Republic Act No. 3019Republic Act No. 3019Anti-Graft and Corrupt Anti-Graft and Corrupt

Practices ActPractices Act

(Approved on August 17, (Approved on August 17, 1960)1960)

RA. No. 3019, RA. No. 3019, Section 3Section 3

Corrupt Practices of Corrupt Practices of Public OfficersPublic Officers

Section 3 (a)Section 3 (a)

PersuadingPersuading, , inducinginducing or or influencinginfluencing another public officer another public officer to perform an act to perform an act constitutingconstituting a a violationviolation of rules & of rules & regulationsregulations duly promulgated by duly promulgated by competent authority or an competent authority or an offenseoffense in in connection with the official duties of connection with the official duties of the latterthe latter, or allowing himself to be , or allowing himself to be persuaded, induced, or influenced to persuaded, induced, or influenced to commit such violation or offense.commit such violation or offense.

Section 3 (b)Section 3 (b)

Directly or indirectlyDirectly or indirectly requesting requesting or receivingor receiving any any giftgift, , presentpresent, , shareshare, , percentagepercentage, or , or benefitbenefit, for , for himself or for any person, himself or for any person, in in connection with any contract or connection with any contract or transaction between the government transaction between the government and any other partyand any other party, wherein, the , wherein, the public officer in his capacity has to public officer in his capacity has to intervene under the law.intervene under the law.

EXAMPLE Araneta vs. Court of Appeals, 142 SCRA 534

A hearing officer of the Department of Labor demanded and received from Mrs. Y P100,000.00 as condition and/or consideration for her act on Mrs. Y’s claim for compensation benefits.

The hearing officer was convicted for violation of Section 3(b) of RA3019.

EXAMPLE Melig vs. Sandiganbayan, 160

SCRA 623Two (2) COA Senior Technical Property Inspectors requested P20,000.00 from a contactor of a road project in Bulacan. The contractor did not come across. The COA inspectors reported that there was a delay in the construction of the project when, actually there was none. The project was in fact completed ahead of time.

The Inspectors were convicted for violation of Section 3(b) of RA3019.

Section 3 (c)Section 3 (c)

Directly or indirectly requesting or Directly or indirectly requesting or receiving receiving any any gift, present, or other gift, present, or other pecuniary or material benefitpecuniary or material benefit, for , for himself or for another, himself or for another, from any personfrom any person for whom the public officer, in any for whom the public officer, in any manner or capacity, manner or capacity, has secured or has secured or obtained, or will secure or obtain, any obtained, or will secure or obtain, any Government permit or licenseGovernment permit or license, in , in consideration for the help given or to consideration for the help given or to be given, without prejudice to be given, without prejudice to Section Section thirteenthirteen of this Act. of this Act.

Section 13: Suspension and loss of benefits“…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 & to the salaries & benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.”

Section 13: Suspension and loss of benefits“…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 & to the salaries & benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him.”

Section 3 (d)Section 3 (d)

Accepting or having any member Accepting or having any member of his family accept employment of his family accept employment in a private enterprisein a private enterprise which has which has pending official business with himpending official business with him during the pendency thereof or during the pendency thereof or within one year after its termination. within one year after its termination.

Section 3 (e)Section 3 (e)Causing any undue injury to any partyCausing any undue injury to any party, , including the Governmentincluding the Government, , or giving any or giving any private party any unwarranted benefits, private party any unwarranted benefits, advantage or preference in the advantage or preference in the discharge of his official administrative or discharge of his official administrative or judicial functionsjudicial functions through through manifest manifest partiality, evident bad faith or gross partiality, evident bad faith or gross inexcusable negligence.inexcusable negligence. This This provision shall apply to officers and provision shall apply to officers and employees of offices or government employees of offices or government corporations charged with the grant of corporations charged with the grant of licenses or permits or other concessions. licenses or permits or other concessions.

