ANTI-GRAFT LAWS

Crimes Committed by Public Officers

(Book II, Title VII, Revised Penal Code)

Anti-Graft and Corrupt Practices Act

(RA 3019)

Law on Forfeiture of Unlawfully Acquired Properties

(RA 1379)

Plunder Law (RA 7080)

WHO ARE PUBLIC OFFICERS?
 ARTICLE 203 OF THE RPC
Any person who:
BY DIRECT PROVISION OF THE LAW,
POPULAR ELECTION or
APPOINTMENT by competent authority, shall TAKE
PART IN THE PERFORMANCE OF PUBLIC FUNCTIONS or
shall PERFORM PUBLIC DUTIES,
shall be deemed to be a public officer.
Elective and appointive officials and
employees

Permanent or Temporary

Receiving compensation from the

government, even of nominal amount
 DIRECT BRIBERY
(Article 210, RPC)

By agreeing to perform, or by
performing, in consideration of any offer,
promise, gift or present, an act
constituting a crime, in connection with
the performance of his official duties
 DIRECT BRIBERY
(Article 210, RPC)

By accepting a gift in consideration of the

execution of an act which does not
constitute a crime, in connection with the
performance of his official duty.
 DIRECT BRIBERY
(Article 210, RPC)

By agreeing to refrain, or by refraining,

from doing something which it is his
official duty to do, in consideration of a
gift or promise.
 INDIRECT BRIBERY
(Article 211, RPC)
Elements:
1. That the offender is a public officer;
2. That he accepts gifts;
3. That the said gifts are offered to him by
reason of his office.
 QUALIFIED BRIBERY
(Article 211-A, RPC)
Elements:
1. That the offender is a public officer entrusted
with law enforcement;
2. That the offender refrains from arresting or
prosecuting an offender who has committed a
crime punishable by reclusion perpetua and/or
death;
3. That the offender refrains from arresting or
prosecuting the offender in consideration of any
promise, gift or present.
 CORRUPTION OF PUBLIC OFFICIALS
(Article 212, RPC)
Elements:
1. That the offender makes offers or promises or gives
gifts or presents to a public officer;
2. That the offers or promises are made or the gifts or
presents given to a public officer, under
circumstances that will make the public officer
liable for direct bribery or indirect bribery.
 PRESIDENTIAL DECREE NO. 46

- Punishable for any public official or employee to

RECEIVE, and for private persons to GIVE, or OFFER to
give any gift, present or other valuable thing

- on any occasion, including Christmas

 PRESIDENTIAL DECREE NO. 46
- when such is GIVEN BY REASON OF HIS OFFICIAL
POSITION

- regardless of whether or not the same is for PAST

FAVOR/S or the giver hopes or EXPECTS TO RECEIVE A
FAVOR OR BETTER TREATMENT IN THE FUTURE
 PRESIDENTIAL DECREE NO. 46

Included within the prohibition is the throwing

of parties or entertainments in honor of the
official or employee or of his immediate
relatives.
 PRESIDENTIAL DECREE NO. 749
- Grants immunity from prosecution to givers of bribes and
other gifts and to their accomplices in bribery and other
graft cases against public officers

• Info refers to consummated violations

• Info and testimony are necessary for the conviction of the
accused public officer
• Info and testimony are not yet in the possession of the State
• Info and testimony can be corroborated
• Informant/witness has not been previously convicted of a
crime involving moral turpitude
 MALVERSATION
Elements:
1. That the offender is a public officer;
2. That he had custody or control of funds or property
by reason of the duties of his office;
3. That those funds or property were public funds or
property for which he was accountable;
4. That he appropriated, took, misappropriated or
consented or, through abandonment or negligence,
permitted another person to take them.
 PRESUMPTION OF GUILT

The failure of a public officer to have duly

forthcoming any public funds or property
with which he is chargeable, shall be prima
facie evidence that he has put such missing
funds or property to personal use
 EFFECT OF REIMBURSEMENT

- Not a defense

- payment erases only the civil aspect

- mitigating circumstance
 FAILURE TO RENDER ACCOUNTS
Elements:
1. That the offender is a public officer;
2. That he is an accountable officer for public funds or
property;
3. That he is required by law or regulation to render
accounts to COA;
4. That he fails to do so for a period of two months
after such accounts should be rendered.
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY

