LIABILITIES UNDER THE ANTI-GRAFT ACT
RA No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act
is also defined as the act of taking advantage of ones position to gain money, property, or something of value. It is also anything acquired by such illegal methods, an illicit profit form the government business.
GRAFT:
CORRUPT: an act of being dishonest and open to bribery.
PURPOSE: SEC. 1 In line with 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.
DEFINITION: SEC. 2(A). GOVERNMENT includes the national
governments, the GOCCs and all other instrumentalities or agencies of the Republic of the Philippines and their branches.
SEC. 2(B). PUBLIC OFFICER includes elective and appointive officials and employees, permanent or temporary whether in classified or unclassified or exempt service receiving compensation, even nominal from government.
SEC. 2(C). RECEIVING ANY GIFT includes the act of
accepting directly or indirectly a gift from a person other than a member of the public officers immediate family, in behalf of himself or of any member of his family or relative within the fourth civil degree, either by consanguinity or affinity, even on the occasion of a family celebration or national festivity like christmas, if the value of the gift is under the circumstances manifestly excessive.
SEC. 2(D) PERSON includes natural and juridical unless the context indicates otherwise.
ELEMENTS OF THE OFFENSES ARE: 1. That the offense was committed by a public officer 2. That such officer requested and/or received a gift, present, etc. 3. That the gift, present, etc. was for the benefit of said public officer. 4. That said public officer requested and/or received the gift, present, etc. in connection with a contract or transaction with the government. 5. That said officer has the right to intervene in such contract or transaction in his official capacity.
SEC. 3(C). 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 section 13 of this act.
THE ELEMENTS OF THE CRIME ARE: 1. The accused is a public officer. 2. That he has directly or indirectly requested or received a gift, present or other pecuniary or material benefit for himself or for another person. 3. The gift, percentage, etc. has been requested or received from a person for whom the accused has secured such license or permit in any manner or capacity 4. The requested or received the gift, present, etc. in consideration of the help given or will be given.
SEC. 3(D). Accepting or having any member of his
family accept which has employment in a private enterprise pending official business with him during the pendency thereof or within one year after its termination
SEC. 3(E). Causing any undue injury to any party,
including the govt, 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.
THE ELEMENTS OF THE CRIME UNDER SUB-SECTION E
1. The accused is a public officer discharging administrative or judicial functions. 2. The public officer commits the prohibited acts during the performance of his official duties or in relation to his public position. 3. He must have acted with manifest partiality, evident bad faith, or gross inexcusable negligence.. 4. This action caused undue injury to any party, including the government, or grave any party any unwarranted benefit, advantage or preference in the discharge of his functions.
SEC. 3(F).
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 our discriminating against any other interested party.
THE ELEMENTS OF THE CRIME ARE:
1. The offender is a public officer. 2. Said officer has neglected or has refused to act without sufficient justification after due demand or request has been made on him. 3. Reasonable time has elapsed from such demand or request without the public officer having acted on the matter pending before him.
4. Such failure to so act is for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage in favor of an interested party, or discriminating against another.
SEC. 3(G). 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.
SEC. 3(H). Directly or indirectly having financing 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.
SEC. 3(I). Directly or indirectly becoming interested, for personal gain, or having a 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 discreation in such approval, even if he votes against the same or does not participate in the action of the board, committee, panel or group.
SEC. 3(J). 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, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
SEC. 3(K). Divulging valuable information of a
confidential character, acquired by his office or by him on account of his official position to unathorized persons, or releasing such information in advance of its authorized release date.
