Rules of Procedure in Impeachment Proceedings

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Republic of the Philippines

HOUSE OF THE REPRESENTATIVES


Manila

15th Congress

RULES OF PROCEDURE IN IMPEACHMENT PROCEEDINGS


RULE I
APPLICABILITY OF RULES

Section 1. Applicability of Rules. - These Rules shall apply to all proceedings for impeachment
in the House of Representatives against the President, Vice-President, the Members of the
Supreme Court, the Members of the Constitutional Commissions and the Ombudsman for
culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes or
betrayal of public trust.

RULE II
INITIATING IMPEACHMENT

Section 2. Mode of Initiating Impeachment. - Impeachment shall be initiated by the filing and
subsequent referral to the Committee on Justice of: *

(a) a verified complaint for impeachment filed by any Member of the House of
Representatives; or

(b) a verified complaint filed by any citizen upon a resolution of endorsement by any
Member thereof; or

(c) a verified complaint or resolution of impeachment filed by at least one-third (1/3) of all
Members of the House.

Section 3. Filing and Referral of Verified Complaints. - A verified complaint for impeachment by
a Member of the House or by any citizen upon a resolution of endorsement by any Member
thereof shall be filed with the office of the Secretary General and immediately referred to the
Speaker.

The Speaker shall have it included in the Order of Business within ten (10) session days from
receipt. It shall then be referred to the Committee on Justice within three (3) session days
thereafter.

RULE III
FINDING A PROBABLE CAUSE

A. COMMITTEE PROCEEDINGS

Section 4. Determination of Sufficiency in Form and Substance. - Upon due referral, the
Committee on Justice shall determine whether the complaint is sufficient in from and substance.
If the committee finds that the complaint is insufficient in form, it shall return the same to the
Secretary General within three (3) session days with a written explanation of the insufficiency.
The Secretary General shall return the same to the complaint(s) together with the committee's
written explanation within three (3) session days from receipt of the committee resolution finding
the complaint insufficient in form.

Should the committee find the complaint sufficient in form, it shall then determine if the
complaint is sufficient in substance. The requirement of substance is met if there is a recital of
facts constituting the offense charged and determinative of the jurisdiction of the committee. If
the committee finds that the complaint is not sufficient in substance, it shall dismiss the
complaint and shall submit its report as provided hereunder.

Section 5. Notice to Respondents and Time to Plead. - If the committee finds the complaint
sufficient in form and substance, it shall immediately furnish the respondent(s) with a copy of the
resolution and/or verified complaint, as the case may be, with written notice thereof and serve a
copy of the answer to the complaint(s). No motion to dismiss shall be allowed within the period
to answer the complaint.

The answer, which shall be under oath, may include affirmative defenses. If the respondent fails
or refuses to file an answer within the reglementary period, he/she is deemed to have
interposed a general denial to the complaint. Within three (3) days from receipt of the answer,
the complainant may file a reply, serving a copy thereof to the respondent who may file a
rejoinder within three (3) days from receipt of the reply, serving a copy thereof to the
complainant. If the complainant fails to file a reply, all the material allegations in the answer are
deemed controverted. Together with their pleadings, the parties shall file their affidavits or
counter-affidavits, as the case may be, with their documentary evidence. Such affidavits or
counter-affidavits shall be subscribed before the Chairperson of the Committee on Justice or the
Secretary General. Notwithstanding all the foregoing, failure presenting evidence in support of
his/her defenses.

When there are more than one respondent, each shall be furnished with copy of the verified
complaint from a Member of the House or a copy of the verified complaint from a private citizen
together with the resolution of endorsement by a Member of the House of Representatives and
a written notice to answer and in that case, reference to respondent in these Rules shall be
understood as respondents.

Section 6. Submission of Evidences and Memoranda. - After receipt of the pleadings and
affidavits and counter-affidavits and relevant documents provided for in Section 5, or the
expiration of the time within which they may be filed, the Committee shall determine whether the
complaint alleges sufficient grounds for impeachment.

