ANTI-GRAFT AND CORRUPT PRACTICES ACT (R.A. No.

3019, as amended)

Note:
 The law does not merely contemplate repression of acts that are unlawful or corrupt per
se, but even those that may lead to or result in graft and corruption.
 It is immaterial when a reprehensible act is committed by a public officer, for the law
does not draw a line between acts done during a former term of office of a particular public
officer and acts done during a later term. To hold otherwise will make possible the stark reality
that an official may amass wealth through graft and corrupt practices and thereafter use the
same to purchase reelection and thereby launder his evil acts.
 Until otherwise provided by law, all prosecutions under this Act shall be within the
original jurisdiction of the proper Court of First Instance (Sec.10 of R.A. 3019)
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. (Sec.2 par.B of R.A. 3019)

Public Official - includes elective and appointive officials and employees, permanent or
temporary, whether in the career or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of amount. (Sec.3 par. B of RA 6713)

Note: Contractual employees (Peclaro vs. Sandiganbayan, 247 SCRA 454) & Re-elected public
officers (Luciano vs. Provincial Governor, 28 SCRA 517) may be charged and penalized under
R.A.3019.

Corrupt practices Prohibition on Prohibition of Prohibition

of public officer private certain on Members
(Section 3 of RA 3019) individuals relatives of Congress
(Sec.4) (Sec.5) (Sec.6)
A. Persuading, inducing, OR influencing another public 1. It shall be unlawful It shall be unlawful It shall be unlawful
officer to perform an act constituting a violation of for any person for the spouse or for hereafter for any
rules and regulation duly promulgated by competent having family or any relative, by Member of the
authority or an offense in connection with the official close personal consanguinity or Congress during
duties of the latter, allowing himself to be persuaded, relation with any affinity, within the the term for which
induced or influenced to commit such violation or public official to third civil degree, of he has been
offense. capitalize or exploit the President of the elected, to acquire
or take advantage of Philippines, the Vice- or receive any
B. Directly or indirectly requesting OR receiving any such family or close President of the personal pecuniary
gift, present, share, percentage, or benefit, for himself personal relation by Philippines, the interest in any
or for any other person, in connection with any directly or indirectly President of the specific business
contract or transaction between the Government and requesting or Senate, or the enterprise which
any other party. Wherein the public officer in his receiving any Speaker of the House will be directly and
official capacity has to intervene under the law. present, gift or of Representatives, particularly favored
material or to intervene, directly or benefited by any
C. Directly or indirectly requesting OR receiving any pecuniary advantage or indirectly, in any law or resolution
gift, present or other pecuniary or material benefit, for from any other business, authored by him
himself or for another, from any person for whom the person having some transaction, contract previously
public officer, in any manner or capacity, has secured business, or application with approved or
or obtained, or will secure or obtain, any Government transaction, the Government. adopted by the
permit or license, in consideration for the help given or application, request Congress during
to be given, without prejudice to Section 13 of this Act. or contract with the Note: This section the same term.
government, in shall not apply to any
D. Accepting OR having any member of his family which such public person who, prior to Note: The provision
accept employment in a private enterprise which has official has to the assumption of of this section shall
pending official business with him during the pendency intervene. Family office of any of the apply to any other
thereof or within one year after its termination. relation shall include above officials to public officer who
the spouse or whom he is related, recommended the
E. Causing any undue injury to any party, including the relatives by has been already initiation in
Government, OR giving any private party any consanguinity or dealing with the Congress of the
unwarranted benefits, advantage or preference in the affinity in the third Government along enactment or
discharge of his official administrative or judicial civil degree. The the same line of adoption of any
functions through manifest partiality, evident bad faith word "close personal business, nor to any law or resolution,
or gross inexcusable negligence. (This provision shall relation" shall transaction, contract and acquires or
apply to officers and employees of offices or include close or application receives any such
government charged with the grant of licenses or personal friendship, already existing or interest during his
permits or other concessions.) social and fraternal pending at the time incumbency.
connections, and of such assumption
F. Neglecting or refusing, after due demand or request, professional of public office, nor
2. It shall likewise
without sufficient justification, to act within a employment all to any application
be unlawful for
reasonable time on any matter pending before him for giving rise to filed by him the
such member of
the purpose of obtaining, directly or indirectly, from intimacy which approval of which is
Congress or other
any person interested in the matter some pecuniary or assures free access not discretionary on
public officer, who,
material benefit or advantage, or for the purpose of to such public the part of the
having such
favoring his own interest or giving undue advantage in officer. official or officials
interest prior to the
favor of or discriminating against any other interested concerned but
approval of such
party. 2. It shall be unlawful depends upon
law or resolution
for any person compliance with
authored or
G. Entering, on behalf of the Government, into any knowingly to induce requisites provided
recommended by
contract or transaction manifestly and grossly or cause any public by law, or rules or
him, continues for
disadvantageous to the same, whether or not the official to commit regulations issued
thirty days after
public officer profited or will profit thereby. any of the offenses pursuant to law, nor
such approval to
defined in Section 3 to any act lawfully
retain such
H. Directly or indirectly having financial or pecuniary hereof. performed in an
interest.
interest in any business, contract or transaction in official capacity or in
connection with which he intervenes or takes part in the exercise of a
his official capacity, or in which he is prohibited by the profession.
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.

