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.
Ø Requires knowledge
Ø GF may be a defense
The prosecution proved each element of Section 3(j) of
RA 3019 which are as follows: (1) that the offender is a
public officer; (2) that he/she knowingly approved or
granted any license, permit, privilege or benefit; and (3)
that the license, permit, privilege or benefit was granted
in favor of any person not qualified or not legally entitled
to such license, permit, privilege or advantage, or in favor
of a mere representative or dummy of one who is not
qualified or entitled.
There’s one case in connection to this unlawful act that
when a public officer knowingly approved or granted a
permit in favor of the liga ng mga brgy to hold cockfights
despite knowing that holding such is prohibited by law to
the detriment of public service.
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.
Ø May involve violation of DPA
Ø One example here is that when the anti-corruption
group Citizens Crime Watch has sued former
commissioner Rowena Guanzon (COMELEC) for
unlawfully divulging confidential information in the
disqualification case against then president aspirant
and now president-elect Bongbong Marcos.
Ø She disclosed that she voted to grant the petitions to
disqualify Bongbong from the presidential elections.
She said then that there was a deliberate effort to
delay the decision on the petitions so that her vote
would not be counted as she was to retire on Feb. 2.
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.
Persons Liable
Private Persons
Liability attaches when the private persons acts in
conspiracy with public officer.
Conspiracy
"the act of one is the act of all"
Unity of purpose & unity in the execution
A conspiracy exists when two or more persons come to
an agreement concerning the commission of a felony and
decide to commit it.
Influence Peddling & Family Ties
Section 4, RA 3019 - Prohibition on Private
Individuals
Act or acts of using one's influence in government or
connections with persons in authority in order to obtain
a favor or preferential treatment for another person in
return for material remuneration.
WHO ARE INVOLVED
1 Person having some business, transaction,
application, request or contract with the
government
2 Public officer who intervenes with business,
transaction, application, request or contract
3 Influence peddler (private person)
That they capitalizes or exploits or takes advantage of
such family or close personal relation by directly or
indirectly requesting or receiving any present, gift,
material or pecuniary advantage from any person having
some business, transaction, application, request or
contract with the government; and,
Section 4b: private person knowingly inducing or
causing public officers to commit any of the prohibited
acts are also liable.
It was ruled in the case of Canlas v. People, G.R. Nos.
236308- 09, February 17, 2020 that "private persons,
when acting in conspiracy with public officers, may be
indicted and, if found guilty, held liable for the pertinent
offenses under Section 3 of RA 3019, in consonance with
the avowed policy of the anti-graft law to repress certain
acts of public officers and private persons alike
constituting graft or corrupt practices act or which may
lead thereto.
Elements:
1) That the offender has family or close personal relation
with a public official;
2) That he capitalizes or exploits or takes advantage of
such family or close personal relation by directly or
indirectly requesting or receiving any present, gift,
material or pecuniary advantage from any person having
some business, transaction, application, request or
contract with the government; and,
3) That the public official with whom the offender has
family or close personal relation has to intervene in the
business transaction, application, request, or contract
with the government. (Disini v. Sandiganbayan, G.R. Nos.
169823-24, 174764-65, 11 September 2013)
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.
SALN stands for Statement of Assets, Liabilities, and Net
Worth. It is a declaration of assets (i.e., land, vehicles, etc)
and liabilities (i.e., loans, debts, etc), including business
and financial interests, of an official/employee, of his or
her spouse, and of his or her unmarried children under
18 years old still living in their parents’ households. The
submission of a SALN is required by law under Article XI
Section 17 of the 1987 Constitution and Section 8 of
Republic Act No. 6713, the “Code of Conduct and Ethical
Standards for Public Officials and Employees.”
All public officials and employees, whether regular or
under temporary status, are required to file a SALN.
The SALN must be filed:
1. “within thirty (30) days after assumption of office;
2. “on or before April 30, of every year thereafter;
and
3. “within thirty (30) days after separation from the
service.“
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.
Administrative liability: The circumstances hereinabove
mentioned shall constitute valid ground for the
administrative suspension of the public official
concerned for an indefinite period until the investigation
of the unexplained wealth is completed.
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.
For violation of section 3 (unlawful acts), 4 (for private
individuals), 5( on certain relatives, and 6 (on members
of congress)
-----first parag
Principal penalty – dismissal from the service, punished
with imprisonment for not less than one year nor more
than 10 years
Accessory penalty – forfeiture of retirement benefits
(GSIS), disqualification to hold office (perpetual
disqualification) ---di ka na pwedeng kawani ng govt
habang buhay and cancellation of civil service eligibility.
And take note that as a general rule, you are suspended
from government office once a case filed in court
violating RA3019