JLB CRIMINAL LAW II

ANTI-GRAFT AND CORRUPT PRACTICES ACT

R.A 3019
August 17, 1960

- Republic Act 3019 was promulgated to deter public officials and employees from committing acts of
dishonesty and improve the tone of morality on public service (Morfe v. Mutuc, 22 scra 424)
- GRAFT: is the dishonest use of public office for private gain. Graft is also defined as the act of taking
advantage of ones position to gain money, property, or something of value.
- CORRUPT: an act of being dishonest and open to bribery.

COVERAGE
(1) The law covers the corrupt practices of any:
(a) Public officers -- which includes elective and appointive officials and employees, permanent or temporary, whether in
the classified or unclassified or exemption service receiving compensation, even nominal, from the government (Sec.
2[b]).
(b) Private individuals -- having family or close personal relations with any public official (Family relation includes the
spouse or relatives by consanguinity or affinity in the third civil degree. Close personal relations include close personal
relationship, social and fraternal connections, and professional employment all giving rise to intimacy which assures free
access to such public officer) (Sec. 4);
(c) Relatives -- spouse of or any relative by consanguinity or affinity within the third civil degree, of the President, Vice
President, Senate President, and Speaker of the House (Sec. 5);
(d) Members of Congress (Sec. 6).

PUNISHABLE ACTS
A. The following are acts under Sec. 3 which constitute corrupt practices of any public officer:
1. 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
offense.
Persuasion need not be successful. The gravamen of the offense is the persuasion.
- By the public officer persuading, inducing or influencing another public officer to:
a) violate rules and regulations duly promulgated by competent authority, or
b) commit an offense in connection with the duties of the latter; and
- By the public officer allowing himself to be persuaded, induced, or influenced by another public
officer to commit such violation of offense.

2. 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
party, wherein the public officer in his official capacity has to intervene under the law.
ELEMENTS:
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.
The lack of demand is immaterial. (uses the word or between requesting and
receiving
There must be a clear intention on the part of the public officer to take the gift & consider
it his own property from then on. Mere physical receipt unaccompanied by any other
sign, circumstance or act to show the acceptance is not sufficient to lead the court to
conclude that the crime has been committed (Peligrino vs People)

3. Section 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.
Section 13. Suspension and loss of benefits. 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.
ELEMENTS:
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 gift, present, etc. is in consideration of the help given or will be given.

*** Sections 3(b) and 3(c) distinguished:
- In section 3(b) the gift, present, share, percentage or benefit requested or received is in connection
with a contract or transaction between the Government and any other party, and
- under section3(c) the gift, percentage, etc., requested or receive is in connection with a government
permit or license the crime of bribery on the other hand, whether direct or indirect, it is not limited to
the performance or non-performance of official duties in connection with aforementioned
contract, transaction, license or permit.

4. Section 3(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.
Section 3(d) applies if a public official occupies an office that regulates, supervises or licenses
the private enterprise. Therefore, if he holds a public office which is not connected with the said
private enterprise, the prohibition in Section 3(d) does not apply.
Section 3(d) of RA 3019 was enacted to avoid a situation where a public official gives undue
favor, preference or advantage to a private enterprise as a consideration for present or future
employment for the official himself or a family member.
Family relation is defined under Section 4 of RA 3019 which according to said section; shall
include spouse or relatives by consanguinity or affinity in the third civil degree.
ELEMENTS:
1. Accused is a public officer;
2. He accepted, or had a member of his family accept, employment in a private enterprise;
3. The private enterprise has a pending official business with the accused; and
4. The acceptance of the employment by the accused or member of his family in said private enterprise
occurred during the pendency of the official business or within one year after its termination.