PENALTY: 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.

Note: Corrupt Practices of Public Officer

Section 3 (b)

 There must be a clear intention on the part of the public officer to take the gift so
offered and consider it as his or her own property from then on. Mere physical receipt
unaccompanied by any other sign, circumstance or act to show acceptance is not sufficient
to lead to the conclusion that the crime has been committed. To hold otherwise would
encourage unscrupulous individuals to frame up public officers by putting within their
physical custody gift, money or other property (Formilleza vs. Sandiganbayan, GR No.75160
March 18, 1988)

 Section 3 (b) refers to a public officer whose official intervention is required by law in a
contract or transaction. (Jaravata vs. Sandiganbayan, 127 SCRA 363)

Section 3 (e)

 Good faith and lack of malice is a valid defense to the charge of violation of Sec.3 (e),
although a malum prohibitum, since one of its elements is evident bad faith. (Llorente vs.
Sandiganbayan)
  Injury must be more than necessary, excessive, improper or illegal. (Jacinto vs.
Sandiganbayan, 178 SCRA 254)

 Injury must be duly established as an element of the crime. (Llorente vs. Sandiganbayan,
92 SCAD 48)

 Sec.3 (e) poses the standard of manifest partiality, evident bad faith or gross inexcusable
negligence before liability can be had. Mere bad faith or partiality and negligence per se
are not enough; bad faith must be evident, partiality manifest, while the negligent deed
should both be gross and inexcusable.

Section 3 (f)

 The act must be motivate by any gain or benefit for the accused or knowingly for the
purpose of favoring an interested party or discriminating against another. It is not enough
that an advantage in favor of one party, as against another, would result from such neglect
or refusal. (Coronado vs. Sandiganbayan,225 SCR 406)

 Neglect or delay of public function must be accompanied by a demand impliedly or

expressly of any benefit or consideration for himself or another. In the absence of such
demand, the officer shall be merely administratively liable.

Section 3 (g)

 The acts here are mala prohibita - it is the commission of that act as defined by law, not
the character or effect thereof that determines whether or not the provision has been
violated (Marcos vs. Sandiganbayan, GR No.127073, Jan.29, 1998)

 The public officer must be one who had authority to conclude a transaction and bind the
government thereto. (Ingco vs. Sandiganbayan, 272 SCRA 563)

 The contract must be existing and not have been rescinded. (Duterte vs. Sandiganbayan,
GR No.130191, April 27, 1998, 289 SCRA 721)

Section 3 (h)