OVERPRICING of Medical OVERPRICING of Medical Supply and Equipment in Supply and Equipment in

Makati CityMakati CityEXAMPLE

Out of the total purchase price of Out of the total purchase price of P70,561,700, from an actual cost of P70,561,700, from an actual cost of P9,312,207.28,P9,312,207.28,

An overpricing of An overpricing of P61,249,492.72 P61,249,492.72 for for the purchase of various medical the purchase of various medical equipment from a single supplier.equipment from a single supplier.

Such as… Such as… ULTRASOUND MACHINEULTRASOUND MACHINE

In April 2001, purchased 1Ultrasound In April 2001, purchased 1Ultrasound machine described as SIOCOA-Dynaview at machine described as SIOCOA-Dynaview at P7,980,000P7,980,000 from Apollo Medical Equipment from Apollo Medical Equipment and Supplies which claimed to be an and Supplies which claimed to be an exclusive distributor.exclusive distributor.

The real maker of the product: GE Medical The real maker of the product: GE Medical Systems. A GE RT 3200 Advantage II, Systems. A GE RT 3200 Advantage II, published price is only $25,000 or published price is only $25,000 or P1,299,750P1,299,750, GE Medical Systems reveal , GE Medical Systems reveal production of the model stopped as early as production of the model stopped as early as September 2000 in the whole South East Asia September 2000 in the whole South East Asia

And many more…And many more…

(overpriced by as much as (overpriced by as much as P6,680,250P6,680,250))

On these and other transactions, a On these and other transactions, a complaint affidavit was filed before the complaint affidavit was filed before the Ombudsman against:Ombudsman against:

Former City Mayor Elenita Binay, City Admin Nicanor Former City Mayor Elenita Binay, City Admin Nicanor Santiago Jr., Apollo Med. Equip. & Supplies Sales Santiago Jr., Apollo Med. Equip. & Supplies Sales Manager Apollo B. Carreon, Ospital ng Makati Admin. Manager Apollo B. Carreon, Ospital ng Makati Admin. Jody Lee Abaquin, City Treas. Luz R. Yamane, City Jody Lee Abaquin, City Treas. Luz R. Yamane, City Acc. Dulce P. Cruz, among others;Acc. Dulce P. Cruz, among others;

For violation of:For violation of:>RA 3019 Sec. 3 (e) and (g) of the Anti-Graft and >RA 3019 Sec. 3 (e) and (g) of the Anti-Graft and Corrupt Practices Act; or probably Plunder,Corrupt Practices Act; or probably Plunder,>Art. 171 in relation to Art. 172 of the Revised Penal >Art. 171 in relation to Art. 172 of the Revised Penal Code for Falsification of Public Documents Code for Falsification of Public Documents

For violation of:For violation of:>RA 3019 Sec. 3 (e) and (g) of the Anti-Graft and >RA 3019 Sec. 3 (e) and (g) of the Anti-Graft and Corrupt Practices Act; or probably Plunder,Corrupt Practices Act; or probably Plunder,>Art. 171 in relation to Art. 172 of the Revised Penal >Art. 171 in relation to Art. 172 of the Revised Penal Code for Falsification of Public Documents Code for Falsification of Public Documents

Section 3 (f)Section 3 (f)Neglecting or refusingNeglecting or refusing, after due , after due demand or request, demand or request, without sufficient without sufficient justification, to act within a reasonable justification, to act within a reasonable timetime on any matter pending before him on any matter pending before him 11for the purpose of obtaining, directly or for the purpose of obtaining, directly or indirectly,indirectly, from any person interested in from any person interested in the matter the matter some some pecuniary or material pecuniary or material benefit or advantagebenefit or advantage, or , or 22for the for the purpose of favoring his own interest purpose of favoring his own interest or or 33giving undue advantage in favor of or giving undue advantage in favor of or discriminating against any other discriminating against any other interested partyinterested party. .