If it finds that sufficient grounds for impeachment do not exist, the Committee shall dismiss the
complaint and submit the report required hereunder. If the Committee finds that sufficient
grounds for impeachment exist, the Committee shall conduct a hearing. To that end, the
Committee, through the Chairperson, may limit the period of examination and cross-
examination. The Committee shall have the power to issue compulsory processes for the
attendance of witnesses as well as the production of documents and other related evidence.

The hearing before the Committee shall be open to the public except when the security of the
State or public interest requires that the hearing be held in executive session.
After the submission of evidence, the Committee may require the submission of memoranda,
after which the matter shall be submitted for resolution.

Section 7. Protection to Complainants or Witnesses. - The House may, upon proper petition,
provide adequate protection to a complainant or witness if it is shown that his/her personal
safety is in jeopardy because of his/her participation in an impeachment proceeding.

Section 8. Report and Recommendation. - The Committee on Justice after hearing, and by a
majority vote of all its Members, shall submit its report to the House containing its findings and
recommendations within sixty (60) session days from the referral to it of the verified complaint
and/or resolution. Together with the report shall be a formal resolution of the Committee
regarding the disposition of the complaint which shall be calendar for consideration by the
House within ten (10) session days from receipt thereof.

If the Committee finds by a vote of the majority of all its Members that a probable cause exists, it
shall submit with its report a resolution setting forth the Articles of Impeachment on the basis of
the evidence adduced before the Committee. Otherwise, the complaint shall be dismissed
subject to Section 11 of these Rules.

Section 9. Report to be Calendared. - The Committee on Rules shall calendar the report and
the accompanying resolution of the Committee on Justice regarding the disposition of the
complaint in accordance with the Rules of the House of Representatives. The House shall
dispose of the report within sixty (60) session days from its submission by the Committee on
Justice.

B. HOUSE ACTION

Section 10. Vote Required for Approval. - A vote of at least one-third (1/3) of all Members of the
House is necessary for the approval of the resolution setting forth the Articles of Impeachment.
If the resolution is approved by the required vote, it shall then be endorsed to the Senate for its
trial.

On the other hand, should the resolution fail to secure the approval by the required vote, the
same result in the dismissal of the complaint for impeachment.

Section 11. Where Dismissal Recommended. - When the report of the Committee on Justice
dismisses the complaint, it shall submit to the House a resolution for the dismissal of the verified
complaint and/or resolution of impeachment. A vote of at least one-third (1/3) of all the Members
of the House shall be necessary to override such resolution, in which case the Committee on
Justice shall forthwith prepare the Articles of Impeachment.

Section 12. Vote by Roll Call. - The voting on a favorable resolution with the Articles of
Impeachment of the Committee on Justice or a contrary resolution shall be by roll call, and the
Secretary General shall records the vote of each Member.

RULE IV
VERIFIED COMPLAINT/RESOLUTION BY ONE-THIRD OF MEMBERS

Section 13. Endorsement of the Complaint/Resolution to the Senate. - A verified


complaint/resolution of impeachment filed by at least one-third (1/3) of all the Members of the
House shall constitute the Articles of Impeachment, and in this case the verified
complaint/resolution shall be endorsed to the Senate in the same manner as an approved bill of
the House.

The complaint/resolution must, at the time of filing, be verified and sworn to before the Secretary
General by each of the Members constituting at least one-third (1/3) of all Members of the
House.

The contents of the verification shall be as follows:

"We, after being sworn in accordance with law, depose and state: That we are the complainants
in the above-entitled complaint/resolution of impeachment; that we have caused the said
complaint/resolution to be prepared and have read the contents thereof; and that the allegations
therein are true of our own knowledge and belief on the basis of our reading and appreciation of
documents and other records pertinent thereto.

___________________
(Signature)

RULE V
BAR AGAINST IMPEACHMENT

Section 14. Scope of Bar. - No impeachment proceedings shall be initiated against the same
official more than once within a period of one (1) year.