 It is not enough to be a public officer to be subject this crime; it is necessary that by

reason of his office, he has to intervene in said contracts or transactions, and hence the
official who intervenes in contracts or transactions which have no relation to his office
cannot commit this crime. (Macariola vs. Asuncion, 114 SCRA 77)
  This section contemplates actual intervention in the transaction in which the accused
has financial or pecuniary interest in order that liability may attach. (Palma Gil vs. People,
117 SCRA 220)

Statement of assets and liabilities Penalty

As amended by R.A. 6713 (Sec.8)
Any public officer violation any of the provisions of Section 7
Public officials and employees have an obligation to of this Act (amended by R.A.6713) shall be punished by a fine
accomplish and submit declarations under oath of, and the of not less than one hundred pesos nor more than one
public has the right to know, their assets, liabilities, net worth thousand pesos, or by imprisonment not exceeding one year,
and financial and business interests including those of their or by both such fine and imprisonment, at the discretion of
spouses and of unmarried children under eighteen (18) years the Court.
of age living in their households.
The violation of said section proven in a proper administrative
(A) Statements of Assets and Liabilities and Financial proceeding shall be sufficient cause for removal or dismissal
Disclosure. - All public officials and employees, except those of a public officer, even if no criminal prosecution is instituted
who serve in an honorary capacity, laborers and casual or against him.
temporary workers, shall file under oath their Statement of
Assets, Liabilities and Net Worth and a Disclosure of Business
Interests and Financial Connections and those of their spouses
and unmarried children under 18 years of age living in their
households.

The two documents shall contain information on the

following:
(a) real property, its improvements, acquisition costs,
assessed value and current fair market value;
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in
banks, stocks, bonds, and the like;
(d) liabilities, and;
(e) all business interests and financial connections.

The documents must be filed:

(a) within thirty (30) days after assumption of office;
(b) on or before April 30, of every year thereafter; and
(c) within thirty (30) days after separation from the service.

All public officials and employees required under this section

to file the aforestated documents shall also execute, within
thirty (30) days from the date of their assumption of office,
the necessary authority in favor of the Ombudsman to obtain
from all appropriate government agencies, including the BIR,
such documents as may show their assets, liabilities, net
worth, and also their business interests and financial
connections in previous years, including, if possible, the year
when they first assumed any office in the Government.

Husband and wife who are both public officials or employees

may file the required statements jointly or separately.

The Statements of Assets, Liabilities and Net Worth and the

Disclosure of Business Interests and Financial Connections
shall be filed by:

(1) Constitutional and national elective officials, with the

national office of the Ombudsman;

(2) Senators and Congressmen, with the Secretaries of the

Senate and the House of Representatives, respectively;
Justices, with the Clerk of Court of the Supreme Court; Judges,
with the Court Administrator; and all national executive
officials with the Office of the President.

(3) Regional and local officials and employees, with the

Deputy Ombudsman in their respective regions;

(4) Officers of the armed forces from the rank of colonel or

naval captain, with the Office of the President, and those
below said ranks, with the Deputy Ombudsman in their
respective regions; and

(5) All other public officials and employees, defined in

Republic Act No. 3019, as amended, with the Civil Service
Commission.

(B) Identification and disclosure of relatives. - It shall be the

duty of every public official or employee to identify and
disclose, to the best of his knowledge and information, his
relatives in the Government in the form, manner and
frequency prescribed by the Civil Service Commission.

(C) Accessibility of documents.

(1) Any and all statements filed under this Act, shall be made
available for inspection at reasonable hours.
(2) Such statements shall be made available for copying or
reproduction after ten (10) working days from the time they
are filed as required by law.
(3) Any person requesting a copy of a statement shall be
required to pay a reasonable fee to cover the cost of
reproduction and mailing of such statement, as well as the
cost of certification.
(4) Any statement filed under this Act shall be available to the
public for a period of ten (10) years after receipt of the
statement. After such period, the statement may be
destroyed unless needed in an ongoing investigation.