Section 3 (g)Section 3 (g)

Entering, on behalf of the Entering, on behalf of the Government, into any contract or Government, into any contract or transaction transaction manifestly and grossly manifestly and grossly disadvantageousdisadvantageous to the same to the same (government)(government), whether or not the , whether or not the public officer profited or will profit public officer profited or will profit thereby. thereby.

EXAMPLE Luciano vs. Estrella, 34 SCRA 769

Traffic detectors were purchased at an overprice. The purchase was made through a sham bidding and a series of falsifications for entering into a contract or transaction grossly disadvantageous to the municipality.

The accused were convicted for violation of Section 3(g) of RA3019.

Section 3 (h)Section 3 (h)

Directly or indirectlyDirectly or indirectly having having financial or pecuniary interest in any financial or pecuniary interest in any business, contract or transactionbusiness, contract or transaction in in connection with connection with which he intervenes which he intervenes or takes part in or takes part in his official capacityhis official capacity, , or in which he is prohibited by the or in which he is prohibited by the Constitution or by any law from Constitution or by any law from having any interest. having any interest.

Section 3 (i)Section 3 (i)

Directly or indirectly becoming Directly or indirectly becoming interested, for personal gain, or having a interested, for personal gain, or having a material interest in any transaction or material interest in any transaction or actact requiring the approval of a board, requiring the approval of a board, panel or group of which he is a member, panel or group of which he is a member, and which exercises discretion in such and which exercises discretion in such approval, even if he votes against the approval, even if he votes against the same or does not participate in the same or does not participate in the action of the board, committee, panel or action of the board, committee, panel or group. group.

Cont…Cont…

Cont…Cont…

Interest for personal gain shall be Interest for personal gain shall be presumedpresumed against those public against those public officers responsible for the approval officers responsible for the approval of of manifestly unlawfulmanifestly unlawful, , inequitableinequitable, , or or irregular transactions or actsirregular transactions or acts by by the board, panel or group to which the board, panel or group to which they belong. they belong.

Section 3 (j)Section 3 (j)

Knowingly approving or granting any Knowingly approving or granting any licenselicense, , permitpermit, , privilegeprivilege or or benefitbenefit in favor of any person not in favor of any person not qualified for or not legally qualified for or not legally entitled to suchentitled to such license, permit, license, permit, privilege or advantage, or of a mere privilege or advantage, or of a mere representative representative or dummy of one who or dummy of one who is not so qualified or entitled. is not so qualified or entitled.

Section 3 (k)Section 3 (k)

Divulging valuable information of Divulging valuable information of a confidential charactera confidential character, acquired , acquired by his office or by him on account of by his office or by him on account of his official position to unauthorized his official position to unauthorized persons, persons, or releasing such or releasing such information in advance of its information in advance of its authorized release date.authorized release date.

The person 1giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or 2offering or giving to the public officer the employment mentioned in subparagraph (d); or 3urging 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 9 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.

The person 1giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or 2offering or giving to the public officer the employment mentioned in subparagraph (d); or 3urging 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 9 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.

NOTENOTE

Section 9. Penalties for violations - Any Public officer or private person committing anyof the unlawful acts or omissions…shall be punished with imprisonment for not less than 6yrs& 1mo nor more than 15yrs, perpetual disqualification from public office, & confiscation orforfeiture in favor of the Government of any prohibited interest & unexplained wealth manifestly out of proportion to his salary and other lawful income.

Section 14. EXCEPTIONSection 14. EXCEPTION

Unsolicited gifts or presents of Unsolicited gifts or presents of small or insignificant valuesmall or insignificant value offered or given as a mere ordinary offered or given as a mere ordinary token of gratitude or friendship token of gratitude or friendship according to local customs or usage, according to local customs or usage, shall be excepted from the shall be excepted from the provisions of this Act. provisions of this Act.

Any Question?Any Question?

The EndThe End