RULE VI
PROSECUTOR IN ALL IMPEACHMENT PROCEEDINGS

Section 15. Impeachment Prosecutor. - The House of Representatives shall act as the sole
prosecutor at the trial in the Senate through a committee of eleven (11) Members thereof to be
elected by a majority vote.

RULE VII
APPLICABILITY OF THE RULES OF CRIMINAL PROCEDURE

Section 16. Rules of Procedure. - The Rules of Criminal Procedure under the Rules of Court
shall, as far as practicable, apply to impeachment proceedings before the House.

Adopted, 3 August 2010

End Note

*
The Supreme Court decision in Francisco et al. vs. House of Representatives (GR No.
160261, 10 November 2003), states that Impeachment proceedings are initiated upon
filing of the complaint and/or resolution and its referral to the Committee on Justice.
RULE III

PROCEDURE IN ADMINISTRATIVE CASES


SECTION 1. GROUNDS FOR ADMINISTRATIVE COMPLAINT. — An administrative complaint
may be filed for acts or omissions, including but not limited to the following:

a) contrary to law or regulations;

b) unreasonable, unfair, oppressive or discriminating;

c) inconsistent with the general course of the agency’s functions though in


accordance with law;

d) on a mistake of law or an arbitrary ascertainment of facts;

e) in the exercise of discretionary powers but for an improper purpose;

f) otherwise irregular, immoral or devoid of justification;

g) due to any delay or refusal to comply with the referral or directive of the
Ombudsman or any of his deputies against the office or employee to whom it
was addressed; and

h) such other grounds provided for under PD 807, RA 6713 and other applicable
laws.

Sec. 2. PUBLIC OFFICERS COVERED; EXCEPTIONS. — All elective and appointive officials
of the government and its subdivisions, instrumentalities and agencies, including Members of
the Cabinet, local governments, government-owned or controlled corporations and their
subsidiaries are subject to the disciplinary authority of the Office of the Ombudsman.

Excepted from the foregoing are Members of Congress, the Judiciary, and officials removable
only by impeachment; provided, however, that the Office of the Ombudsman may investigate
any serious misconduct in office allegedly committed by officials removable only by
impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.

Sec. 3. HOW INITIATED. — An administrative case may be initiated by a written complaint


under oath accompanied by affidavits of witnesses and other evidences in support of the
charge. An administrative proceeding may also be ordered by the Ombudsman or the
respective Deputy Ombudsman on his initiative or on the basis of a complaint originally files as
a criminal action or a grievance complaint or request for assistance.

Sec. 4. EVALUATION. — Upon receipt of the complaint, the same shall be evaluated to
determine whether the same may be:

a) dismissed outright for any of the grounds stated under section 20 of R.A.
6770;
b) referred to other disciplinary authorities under paragraph 2, Section 23, RA
6770 for the taking of appropriate administrative proceedings;

c) the subject of administrative adjudication by the Office of the Ombudsman.

Sec. 5. ADMINISTRATIVE ADJUDICATION; HOW CONDUCTED. —

a) If the complaint is not dismissed for any of the causes enumerated in Section
20 of Republic Act No. 6770, the respondent shall be furnished with copy of the
affidavits and other evidences submitted by the complainant, and shall be
ordered to file his counter-affidavits and other evidences in support of his
defense, within ten (10) days from receipt thereof, together with proof of service
of the same on the complainant who may file reply affidavits within ten (10) days
from receipt of the counter-affidavits of the respondent.

b) If, on the basis of the affidavits and other evidences submitted by the parties,
the investigating officer finds no sufficient cause to warrant further proceedings,
the complaint may be dismissed. Otherwise, he shall summon the parties to a
preliminary conference to consider the following matters:

1) Whether the parties desire a formal investigation or are willing


to submit the case for resolution on the basis of the evidence on
record and such other evidences they will present at such
conference; or