5. Section 3(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.
In this case, good faith is not a defense because it is in the nature of a malum prohibitum. Criminal intent
on the part of the offender is not required. It is enough that he performed the prohibited act voluntarily.
Even though the prohibited act may have benefited the government. The crime is still committed because
the law is not after the effect of the act as long as the act is prohibited.
There is no attempted or frustrated stage of the crime defined in Sec 3(e).
ELEMENTS:
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.
Undue injury, as used within the context of RA 3019, is more or less synonymous with term,
actual damage. Hence, mere inconvenience does not constitute undue injury. (Go vs. Office of
the Ombudsman ) The damages here must be one that is quantifiable in money.
Partiality is synonymous with bias which excites a disposition to see and report matters as
they wished for rather than as they are.
Bad faith on the part of the public officer is not enough to make him/her liable. The law requires
that the bad faith be evident. Evident bad faith connotes a manifest deliberate intent on the
part of the accused to do wrong or cause damage. (Cabahug vs. People). Bad faith imputes a
dishonest purpose or some moral obliquity and conscious doing of a wrong; it partakes of the
nature of fraud.
Gross Negligence is negligence characterized by the want of even slight care, acting or
omitting to act in a situation where there is a duty to act, not inadvertently but willfully and
intentionally with a conscious indifference to consequences in so far as other persons may be
affected. It is the omission of that care which even inattentive and thoughtless men never fail to
take on their own property. (Alejandro vs People). In case of public officials, there is gross
negligence when a breach of duty is flagrant and palpable (Quibal vs Sandiganbayan)

6. Section 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 neglect or refusal to act must motivated by gain or benefit, or purposely to favor the other interested
party (Coronado v. SB)
ELEMENTS:
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.

7. Section 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.
Where the public officer is a member of the board, panel or group who is to act on an application of a
contract and the act involved one of discretion, any public officer who is a member of that board, panel
or group, even though he voted against the approval of the application, as long as he has an
interest in that business enterprise whose application is pending before that board, panel or group,
the public officer concerned shall be liable for violation of the Anti-Graft and Corrupt Practices Act. His
only course of action to avoid prosecution under the Anti-graft and Corrupt Practices Act is
1. to sell his interest in the enterprise
2. resign from his public position.

8. Section 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.

9. Section 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 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.

10. Section 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.

11. Section 3(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
1. giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or
2. offering or giving to the public officer the employment mentioned in subparagraph (d); or
3. 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 9 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.

II) Any person having family or close personal relation with any public official who shall 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 person having some
business, transaction, application, request, or contact with the government in which such public
official has to intervene (Sec. 4)
III) Any person who shall knowingly induce or cause any public official to commit any of the offenses
defined in Sec 3. (Sec. 4)
IV) Spouse or any relative, by consanguinity or affinity, within the 3
rd
civil degree, of the president of the
Philippines, the vice-president, the president of the Senate, or speaker of the house of
Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or
application with the govt (Sec. 5).
This prohibition shall not apply to:
1. 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 govt along the same line of business;
2. Any transaction, contract or application already existing or pending at the time of such assumption
of public office;
3. Any application filed by him, the approval of which is not discretionary on the part of the official(s)
concerned but depends upon compliance with requisites provided by law, or rules or regulations
issued pursuant to law;
4. Any act lawfully performed an official capacity or in the exercise of a profession.
V) Any member of Congress, during the term for which he has been elected, who shall acquire or
receive any personal pecuniary interest in any specific business enterprise which shall be directly
and particularly favored or benefited by any law or resolution authored by him previously approved
or adopted by Congress during his term.
VI) Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities
within 30 days after assuming office and thereafter on or before the 15
th
day of April following the
close of every calendar year, as well as upon the expiration of his term of office, or upon his
resignation or separation from office (Sec. 7).


NOTE: Competent court is the Sandiganbayan (Sec. 10).
No public officer shall be allowed to resign or
retire pending an investigation
Suspension while pending in court after valid
information (cannot be automatic), and loss of
benefits if convicted by final judgment; maximum
duration of preventive suspension is 90 days;
acquittal reinstatement and salaries and
benefits which he failed to receive
The courts are not bound by the statement of
assets and liabilities filed.
Penalty of forfeiture can be applied retroactively.

General Rule: Prescriptive period is 15 years (Sec.11).
EXCEPTION
Unsolicited gifts or presentsof 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. (Sec 14)