REPUBLIC ACT No. 3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 1. Statement of policy. It is the policy of the Philippine Government, 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.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national government, the local governments, the government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches.
(b) "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 as defined in the preceding subparagraph.
(c) "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, 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.
(d) "Person" includes natural and juridical persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(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, or allowing 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.
(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.
(d) 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 termination.
(e) 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 other concessions.
(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.
(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.
(h) Director 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.
(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 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.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion of the Court, from transacting business in any form with the Government.
Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having family or close personal relation with any public official to capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift or material or pecuniary advantage from any other person having some business, transaction, application, request or contract with the government, in which such public official has to intervene. Family relation shall include the spouse or relatives by consanguinity or affinity in the third civil degree. The word "close personal relation" shall include close personal friendship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free access to such public officer.
(b) It shall be unlawful for any person knowingly to induce or cause any public official to commit any of the offenses defined in Section 3 hereof.
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: Provided, That this section shall not apply to any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the Government along the same line of business, nor to any transaction, contract or application already existing or pending at the time of such assumption of public office, nor to any application filed by him the approval of which is not discretionary on the part of the official or officials concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law, nor to any act lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member of the Congress during the term for which he has been elected, to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by the Congress during the same term.
The provision of this section shall apply to any other public officer who recommended the initiation in Congress of the enactment or adoption of any law or resolution, and acquires or receives any such interest during his incumbency.
It shall likewise be unlawful for such member of Congress or other public officer, who, having such interest prior to the approval of such law or resolution authored or recommended by him, continues for thirty days after such approval to retain such interest.
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, as well as upon the expiration of his term of office, or upon his resignation or separation from office, 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, with the Office of the President, or in the case of members of the Congress and the officials and employees thereof, with the Office of the Secretary of the corresponding House, 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: Provided, That public officers assuming office less than two months before the end of the calendar year, may file their statements in the following months of January.
Section 8. Dismissal due to unexplained wealth. If in accordance with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, 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. Properties in the name of the spouse and unmarried children of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown. Bank deposits shall be taken into consideration in the enforcement of this section, notwithstanding any provision of law to the contrary.
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 one year nor more than ten 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) 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 one 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 court. Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the proper Court of First Instance.
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.
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any profession, lawful trade or occupation by any private person or by any public officer who under the law may legitimately practice his profession, trade or occupation, during his incumbency, except where the practice of such profession, trade or occupation involves conspiracy with any other person or public official to commit any of the violations penalized in this Act.
Section 15. Separability clause. If any provision of this Act or the application of such provision to any person or circumstances is declared invalid, the remainder of the Act or the application of such provision to other persons or circumstances shall not be affected by such declaration.
Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of determining unexplained wealth, all property acquired by a public officer since he assumed office shall be taken into consideration.