2) Should the parties desire a formal investigation to determine


the nature of the charge, stipulation of facts, a definition of the
issues, identification and marking of exhibits, limitation of
witnesses, and such other matters as would expedite the
proceedings.

c) After the preliminary conference, the investigating officer shall issue an order
reciting the matters taken up during the conference including the facts stipulated,
the evidences marked and the issues involved. The contents of this order may
not be deviated from unless amended to prevent manifest injustice.

d) Should a hearing be conducted, the parties shall be notified at least five (5)
days before the date thereof. Failure of any or both of the parties to appear at the
hearing is not necessarily a cause for the dismissal of the complaint. A party who
appears may be allowed to present his evidence in the absence of the adverse
party who was duly notified of the hearing.

e) Only witnesses who have submitted affidavits served on the adverse party at
least five (5) days before the date of his being presented as a witness may be
allowed to testify at the hearing. The affidavit of any witness shall constitute his
direct testimony, subject to cross-examination, re-direct examination and re-
cross-examination.
f) The parties shall be allowed that assistance of counsel and the right to the
production of evidence through the compulsory process
of subpoena and subpoena duces tecum.

Sec. 6. RENDITION OF DECISION. — Not later than thirty (30) days after the termination of the
hearing, the investigating officer shall submit a resolution containing his findings and
recommendation for the approval of the Ombudsman. Once approved, the said resolution shall
constitute the decision in the case. Copy thereof shall be served upon the parties and the head
of the office or agency of which the respondent as in official or employee for his information and
compliance with any directive contained therein.

Sec. 7. FINALITY OF DECISION. — Where the respondent is absolved of the charge and in
case of conviction where the penalty imposed is public censure or reprimand, suspension of not
more than one (1) month, or a fine equivalent to one (1) month salary, the decision shall be final
and unappealable. In all other cases, the decision shall become final after the expiration of ten
(10) days from receipt thereof by the respondent, unless a motion for reconsideration or petition
for certiorari shall have been filed by him as prescribed in Section 27 of RA 6770.

Sec. 8. MOTION FOR RECONSIDERATION OR REINVESTIGATION. — Whenever allowable,


a motion for reconsideration or reinvestigation may only be entertained if filed within ten (10)
days from receipt of the decision by the respondent on any of the following grounds:

a) New evidence had been discovered which materially affects the order,
directive or decision.

b) Errors of facts or law, or irregularities have been committed prejudicial to the


interest of the movant.

Only one motion for reconsideration or reinvestigation shall be allowed, and the hearing officer
shall resolved the same within five (5) days from receipt thereof.

Sec. 9. PREVENTIVE SUSPENSION. — Pending investigation, the respondent may be


preventively suspended without pay for a period of not more than six (6) months if, in the
judgment of the Ombudsman or hi proper deputy, the evidence of guilt is strong, and (a) the
charge against such officer or employee involves dishonesty, oppression or gross misconduct,
or neglect in the performance of duty; or (b) the charge would warrant removal from the service;
or (c) the respondent’s continued stay in office may prejudice the case filed against him.

If the administrative investigation is not terminated within the period of the respondent is
suspended, the respondent shall be automatically reinstated unless the delay in the disposition
of the case is due to the fault, negligence, or any cause attributable to the respondent, in which
case the period of such delay shall not be counted in computing the period of suspension.

Sec. 10. PENALTIES. — (a) In administrative proceedings conducted under PD 807 by


agencies or offices other than the Office of the Ombudsman, the penalties under said law shall
be imposed.; (b) In administrative proceedings conducted under these rules, the Office of the
Ombudsman may impose a penalty ranging from suspension without pay for one (1) year to
dismissal with forfeiture of benefits or a fine ranging from five thousand pesos (P5,000.00) to
twice the amount malversed, illegally taken, or lost, or both, at the discretion of the
Ombudsman, taking into consideration circumstances that mitigate or aggravate the liability of
the officer or employee found guilty of the complaint or charge.

This is without prejudice to the authority of the Ombudsman to exercise his authority under
Section 15, paragraph (3) of RA 6770.

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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