ANTI-GRAFT AND CORRUPT

PRACTICES
(REPUBLIC ACT 3019)
PRESENTED BY: JOVEN M. CORITANA
INTRODUCTION:

Anti-graft and corrupt

practices is a widespread
issue in many countries,
including the Philippines.
INTRODUCTION:

To address these
problems, the Philippine
government has enacted
Republic Act No. 3019,
also known as the Anti-
Graft and Corrupt
Practices Act in 1960.
HISTORY
HISTORY

• 1930s: The need for anti-graft and corrupt

practices legislation in the Philippines was
recognized.
• 1960: Republic Act No. 3019 was enacted
as the Anti-Graft and Corrupt Practices Act.
HISTORY

• 1978: The law was amended to increase the penalties

for violators and to provide for the forfeiture of any
illegal wealth acquired through corrupt practices.
• 1980s-1990s: Republic Act No. 3019 was used as a
tool in the fight against corruption in the Philippines,
with several high-profile cases being prosecuted
under the law.
HISTORY

• 2001: The law was amended to include provisions

relating to the procurement of government
contracts and to provide for the creation of the
Office of the Ombudsman.
• 2010s: Republic Act No. 3019 continues to be an
important law in the Philippines, with several
cases being filed and prosecuted under the law.
HISTORY

• 2021 to present: The law remains in

effect, serving as a deterrent to
corruption in government and
promoting transparency and
accountability in the public sector.
R.A. 3019: Section 1
R.A. 3019: Section 1.

• The section establishes the principle that public

office is a public trust and that it is the duty of
the government to ensure that public officials
and employees fulfill this trust by conducting
themselves with honesty and integrity in the
performance of their official duties.
R.A. 3019: Section 2
R.A. 3019: Section 2.

It defines key terms used throughout the act.

• "GOVERNMENT" as the national government, local

governments, government-owned and government-
controlled corporations, and all other
instrumentalities or agencies of the Republic of the
Philippines and their branches.
R.A. 3019: Section 2.

It defines key terms used throughout the act.

• "PUBLIC OFFICER" includes elective and

appointive officials and employees,
permanent or temporary, who receive
compensation from the government.
R.A. 3019: Section 2.

It defines key terms used throughout the act.

• "RECEIVING ANY GIFT" is defined as accepting

a gift from a person other than a member of
the public officer's immediate family, if the
value of the gift is manifestly excessive.
R.A. 3019: Section 2.

It defines key terms used throughout the act.

• "PERSON" is defined as both natural

and juridical persons, unless the
context indicates otherwise.
R.A. 3019: Section 3
R.A. 3019: Section 3

• Prohibits public officials and employees

from directly or indirectly having any
financial or pecuniary interest in any
business, contract or transaction in which
they are prohibited by the Constitution or
by any law from having any interest.
R.A. 3019: Section 4
R.A. 3019: Section 4

• Prohibits public officials from using their

official positions for personal gain or
advantage, such as by requesting or receiving
any gift, present, percentage, or benefit in
connection with any contract or transaction
between the government and any other party.
R.A. 3019: Section 5
R.A. 3019: Section 5

• Prohibits public officials from 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 their official
administrative or judicial functions.
R.A. 3019: Section 6
R.A. 3019: Section 6

• Prohibits members of Congress and other public

officers from acquiring or receiving a personal
pecuniary interest in a specific business enterprise
that will be directly and particularly favored or
benefited by a law or resolution authored or
recommended by them and approved or adopted
by the Congress during the same term.
R.A. 3019: Section 7
R.A. 3019: Section 7

• Requires public officials and employees

to file a statement of assets, liabilities,
and net worth (SALN) every year and to
disclose all business interests and
financial connections.
R.A. 3019: Section 8
R.A. 3019: Section 8

• This section of the Republic Act No. 3019

states that if a public official is found to
have acquired wealth that is
disproportionate to their salary and lawful
income during their term in office, they
can be dismissed or removed.
R.A. 3019: Section 9
R.A. 3019: Section 9

• Prohibits public officials from entering

into any contract or transaction on
behalf of the government that is
manifestly and grossly
disadvantageous to the latter.
R.A. 3019: Section 10
R.A. 3019: Section 10

• Section 10 of Republic Act No. 3019 states

that until another law says otherwise, all
cases involving violation of the act will be
handled by the Sandiganbayan, a special
court in the Philippines.
R.A. 3019: Section 11
R.A. 3019: Section 11

• Provides for the suspension of

public officials and employees
who are facing criminal charges
related to the violation of Republic
Act No. 3019.
R.A. 3019: Section 12
R.A. 3019: Section 12

• Provides for the forfeiture of the

benefits and profits derived from
any violation of the provisions of
Republic Act No. 3019.
KEY PROVISIONS
KEY PROVISIONS

1. Prohibition
against Requesting
or Receiving Gifts
KEY PROVISIONS

2. Ban on Manifestly
Disadvantageous
Transactions
KEY PROVISIONS

3. Bar on
Pecuniary
Interests
KEY PROVISIONS

4. Asset Declaration
and Explanation of
Wealth
KEY PROVISIONS

5. Penalties for
Violations
[ G.R. Nos. 237432-33. April 28, 2021 ]
JESUS LORETIZO NIEVES,
PETITIONER, VS. PEOPLE OF THE
PHILIPPINES, RESPONDENT.
FACTS:

• The petitioner, Jesus Loretizo Nieves,

was the Regional Director (SG 28) of
the Department of Education
(DepEd), Regional Office No. IX (RO
9), Zamboanga City.
FACTS:

• He was also the concurrent Head

of Procuring Entity and approving
official of DepEd RO 9's Bids and
Awards Committee (BAC).
FACTS:

• On April 11, 2006, the petitioner gave

unwarranted benefits, advantage, and
preference to Felta Multi-Media, Inc. by
falsifying the BAC Resolution and forging the
signatures of Harpi A. Sali, BAC Vice Chairman,
Virginia C. Amiruddin, and Pilar J. Rico, Member.
FACTS:

• The BAC Resolution made it appear that

the BAC recommended direct contracting
as the mode of procurement of IT package
materials worth P4,776,786.00 from Felta
in violation of the requirement of public
bidding under Republic Act No. 9184.
FACTS:

• The release of the payment

to Felta caused damage
and injury to the
government.
FACTS:

• The petitioner was charged with violation

of Section 3(e) of Republic Act No. 3019
(Anti-Graft and Corrupt Practices Act) and
Falsification of Public Document under
Article 171 of the Revised Penal Code
(RPC).
ISSUE:

• The issue in this case is whether the

petitioner is guilty of violating Section
3(e) of Republic Act No. 3019 and of
Falsifying a Public Document under
Article 171 of the Revised Penal Code.
HELD/RULING:

• The Sandiganbayan First Division found

the petitioner guilty in both criminal
cases. The petitioner filed a Petition for
Review on Certiorari but the Supreme
Court affirmed the decision of the
Sandiganbayan First Division.
HELD/RULING:

• The petitioner was found guilty of giving

unwarranted benefits, advantage, and
preference to Felta Multi-Media, Inc. by
falsifying the BAC Resolution and forging the
signatures of Harpi A. Sali, BAC Vice Chairman,
Virginia C. Amiruddin, and Pilar J. Rico, Member.
HELD/RULING:

• The act of falsifying the BAC

Resolution perverted the truth and
was in violation of the legal obligation
to disclose the truth inherent in the
Government Procurement Reform Act.
END