Approved: August 17, 1960
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Republic Act No. 3019: The Anti-Graft and Corrupt Practices Act
**Republic Act No. 3019**, also known as the Anti-Graft and Corrupt Practices Act, is a landmark piece of legislation in the Philippines that aims to combat corruption and promote ethical conduct in public service. Enacted on August 17, 1960, it outlines a comprehensive framework to address various forms of graft and corrupt practices by public officers and private individuals. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/)
Statement of Policy
The Act's **Statement of Policy** emphasizes the principle that **"a public office is a public trust"**. It declares the Philippine government's commitment to suppressing acts of graft and corrupt practices by both public officers and private citizens, as these actions undermine the integrity of public service and erode public trust. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
Definition of Terms
The Act defines key terms to ensure clarity and consistency in its application. These definitions are crucial for understanding the scope and intent of the law:
* **Government:** Includes the national government, local governments, government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Public Officer:** Encompasses elective and appointive officials and employees, both permanent and temporary, regardless of their service classification. This definition includes those receiving compensation, even nominal, from the government. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Receiving Any Gift:** Extends beyond direct acceptance to include indirect receipt of gifts from individuals outside the public officer's immediate family. This provision considers gifts received on behalf of the officer or their family members, even during family celebrations or national holidays, if the value of the gift is deemed excessive under the circumstances. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Person:** Includes both natural and juridical persons, unless the context explicitly indicates otherwise. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
### Corrupt Practices of Public Officers
Section 3 of the Act outlines specific corrupt practices that are declared unlawful for public officers. These practices go beyond those already penalized by existing laws and represent a comprehensive approach to addressing various forms of corruption:
* **Persuading, Inducing, or Influencing:** This provision prohibits public officers from influencing or being influenced to violate rules and regulations or commit offenses related to their official duties. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Receiving Gifts or Benefits:** Public officers are forbidden from directly or indirectly requesting or receiving gifts, presents, shares, percentages, or benefits in connection with government contracts or transactions where they have to intervene in their official capacity. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Securing Permits or Licenses:** Public officers are prohibited from accepting gifts or benefits from individuals for whom they have secured or will secure government permits or licenses, in exchange for their help. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Family Employment:** Public officers cannot accept or allow family members to accept employment in private enterprises that have pending official business with them, either during the pendency of the business or within one year after its termination. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Undue Injury or Unwarranted Benefits:** Public officers are prohibited from causing undue injury to any party, including the government, or granting unwarranted benefits, advantages, or preferences to private parties in the discharge of their official functions. This provision specifically applies to officers and employees responsible for granting licenses, permits, or other concessions. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Neglect or Refusal to Act:** Public officers cannot neglect or refuse to act on matters pending before them without sufficient justification, especially if it is for the purpose of obtaining personal benefits or favoring their own interests. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Disadvantageous Contracts:** Public officers are prohibited from entering into contracts or transactions that are manifestly and grossly disadvantageous to the government, regardless of whether they personally profit from these actions. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Pecuniary Interest:** Public officers cannot have any financial or pecuniary interest in businesses, contracts, or transactions in which they intervene or participate in their official capacity, or where they are prohibited by the Constitution or law from having an interest. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Material Interest:** Public officers are prohibited from becoming interested, for personal gain, or having a material interest in transactions or acts requiring the approval of a board, panel, or group of which they are members, even if they vote against the same or do not participate in the action. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Knowingly Approving Unqualified Persons:** Public officers cannot knowingly approve or grant licenses, permits, privileges, or benefits to individuals who are not qualified or legally entitled to them, or to representatives or dummies of unqualified individuals. [[1]](https://www.officialgazette.gov.ph/1960/08/17/republic-act-no-3019/) [[2]](https://chanrobles.com/republicactno3019.html)
* **Divulging Confidential Information:** Public officers are prohibited from divulging valuable confidential information acquired by their office or through their official position to unauthorized persons or releasing such information before
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What are some of the specific examples of "corrupt practices" that are prohibited under Republic Act No. 3019?
Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, outlines a wide range of corrupt practices that are deemed unlawful for public officers. These practices encompass various forms of bribery, abuse of power, and conflict of interest, aiming to ensure ethical conduct and prevent the misuse of public office for personal gain. Here are some specific examples of these prohibited practices:
**1. Persuasion, Inducement, or Influence:**
* A public officer cannot persuade, induce, or influence another public officer to violate rules and regulations or commit an offense related to their official duties. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635592) [[2]](https://chanrobles.com/republicactno3019.htm)
* This includes situations where a public officer allows themselves to be persuaded, induced, or influenced to commit such violations or offenses. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**2. Receiving Gifts or Benefits:**
* Public officers are prohibited from directly or indirectly requesting or receiving gifts, presents, shares, percentages, or benefits in connection with any government contract or transaction where they have to intervene in their official capacity. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
* This extends to accepting gifts or benefits for securing or obtaining government permits or licenses for individuals. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**3. Family Employment:**
* Public officers cannot accept or allow their family members to accept employment in private enterprises that have pending official business with them, either during the pendency of the business or within one year after its termination. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**4. Undue Injury or Unwarranted Benefits:**
* Public officers are prohibited from causing undue injury to any party, including the government, or granting unwarranted benefits, advantages, or preferences to private parties in the discharge of their official functions. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
* This provision specifically targets officers and employees responsible for granting licenses, permits, or other concessions. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**5. Neglect or Refusal to Act:**
* Public officers cannot neglect or refuse to act on matters pending before them without sufficient justification, especially if it is for the purpose of obtaining personal benefits or favoring their own interests. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**6. Disadvantageous Contracts:**
* Public officers are prohibited from entering into contracts or transactions that are manifestly and grossly disadvantageous to the government, regardless of whether they personally profit from these actions. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**7. Pecuniary Interest:**
* Public officers cannot have any financial or pecuniary interest in businesses, contracts, or transactions in which they intervene or participate in their official capacity, or where they are prohibited by the Constitution or law from having an interest. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**8. Material Interest:**
* Public officers are prohibited from becoming interested, for personal gain, or having a material interest in transactions or acts requiring the approval of a board, panel, or group of which they are members, even if they vote against the same or do not participate in the action. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**9. Knowingly Approving Unqualified Persons:**
* Public officers cannot knowingly approve or grant licenses, permits, privileges, or benefits to individuals who are not qualified or legally entitled to them, or to representatives or dummies of unqualified individuals. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
**10. Divulging Confidential Information:**
* Public officers are prohibited from divulging valuable confidential information acquired by their office or through their official position to unauthorized persons or releasing such information before its authorized release date. [[1]](https://www.slideshare.net/slideshow/ra-3019pptx/262635992) [[2]](https://chanrobles.com/republicactno3019.htm)
These examples highlight the comprehensive nature of Republic Act No. 3019 in addressing various forms of corrupt practices. The Act's strict provisions aim to deter public officers from engaging in unethical behavior and promote transparency and accountability in government.
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Are there any recent cases or examples of individuals being prosecuted under Republic Act No. 3019 for engaging in these prohibited practices?
The provided search result focuses on Philippine criminal law materials, including a comprehensive overview of various legal concepts and principles. While it does not directly address specific recent cases of individuals prosecuted under Republic Act No. 3019, it offers valuable insights into the application and interpretation of the law.
The document highlights several key aspects relevant to the prosecution of corrupt practices under RA 3019:
* **Nature of the Offenses:** The document distinguishes between "mala in se" crimes (inherently wrong) and "mala prohibita" crimes (wrong because they are prohibited by law). It clarifies that violations of RA 3019 often fall under the "mala prohibita" category, meaning the focus is on whether the law was violated, not necessarily the intent behind the act. [[1]](https://www.slideshare.net/LeleLester/2022-criminal-law-materialspdf)
* **Conspiracy and Liability:** The document discusses the concept of conspiracy in relation to RA 3019, emphasizing that private individuals can be held liable for corrupt practices if they are found to have conspired with public officers. [[1]](https://www.slideshare.net/LeleLester/2022-criminal-law-materialspdf)
* **Examples of Prohibited Acts:** The document provides numerous examples of prohibited acts under RA 3019, including entering into contracts that are disadvantageous to the government, accepting bribes, and granting unwarranted benefits. [[1]](https://www.slideshare.net/LeleLester/2022-criminal-law-materialspdf)
While the document does not provide specific recent cases, it demonstrates that prosecutions under RA 3019 are ongoing and that the law is actively being applied. To find specific recent cases, further research would be required, potentially utilizing legal databases, news archives, and official court records.
It is important to note that the document does not provide information on the outcomes of these cases, such as convictions or acquittals. This information would be crucial for understanding the effectiveness of RA 3019 in deterring and punishing corrupt practices.
To obtain more specific and up-to-date information on recent cases, I recommend consulting legal databases, news archives, and official court records.