RA 3019

ANTI GRAFT AND CORRUPT

PRACTICES ACT
 ARTICLE XI
Accountability of Public Officers

SECTION 1. Public office is a public trust. Public officers and

employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency, act with
patriotism and justice, and lead modest lives.
What is RA 3019

“ANTI-GRAFT LAW”

Purpose:

To deter public officials and employees from

committing acts of dishonesty and improve the
tone of morality in public service.
Are offenses constituting graft and corruption limited or
actionable only during the term of the officials involved?

NO. RA 3019 makes no time distinctions.

Persons covered by RA 3019

All "Public officer" which 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.
ACTS CONSTITUTING CORRUPTION
 I.
Section 3 (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.
Elements of Section 3 (a)
 II.
Section 3 (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.
Elements:
a. the offender is a public officer
b. He requested and/or received a gift, present or
consideration;
c.the gift, present or consideration was for the benefit of the
said public officer;
d.the gift, present or consideration was requested and/or
received in connection with a contract or transaction with
the government; and
e.the officer has the right to intervene in such contract or
transaction in his official; capacity
 Illustrative Case:

1. LINDA CADIAO-PALACIOS vs. PEOPLE OF THE PHILIPPINES, G.R.

No. 168544, March 31, 2009 (the case of grease money,
bagman and circumstantial evidence)

1. PRECLARO VS SANDIGANBAYAN, 247 SCRA 454 (case of

entrapment and
contractual employee)
Q: May a public officer charged under Section 3(b) of RA No. 3019
concerning receiving benefitsalso be simultaneously or successively
charged with direct bribery under Art. 210 of the RPC?

A: Yes. Violations of Sec. 3(b) of RA 3019 and direct bribery do not

have the same elements and may give rise 2 distinct offenses. In RA
3019, mere request is already a violation while in direct bribery
acceptance is necessary. Further, RA 3019 is limited only to contracts
or transactions where a public officer has the authority to intervene,
while direct bribery is broader in scope. (Merencillo v.
People, 2007)
 III.

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
thirteen of this Act.
Elements:
1. the offender is a public officer;
2.he has secured or obtained, or would secure or obtain, for a
person any government permit or license;
3.he directly or indirectly requested or received from said person any
gift, present or other pecuniary or material benefit for himself or for
another; and
4.he requested or received the gift, present or other pecuniary or
material benefit in consideration for help given or to be given.
 Illustrative case:
1. RAQUIL-ALI M. LUCMAN, PETITIONER, V. PEOPLE OF THE
PHILIPPINES AND SANDIGANBAYAN 2ND DIVISION

Value of the gift:

Section 3 (c) applies regardless of whether the gift’s value is
manifestly excessive or not, and regardless of the occasion. What is
important here, in our view, is whether the gift is received in
consideration for help given or to be given by the public officer.
The value of the gift is not mentioned at all as an essential
element of the offense charged under Section 3 (c), and there
appears no need to require the prosecution to specify such value in
order to comply with the requirements of showing a prima facie case.
 IV
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.
Elements:
1.The public officer accepted, or having any of his family
member accept any employment in a private enterprise;
2.Such private enterprise has a pending official business with
the public officer; and
3. It was accepted during:
a. the pendency thereof;
b. Within 1 year after its termination
 V.
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.
Elements:
(1)That the accused are public officers or private persons charged
in conspiracy with them;
(2)That said public officers commit the prohibited acts during the
performance of their official duties or in relation to their public
positions;
(3)That they cause undue injury to any party, whether the
Government or a private party;
(4)That such injury is caused by giving unwarranted benefits,
advantage or preference to such parties; and
(5)That the public officers have acted with manifest partiality,
evident bad faith or gross inexcusable negligence.
What is undue injury?
Undue injury refers to the real or actual damage occasioned by the acts of
the offender.

