Pages

Friday, June 8, 2012

Other People Under RA 3019

Now that you know about the offenses of public officers under RA 3019, here are the provisions of the same law that target other offenders. The penalties that cover these offenses are the same as those of public officers.

Persons with family ties or close personal relations with any public official are prohibited from taking advantage of such ties or relationships by directly or indirectly asking for or receiving any gift or material/pecuniary advantage from people or entities who have business, transactions or contracts with the government wherein the official concerned is required to intervene. "Family ties" include the spouse as well as relatives up to the 3rd civil degree. "Close personal relation" includes close personal friendship and professional employment that gives rise to intimacy and assures free access to the official in question. This includes membership in social and fraternal organizations.

Relatives within the 3rd civil degree of the President, Vice-President, Senate President and House Speaker are not allowed to intervene directly or indirectly in any business, contract or transaction with the government. The exceptions are:

1.) If the transaction, etc. in question was already going on when the official in question assumed office
2.) If the official in question was already dealing with the government on the same line of business before he assumed office
3.) If the approval of application filed by the officer in question isn't discretionary but depends on requirements set down by law, rules and regulations
4.) If the act is lawfully performed in an official capacity or in the exercise of a profession (be careful of this part)

A member of Congress (meaning both the Senate and House of Representatives,) during his term in office, is not allowed to acquire or receive any personal pecuniary interest in any specific business enterprise that will indirectly or directly benefit from any law or resolution authored by him previously approved or adopted by Congress during said member's term. This extends to other public officers who recommended the initiation of such law or resolution in Congress and who later acquire or receive such interest during their incumbency. Furthermore all officers, whether members of Congress or not, so long as they have an interest in the business enterprise in question, are prohibited from retaining the interest in question if it continues for 30 days after its approval.

No comments:

Post a Comment