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ANTI-GRAFT AND CORRUPT PRACTICES ACT

RA No. 3019

Basic Principle: A public office is a public trust.

I. Definition of Terms

Public officer- includes elective and appointive officials and employees, permanent or

temporary, whether in the classified or unclassified or exempt service receiving

compensation, even nominal, from the government.

Receiving any gift- includes the act of accepting directly or indirectly a gift from a

person other than a member of the public officer's immediate family, in behalf of

himself or of any member of his family or relative within the fourth civil degree, eitherby 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.

II. Corrupt Practices (Section 3)

A. 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, orallowing himself to be persuaded, induced, or influenced to commit such

violation or offense.

B. Directly or indirectly requesting or receiving 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 part, wherein the public

officer in his official capacity has to intervene under the law.

JUANITO T. MERENCILLO vs. PEOPLE OF THE PHILIPPINES

G.R. Nos. 142369-70, April 13, 2007.

Corona, J:

Elements of the crime penalized under Elements of Direct Bribery

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Section 3(b) of RA 3019

1. offender is a public officer; 1. offender is a public officer;

2. he requested or received a gift, present,

share, percentage or benefit;

2. the offender accepts an offer or promise

or receives a gift or present by himself or

through another;3. he made the request or receipt on behalf

of the offender or any other person;

3. such offer or promise be accepted or gift

or present be received by the public officer

with a view to committing some crime, or

in consideration of the execution of an act

which does not constitute a crime but the

act must be unjust, or to refrain from

doing something which it is his official

duty to do; and

4. the request or receipt was made in

connection with a contract or transaction

with the government; and

4. the act which the offender agrees to

perform or which he executes is connected

with the performance of his official duties.

5. he has the right to intervene, in an

official capacity under the law, in

connection with a contract or transaction

has the right to intervene.

The violation of Section 3(b) of RA 3019 is neither identical nor necessarily inclusive of

direct bribery.

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 thirteen of this Act.

MADELEINE MENDOZA-ONG vs. HON. SANDIGANBAYAN and PEOPLE OF

THE PHILIPPINES

G.R. Nos. 146368-69; October 23, 2003

Quisumbing, J:

i. Elements:

(a) the offender is a public officer;

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(c) That they caused undue injury to any party, whether the Government or a

private party;

(d) That such injury was caused by giving unwarranted benefits, advantage

or preference to such parties; and

(e) That the public officers acted with manifest partiality, evident bad faith or

gross inexusable negligence.

EFREN L. ALVAREZ vs. PEOPLE OF THE PHILIPPINES

G.R. No. 192591; July 30, 2012

Villarama, Jr.,J:

ii. It bears stressing that the offense defined under Section 3 (e) of R.A. No. 3019

may be committed even if bad faith is not attendant. Thus, even assuming

that petitioner did not act in bad faith, his negligence under the circumstanceswas not only gross but also inexcusable. Submission of documents such as

contractors license and company profile are minimum legal requirements to

enable the government to properly evaluate the qualifications of a BOT

proponent. It was unthinkable for a local government official, especially one

with several citations and awards as outstanding local executive, to have

allowed API to submit a BOT proposal and later award it the contract despite

lack of a contractors license and proof of its financial and technical

capabilities, relying merely on a piece of information from a news item about

said contractors ongoing mall construction project in another municipalityand verbal representations of its president.

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 or

discriminating against any other interested party.

JUAN CONRADO vs. THE SANDIGANBAYAN AND THE PEOPLE OF THEPHILIPPINES

G.R. No. 94955, August 18, 1993

Vitug, J:

i. Elements

(a) The offender is a public officer;

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(b) The said officer has neglected or has refused to act without sufficient

justification after due demand or request has been made on him;

(c) Reasonable time has elapsed from such demand or request without the public

officer having acted on the matter pending before him; and

(d) 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.

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.

ISABELO A. BRAZA vs. THE HONORABLE SANDIGANBAYAN (1st Division)

G.R. No. 195032, February 20, 2013

Mendoza, J:

i. Elements

(a) The offender is a public officer;

(b) He entered into a contract or transaction in behalf of the government; and

(c) The contract or transaction is manifestly and grossly disadvantageous to the

government.

Luciano v. EstrellaG.R. No. L-31622, August 31, 1970

ii. It is not at all difficult to see that to determine the culpability of the accused

under such provision, it need only be established that the accused is a public

officer; that he entered into a contract or transaction on behalf of the

government; and that such a contract is grossly and manifestly

disadvantageous to that government. In other words, the act treated

thereunder partakes of the nature of malum prohibitum.

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.

GENEROSO TRIESTE, SR. vs. SANDIGANBAYAN (SECOND DIVISION)

G.R. No. 70332-43 November 13, 1986

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Alampay, J:

i. Elements

(a) The public officer has financial or pecuniary interest in a business, contract or

transaction;

(b) In connection with which he intervenes in his official capacity.

ii. What is contemplated in Section 3(h) of the anti-graft law is the actual

intervention in the transaction in which one has financial or pecuniary

interest in order that liability may attach. (Opinion No. 306, Series 1961

and Opinion No. 94, Series 1972 of the Secretary of Justice). The official

need not dispose his shares in the corporation as long as he does not do

anything for the firm in its contract with the office. For the law aims to

prevent the don-tenant use of influence, authority and power(Deliberation on Senate Bill 293, May 6, 1959, Congressional Record, Vol.

11, page 603).

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 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.

Interest for personal gain shall be presumed against those public officers

responsible for the approval of manifestly unlawful, inequitable, or irregular

transaction or acts by the board, panel or group to which they belong.

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.

K.

Divulging valuable information of a confidential character, acquired by hisoffice or by him on account of his official position to unauthorized persons, or

releasing such information in advance of its authorized release date.

III. Penalties (Section 9)

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A. Unlawful acts or omissions enumerated in Sections 3, 4 (prohibition on private

individuals), 5 (prohibition on certain relatives) and 6 (prohibition on members

of the Congress)

- imprisonment for not less than six years and one month nor more than fifteen

years, perpetual disqualification from public office, and confiscation or

forfeiture in favor of the Government of any prohibited interest and

unexplained wealth manifestly out of proportion to his salary and other

lawful income.

Any complaining party at whose complaint the criminal prosecution was

initiated shall, in case of conviction of the accused, be entitled to recover in the

criminal action with priority over the forfeiture in favor of the Government, the

amount of money or the thing he may have given to the accused, or the value of

such thing.

B. Violation any of the provisions of Section 7 (statement of assets and liabilities)

- fine of not less than one thousand pesos nor more than five thousand pesos,

or by imprisonment not exceeding one year and six months, 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 dismissalof a public officer, even if no criminalprosecution is instituted against him.

IV. Other Points

A. Competent court Sandiganbayan

B. Prescription 15 years

C. Public officer cannot retire or resign pending investigation or prosecution

D. Incumbent public officer shall be suspended while criminal prosecution before

the court is pending- If convicted, loses all retirement or gratuity benefits under the law

- If acquitted, entitled to reinstatement and salaries and benefits which he

failed to receive during suspension

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