Elements:
1. That the offender is a public officer;
2. That there is public fund or property under his
administration;
3. That such public fund or property has been
appropriated by law or ordinance;
4. That he applies the same to a public use other than
that for which such fund or property has been
appropriated by law or ordinance.
 LIFESTYLE PROBE

Legal bases:
Section 4(h) of RA 6713 – Public
officials and employees to lead modest
lives
RA 1379 – Forfeiture of Ill Gotten
Wealth
 R.A. NO. 1379
Section 2 – Whenever any public officer or employee
has acquired during his incumbency an amount of
property which is manifestly out of proportion to his
salary as such public officer of employee and to his
other lawful income, said property shall be presumed
prima facie to have been unlawfully acquired.
 What are illegally acquired properties?
In general, properties acquired
during one’s incumbency which are
manifestly out of proportion to one’s
salary or other lawful income
Property whose ownership is
concealed by being recorded in the Legitima
name of another person Properties te
income
Property transferred to another
person on or after the effectivity of
this Act
Property donated to respondent
during incumbency, unless he can
prove lawful donation
 RA 1379
Covers all government employees, even
those who have ceased to hold office
within 10 years prior to the approval of
this Act (June 18, 1955)

PRESCRIPTIVE PERIOD

4 years from resignation or separation

from the service
 PRESCRIPTIVE PERIOD

Republic vs. Migriño: 4 year prescriptive period is

inconsistent with Sec. 15 of 1987 Constitution
which provides that the right of the State to
recover properties unlawfully acquired shall not
be barred by prescription, laches or estoppel

• Thus, Sec. 2 of RA 1379 is deemed

amended/repealed and resignation or separation
from office will not bar the filing of the petition
REPUBLIC ACT 3019
Anti-Graft and
Corrupt Practices Act
ACTS THAT CONSTITUTE GRAFT
AND CORRUPTION UNDER RA
3019
RA 3019 Section 3 (a)
Persuading, inducing or
influencing another
public officer to perform
an act constituting a
violation of rules and
regulations or an
offense in connection
with the official duties of
the latter
Allowing himself to be
persuaded, induced or
influenced to commit
such violation or
offense
RA 3019 Section 3 (b)
Requesting or
receiving gift, present,
share, percentage or
benefits for himself or
for another
In connection with any
contract or transaction
between the gov’t and
any other party
Wherein the public
officer has official
capacity to intervene
RA 3019 Section 3 (c)
Requesting or
receiving any gift,
present or any benefit
For any help given or
to be given
In securing or
obtaining any
government permit or
license
RA 3019 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 his
termination
 RA 3019 Section 3 (e)
Causing undue injury or giving
unwarranted benefits, advantage or
preference to any party
In the discharge of official functions
Through manifest partiality, evident
bad faith or gross inexcusable
negligence
RA 3019 Section 3 (f)
Neglecting or refusing
to act on any matter
pending before him for
the purpose of
obtaining some
benefit or advantage
Or for the purpose of
favoring his own
interest or giving
undue advantage in
favor of or
discriminating against
any interested party
RA 3019 Section 3 (g)
• Entering into any
contract or transaction
manifestly and grossly
disadvantageous to the
government
• Whether or not the
public officer profited
or will profit thereby
 RA 3019 Section 3 (h)

Having financial or
pecuniary interest in
any business, contract
or transaction

Which he
intervenes or
takes part in his
official capacity
 RA 3019 Section 3 (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
Or of a mere representative or dummy of one
who is not so qualified or entitled
 MANDATORY SUSPENSION

Sec. 13 – Any incumbent public officer against whom any

criminal prosecution under a VALID INFORMATION
under this Act or under Title 7, Book II of the Revised
Penal Code or for any offense involving fraud upon
government or public funds or property, whether as a
simple or as a complex offense and in whatever stage of
execution and mode of participation, is pending in court,
shall be SUSPENDED from office.
 PLUNDER (RA 7080)

Person liable - Any public officer who, by

himself or in connivance with members of his
family, relatives, business associates,
subordinates or other persons, amasses,
accumulates, or acquires ill-gotten wealth
through a COMBINATION or SERIES OF OVERT
OR CRIMINAL ACTS in the aggregate amount
of at least P50 million pesos (as amended by
RA 7659)
 SALIENT FEATURES OF RA 7080
• Graft and corruption on a massive scale
• 50 million pesos (down from 75)
• Series or combination of criminal acts
• Criminal penalty plus forfeiture
• Acquisition of property the amount of
which is manifestly out of proportion to
legitimate income