Sorsogon Provincial Legal Office

Camp Salvador C Escudero, Sorsogon City

Lecture on Anti-Graft and

Corrupt Practices and
Ethical Leadership
 ANTI-GRAFT AND
CORRUPT PRACTICES
(REPUBLIC ACT NO. 3019)
WHAT IS GRAFT?

Acquisition of gain or advantage by

dishonest, unfair or sordid means
especially through the abuse of one’s
position or influence in politics, business
etc. (Webster’s dictionary)
WHAT IS CORRUPTION?

Dishonest or fraudulent conduct

committed by those in power (IOS
6 Dictionary)
CONSTITUTIONAL BASIS OF RA
3019

Article XI.Section 1. Public office is a

public trust. Public officers and
employees must at all times be
accountable to the people, serve them
with utmost responsibility, integrity,
loyalty, and efficiency, act with
patriotism and justice, and lead modest
lives.
Persons Liable

Applies to both PUBLIC OFFICERS AND PRIVATE

PERSONS
"Public officer" includes 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. (Sec. 2 (b), RA 3019)

"Public Officials" includes elective and appointive officials

and employees, permanent or temporary, whether in the career
or non-career service, including military and police personnel,
whether or not they receive compensation, regardless of
amount. Sec. 3 (b), RA 6713
Prohibited Acts

Public Officers - liable

Section 3 (a), RA 3019

Persuading, inducing or influencing another public

officer to perform an act constituting a violation of
rules and regulations duly promulgated by competent
authority 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.
Penalties

Administrative Penalties

Principal Penalty - Dismissal from the service

Accessory Penalties – forfeiture of retirement

benefits, disqualification to hold public office
and cancellation of civil service eligibility
Suspension and loss of benefits

Any public officer against whom any criminal

prosecution on bribery is pending in court, shall
be suspended from office. 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 and to the salaries and benefits
which he failed to receive during suspension,
unless in the meantime administrative
proceedings have been filed against him.
Effect of pendency of investigation and
prosecution
Section 13
No public officer shall be allowed to resign or retire
pending an investigation, criminal or
administrative, or pending a prosecution against
him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery
Prescription of offense
Section 14
All offenses punishable under this Act shall
prescribe in ten years.
ETHICAL LEADERSHIP
WHAT IS ETHICAL LEADERSHIP?

Without denying the importance of good

character and the right values, the
reality of ethical leadership is far more
complex.
“Ethics is knowing the difference
between what you have a right to
do and what is right to do.”

-Potter Stewart
END OF PRESENTATION.

THANK YOU.