Example:
1.Inflating the claimant’s request for payment of just compensation
and thereafter divesting a large portion of the amounts due them
caused undue injury both to the government and the claimant.
2.Using for personal gain and without authority government
property by taking advantage of official position.
3. Disposing confiscated lumber without prior authority from the
∙ Evident Bad faith – it does not simply connote bad
judgment or negligence; it imputes a dishonest purpose or
some moral obliquity and conscious doing of a wrong;
breach of a wrong duty through some motive or intent or
ill will; partakes the nature of fraud (People vs.
Sandiganbayan)

∙ Gross Inexcusable Negligence – want of even slight

care. Breach of a public duty is flagrant and
palpable (Quibal v. Sandiganbayan)

∙ Manifest Partiality – a clear, notorious or plain

inclination or predilection to favor one side rather
 Illustrative Cases:

1. Fuentes vs. People of the Philippines

2. Antonio Sanchez vs. People of the Philippines
 VI.
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
or discriminating against any other interested party.
Elements:
a) The offender is a public officer;
b)The said officer has neglected or has refused to act without
sufficient justification after due demand or request has been made on
him;
c)Reasonable time has elapsed from such demand or request
without the public officer having acted on the matter pending before him;
and
d)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.
 Illustrative case:
LACAP VS SANDIGANBAYAN
 VII.
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.

Elements:
(1)that the accused is a public officer;
(2)that he or she entered into a contract or transaction on
behalf of the government; and
(3)that such contract or transaction is grossly and manifestly
disadvantageous to the government
 Illustrative case:
JOSIE CASTILLO-CO, PETITIONER, V.
HONORABLE SANDIGANBAYAN (SECOND
DIVISION), AND PEOPLE OF THE
PHILIPPINES
 VIII.
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.

Elements:
(1)that the accused is a public officer;
(2)that he or she entered into a contract or transaction on behalf of
the government; and
(3)that such contract or transaction is grossly and manifestly
disadvantageous to the government
Illustrative case:
1. Respondent judge was acquitted of the charge of violating this
section for the business of the corporation in which he participated has no
relation or connection with his judicial office. The business of the
corporation is not that kind where respondent intervenes or takes part in
his official capacity as CFI Judge. Article 216 of RPC has a similar prohibition
of public officer against directly or indirectly becoming interested in any
contract or business in which it is his official duty to intervene. It is not
enough to be a public officer to be subject to 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 v. Asuncion)
 IX
Section (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.
 X
Section 3(j) Knowingly approving or granting any
permit,
license, 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.
 XI
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.
Other persons liable:
The following persons shall also be punished with the public officer
and shall be permanently or temporarily disqualified, in the
discretion of the Court, from transacting business in any form with
the government:
1.Person giving the gift, present, share, percentage or benefit in
par. b and c;
2.Person offering or giving to the public officer the employment
mentioned in par d.
3.Person urging the divulging or untimely
release of the confidential information in par. k,
 RA 7080
THE PLUNDER LAW
What is Plunder?
Plunder is a crime committed by a public
officer by himself or in connivance with
members of his family, relatives by affinity
or consanguinity, business associates,
subordinates or other persons, by
amassing, accumulating or acquiring ill-gotten
wealth through a combination or series of
overt acts in the aggregate amount or total
value of 50 million pesos.
WHAT IS ILL GOTTEN WEALTH?

it means any asset, property, business enterprise, or

material possession of any person within the purview of
section two (2) hereof, acquired by him directly or
indirectly through dummies, nominees, agents,
subordinates and/or business associates by any
combination or series of criminal acts.
Plunder is committed through a combination or series of overt
acts:
1. through misappropriation, conversion, misuse or malversation of
public funds or raids on the public treasury;

2.by receiving, directly or indirectly, any commission, gift,

percentage, kickbacks, or any other form of pecuniary benefit from any
person and/or entity in connection with any government contract or
project or by reason of the office or position of the public officer
concerned;

3.by the illegal or fraudulent conveyance or disposition of assets

belonging to the National Government or any of its subdivisions,
agencies or instrumentalities or government-owned or controlled
 4.by obtaining, receiving or accepting directly or indirectly any
shares of stock, equity or any other form of interest or
participation including the promise of future employment in any
business enterprise or undertaking;

5.by establishing agricultural, industrial or commercial

monopolies or other combinations and/or implementation of decrees
and orders intended to benefit particular persons or special interest;
or

6.by taking undue advantage of official position, authority,

relationship, connection or influence to unjustly enrich himself or
themselves at the expense
 First Plunder Case:

DOMINGA
MANALILI
ERAP'S PLUNDER CASE
Penalties for Plunder
1. RECLUSION PERPETUA
2. FORFEITURE OF ILL-GOTTEN WEALTH IN FAVOR OF THE
GOVERNMENT;
3. PERPETUAL DISQUALIFICATION FROM PUBLIC OFFICE.: