Anti Graft and Corrupt Practices Act

Marc Angelo V. Bantug James Seimon V. Abrenica

Section 3(d)
(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. termination.

Elements of Section 3(d)

1)

2) 3)

The public official or his family member accepts employment Must be in a private enterprise The said enterprise must have pending official business with him:
a) During the pendency of his official business with him. b) Within one year after its termination

Applicability
 Section

3(d) applies if a public official occupies an office that regulates, supervises or licenses the private enterprise.  Therefore, if he holds a public office which is not connected with the said private enterprise, the prohibition in Section 3(d) does not apply.

The evil sought to be avoided;

 Section

3(d) of RA 3019 was enacted to avoid a situation where a public official gives undue favor, preference or advantage to a private enterprise as a consideration for present or future employment for the official himself or a family member.

Nature of the act punished

A

public official may violate Section 3(d) of RA 3019 in two ways:

1) The public official himself accepted employment in a private enterprise which has pending official business with his office 2) The public official caused his family member to accept such employment

The need to prove pending official business

 If

the private enterprise regularly deals or transacts with the public official, it suffices to prove that his or his family members employment with that private enterprise takes place at anytime while any of its official business with him is pending or within one year after the last official business is finished.

Meaning of the term family

Family relation is defined under Section 4 of RA 3019 which according to said section; shall include spouse or relatives by consanguinity or affinity in the third civil degree.
(Valera vs. Sandiganbayan; G.R. No. 167278, February 27, 2008)

Cases
Valera vs. Sandiganbayan; G.R. No. 167278, February 27, 2008

Section 3(e)
(e) Causing any undue injury to any party, party,
including the Government, or giving any private party any unwarranted benefits, advantage benefits, 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 negligence. apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions

Nature of the act punished

There are two ways by which a public official violates Section 3(e) RA 3019 in the performance of his functions namely:
By causing undue injury to any party, including the government By giving any private party any unwarranted benefits, advantage or preference. (The Accused may be charged under either mode or under both.)

Elements of Section 3(e)

1)

2)

3)

The accused must be a public officer discharging administrative, judicial or official functions. He must have acted with manifest partiality, evident bad faith or gross inexcusable negligence. That his action caused any undue injury to any private party unwarranted benefits, advantage or preference in the discharge of his functions.

Applicability

The provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions

Partiality
 Is

synonymous with bias which excites a disposition to see and report matters as they wished for rather than as they are.

Bad faith
not simply connote bad judgment or negligence ;  It imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong;  A breach of sworn duty through some motive or intent or ill will;  it partakes of the nature of fraud
 Does

Bad Faith
 Bad

faith alone on the part of the petitioner is not sufficient to make her liable for violation of Section 3(e) of RA 3019. Such Bad faith must be evident.

Gross Negligence
Negligence characterized by the want of even slight care, acting or omitting to act in a situation where there is a duty to act, not inadvertently but willfully and intentionally with a conscious indifference to consequences in so far as other persons may be affected  It is the omission of that care which even inattentive and thoughtless men never fail to Take on their own property.


Undue Injury
Undue injury refers to the actual or real damage occasioned by the acts of the offender.  Thus, there was no injury for the purposes of criminal liability for the following:


Injury must be more than necessary, excessive, improper or illegal. Injury must be duly established as an element of the crime. There is no injury in a contract where sufficient consideration exists in favor of the government.

Particularity
 Manifest

partiality, evident bad faith or gross inexcusable negligence must be alleged with particularity in the information sufficiently.  To sufficiently inform the accused of the charge against him and to enable the court properly render a decision.

CASES:
 Cresente

y Llorente, JR. vs. Sandiganbayan and Leticia Fuertes (92 SCAD 418)

 Meneses

vs. People of the Philippines (303 SCRA 303)