Additional research on the relevant provisions and jurisprudence on the Anti-Graft and Corrupt Practices

Act

A public officer is refers to 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.1 Receiving a gift in contemplation of the said Act 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 excessive2.

The following acts are also considered as corrupt practices under the law, in addition to those acts already
penalized by other existing laws:
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(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.

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(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.3

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To be liable, the following elements should be present:

a) That the accused is a public officer discharging administrative, judicial or official functions;
b) That the accused acted with manifest partiality, evident bad faith or gross inexcusable negligence;
and
c) That the accused caused undue injury to any party including the Government, or giving any
private party unwarranted benefits, advantage or preference in the discharge of his functions.5

1
Sec. 2(b), Republic Act No. 3019, 17 August 1960.
2
Id at sec. 2(c).
3
The Supreme Court clarified the scope of this portion in ruling that the prosecution for violation of section 3(e) of
R.A. No. 3019 will prosper regardless of whether or not the public officer is charged with the grant of licenses or
permits or concessions (Cruz v. Sandiganbayan, G.R. No. 134493, 16 August 2005).
4
Id at sec. 3.
5
Garcia and Brizuela v. Sandiganbayan, G.R. No. 197204, 26 March 2014.
Partiality is synonymous with bias which excites a disposition to see and report matters as they are wished
for rather than as they are.6

Bad faith does not simply connote bad judgment or negligence but imputes a dishonest purpose or some
moral obliquity and conscious doing of a wrong. It is a breach of sworn duty through some motive or
intent or ill will; it partakes of the nature of fraud.7

Finally, gross negligence is 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.8

In giving any private party unwarranted benefits, advantage, or preference, the Supreme Court further
defined them as follows. Unwarranted contemplates a lack of adequate or official support, unjustified or
unauthorized, without justification or adequate reason.9 Advantage means a more favorable or improved
position or condition; benefit, profit or gain of any kind; a benefit from some course of action.10 Preference
signifies priority or higher evaluation or desirability; choice or estimation above another.11

It is important to note that the private party giving a gift to the public officer is likewise liable under the
said act together with the said public officer.12

6
Sison v. People, G.R. No. 170339, 170398-403, 09 March 2010.
7
Id.
8
Id.
9
Ambil v. Sandiganbayan, G.R. No. 175457, 06 July 2011.
10
Id.
11
Id.
12
Supra at note 1, sec. 9.