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COMMON VIOLATIONS:

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.

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 govt 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

Thank You.