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What is the effect of the enactment of RA 3019 on Title 7 of the RPC?

Did
RA 3019 amend or repeal Title 7? Discuss fully.

R.A. No. 3019 covers other matters not specified in the provisions under Title 7
of the Revised Penal Code. The Act is against graft and corrupt practices. Hence, it
neither amends nor repeals the Title.

R.A. No. 3019 (The Anti-graft and Corrupt Practices Act) was enacted under
police power of the State to promote morality in the public service. It is a 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
and corrupt practices or which may lead thereto.

Title Seven of the Revised Penal Code, on the other hand, defines and
enumerate crimes which may be committed by any public officers, as defined under the
code, and provides for the punishment therefore.

Moreover, R.A. No. 3019 and Title Seven of the Revised Penal Code have their
distinctions.

For the purpose of applying the provisions of this and the preceding titles of the
book, Title 7 of the Revised Penal Code defines Public officer as any person who:

1. Takes part in the performance of public functions in the government or who


performs in said government or in any of its branches public duties as an
employee, agent or subordinate official, or any rank or class.
2. His Authority to take part in the performance of public functions or to perform
public duties is conferred:
(a) By direct provision of the law;
(b) By popular election; or
(c) By appointment by competent authority.

For the purposes of the Penal Code, the definition of public officers is quite
comprehensive, embracing as it does every public servant from the highest to the
lowest. It obliterates the standard in the law of public officers between officer and
employee.

While under the Republic Act No. 3019 (The Anti-graft and Corrupt Practices
Act), the term public officer includes all persons whether an official or an employee,
temporary or not, classified or not, contractual or otherwise, any person who receives
compensation for services rendered.

Therefore, the R.A. No. 3019 was enacted, not to amend or repeal Title 7 of the
Revised Penal Code, rather, to deter public officials and employees from committing
acts of dishonesty and improve the tone of morality in public services.

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