secured or

obtained a permit or license for another person;

That he directly/indirectly requested any pecuniary or material benefit in consideration with the help given

Section 3d of RA 3019Accepting 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 termination.

Section 3e of RA 3019Causing 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 other concessions.

Elements The accused must be a public officer

discharging administrative, judicial or official functions or a private person charged in conspiracy with the former ;

He must have acted with manifest partiality, evident bad faith or gross inexcusable negligence; and

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 3f of RA 3019Neglecting or refusing, after due

demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for purpose of obtaining, from any person some pecuniary or material benefit or giving undue advantage in favor of or discriminating against any other interested party.

Elements The public officer neglected or

refused to act without valid reason after due demand has been made on him;

Reasonable time has elapsed after due demand or request;

Such failure to act is for the purpose of obtaining pecuniary or material benefit or advantage in favor of an interested party

Section 3g of RA 3019 Entering on behalf of the

Government into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby

Elements That the public officer entered into a

contract or transaction on behalf of the government;

That such contract is grossly disadvantageous to the government

Section 3h of RA 3019 Directly or indirectly having financial

or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest

Elements The accused is a public officer He has direct or indirect financial

or pecuniary interest in any business, contract or transaction; and

That (a) he either intervenes or takes part in his official capacity in connection with such interest OR (b) prohibited from having such interest by the Constitution or by law.

Section 3i of RA 3019 Directly or indirectly becoming interested

for personal gain, or having material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same, or does not participate in the action of the board, committee, panel or group

Section 3j of RA 3019 Knowingly approving or granting

any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit or privilege or advantage or of a mere representative or dummy of one who is not qualified or entitled

Section 3k of RA 3019 Divulging valuable information of a

confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized release date

Section 5: Prohibition on certain relatives

It shall be unlawful for the spouse or for any relative, by consanguinity or affinity, within the third civil degree, of the President of the Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker of the House of Representatives, to intervene, directly or indirectly, in any business, transaction, contract or application with the Government 

Section 7. Statement of Assets and Liabilities

Every public officer, within thirty days after the approval of this Act or after assuming office, and within the month of January of every other year thereafter, shall prepare and file with the office of the corresponding Department Head, or in the case of a Head of Department or chief of an independent office, a true detailed and sworn statement of assets and liabilities, including a statement of the amounts and sources of his income, the amounts of his personal and family expenses and the amount of income taxes paid for the next preceding calendar year.

Section 8. Dismissal due to Unexplained Wealth

If in accordance with the provisions of Republic Act 1379 (ill-gotten wealth), a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income, that fact shall be a ground for dismissal or removal.

Section 9. Penalties for Violations

(a) Any public officer or private person committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with imprisonment for not less than 1 year nor more than 10 years, perpetual disqualification from public office, and confiscation or forfeiture in favor of the Government of any prohibited interest and unexplained wealth.

(b) Any public officer violation any of the provisions of Section 7 of this Act shall be punished by a fine of not less than one hundred pesos nor more than one thousand pesos, or by imprisonment not exceeding 1 year, or by both such fine and imprisonment, at the discretion of the Court.

** The violation of said section proven in a proper administrative proceeding shall be sufficient cause for removal or dismissal of a public officer, even if no criminal prosecution is instituted against him.

Section 10. Competent Courts

Regional Trial Court, Metropolitan Trial Court, Municipal Trial Court, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg. 129, as amended

Sandigan Bayan The Sandiganbayan is the anti-graft

court of the Philippines. It has jurisdiction over civil and criminal cases involving graft and corrupt practices and such other offenses committed by public officers and employees. It is in charge of maintaining morality, integrity and efficiency in the public service.

CONSTITUTIONAL ANTI-CORRUPTION BODIES

The Office of the Ombudsman (OMB)

The Office of the Ombudsman investigates and acts on complaints filed against public officials and employees, and serves as the “people’s watchdog” of the government.

The Civil Service Commission (CSC)

The CSC being the central personnel agency of the government, it has jurisdiction over administrative cases including graft and corruption brought before it on appeal, in accordance with public accountability.

The Commission on Audit (COA)

The COA is the watchdog of the financial operations of the government. It is empowered to examine, audit, and settle all accounts pertaining to the revenue and receipts of, and expenditures or uses of funds and property under the custody of government agencies and instrumentalities. It shall promulgate accounting and auditing rules and regulations for the prevention and disallowance of irregular, unnecessary, excessive, extravagant, or unconscionable expenditures, or use of government funds and properties.

Section 11. Prescription of Offenses

All offenses punishable under this Act shall prescribe in ten years

Section 12. Termination of Office No public officer shall be

allowed to resign or retire pending an investigation, criminal or administrative, or pending a prosecution against him, for any offense under this Act or under the provisions of the Revised Penal Code on bribery.

Section 13. Suspension and loss of benefits.

Any public officer against whom any criminal prosecution under a valid information under this Act or under the provisions of the Revised Penal Code on bribery is pending in court, shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.

Section 14. Exception Unsolicited gifts or presents of small or

insignificant value offered or given as a mere ordinary token of gratitude or friendship according to local customs or usage, shall be excepted from the provisions of this Act.

Food for Thought “To be poor and honorable is a thousand

times better than amassing all the riches in the world at the cost of one’s good. We should strive, therefore, to keep our reputation unblemished to the end of our days and ever bear in mind that an honored name is the most precious legacy which we can leave to our children and our children’s children”

(From Forces that Make a Nation Great, p. 36:President Jose P. Laurel)