Note:
 Dismissal due to unexplained wealth. If 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. (Sec.8 of R.A. 3019)
 Condonation of an officer’s misconduct committed during his expired term applies only to
his administrative but not to his criminal guilt. It does not in any manner wipe out the
criminal liabilities incurred by him in a previous term.
 Criminal prosecution is not abated by the fact of his re election.
SUSPENSION PENDENTE LITE 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 13 of R.A. 3019)
Notes:
 It is ministerial duty of the court to issue an order of suspension upon determination of
the validity of the information filed before it. Once the information is found to be
sufficient in form and substance, the court is bound to issue an order of suspension as
a matter of course, no ifs and buts about it.
 Suspension is not a penalty because it is not imposed as a result of judicial
proceedings. In fact, if acquitted, the official concerned shall be entitled to
reinstatement and to the salaries and benefits which he failed to receive during
suspension. (Bayot vs. Sandiganbayan, 128 SCRA 383)
 Suspension pendente lite applies to all persons indicted upon a valid information under
the Act, whether they be appointive or elective officials, permanent or temporary
employees, or pertaining to the career or non-career service. (Segovia vs.
Sandiganbayan 288 SCRA 328)
 Imposition of suspension is not automatic or self operative as the validity of the
information must be determined first in a pre-suspension hearing, there is no hard and
fast rule as to the conduct thereof. The accused should be given a fair and adequate
opportunity to challenge the validity of criminal proceedings against him.
 The order of suspension mentioned in the Constitution is a punitive measure that is
imposed upon determination by the Senate or the House of Representatives upon an
erring Member. It is distinct from the suspension spoken of in Sec.13 of R.A. 3019
which is not a penalty but a preliminary, preventive measure. Thus, R.A. 3019 does not
exclude from its coverage the members of Congress.
  Section 13 of R.A. 3019 as amended by B.P.195 is not a penal provision, hence cannot
come within the prohibition on ex post facto law.
 Suspension pendente lite under R.A. 3019 is non-punitive but this is exercised by the
Sandiganbayan after the validity of the information against the accused has been
established.
 Suspension from office applies to any office which the officer charged may be holding,
and not only to the particular office under which he is charged.
Notes: Duration of preventive suspension
 If there case were administrative in character, the Local Government Code would be
applicable. Therein, while preventive suspension is allowable for causes enumerated,
the limitation on the duration thereof is that it shall not exceed 60 days after the start
of the suspension. The principle against indefinite suspension applies equally to
national government officials.
 The application of Garcia injunction against preventive suspensions for an
unreasonable period of time applies with greater force to elective officials and
especially to those whose term is a relatively short one. A preventive suspension of an
elective official under Sec.13 of R.A. 2019 should be limited to 90 days under Sec. 42 of
P.D. 807 which period also appears reasonable and appropriate under circumstances.
(Deloso vs. Sandiganbayan, 173 SCRA 409)
Notes: Presidential immunity from suit
 Criminal cases such as plunder, bribery and graft and corruption and especially plunder
which carries the death penalty cannot be covered by the mantle of immunity of a
non-sitting president. It will be anomalous to hold that immunity is an inoculation from
liability for unlawful acts and omissions. The rule is that unlawful acts of public officials
are not acts of the State and the officer who acts illegally is not acting as such but
stands in the same footing as any other trespasser.
 Immunity of the President from suit for damages arising out of their official acts is
inapplicable to unofficial conduct.
PRESCRIPTION
The 10 year prescription period stated in Section 11 of R.A. No. 3019 is amended by B.P.
195 which provides that the offenses punishable under R.A. No. 3019 shall prescribe in 15
years.
 R.A. 3019 Approved: August 17, 1960 - 10 years prescription
 B.P. 129 Approved March 16, 1982 - 15 years prescription
 The prescriptive period shall be computed from the discovery of the commission thereof
and not from the day of such commission. (Presidential Ad Hoc Committee on Behest Loans vs.
Ombudsman, G.R. No. 135482, August 14, 2001)
Notes: Effect of acquittal of public officer on the private persons charged with him
 The acquittal of the public official removes the critical requisite of a public officer with
whom the private individual allegedly conspired to commit the crime. It is illogical to
absolve the public official who entered into the contract on behalf of the government
and send the private person to prison.