Corrupt Practices of Public Officers

The following, which are listed in Sec. 3 of RA 3019 (the anti-graft law,)  are consider corrupt practices of government officers under the anti-graft law. Even contractual employees of the government as well as reelected public officials can be prosecuted under this law.

1.) A public officer influencing or inducing another public officer to commit an offense in connection with his (the latter's) duties or an act that violates rules and regulations promulgated by competent authority; or if a public officer allows himself to be influenced or induced to commit the offense in question. In both instances, the corrupting party and corrupted are liable.

2.) Demanding, requesting and/or receiving any gift, share, percentage or benefit, for oneself or any other person, in connection with any contract or transaction between the government and any other entity wherein a public official is required to intervene in an official capacity under the law. Any or all of the three (demanding, etc.) are punishable.

3.) Directly/indirectly requesting/receiving any gift, pecuniary/material benefit, etc. for oneself or another, from any person for whom the public officer has secured or obtained (or will secure or obtain) in any capacity, any government permit or license in exchange for help given/already given without prejudice to sec. 13 of the same law (suspension.)

4.) Accepting or having any family member accept employment in a private enterprise that has pending official business with the officer in question during the pendency of the transaction or within a year after the transaction is terminated.

5.) Causing undue damage to any party (including the government) or giving any private party unwarranted benefits, preference etc. in the discharge of official administrative/judicial functions via obvious partiality, clear bad faith or gross inexcusable negligence. This also extends to employees of government corporations that have the duty to grant licenses, permits or other concessions.

6.) Neglecting/refusing without sufficient justification after being requested or demanded to act within a reasonable time on any case pending before a public officer for the purposes of directly/indirectly obtaining some pecuniary/material benefit from any person interested in the case, favoring the officer's own interests, or giving undue advantage in favor of or discriminating against other interested parties.

7.) Entering on the government's behalf into any contract or transaction that is clearly and grossly disadvantageous to the government regardless of whether or not the public officer in question has profited or will profit from the contract/transaction. The officer in question must have the authority to conclude the transaction/contract and bind the government to it and must not have been rescinded.

8.) Directly/indirectly having financial interest in any business, contract or transaction in connection with which one intervenes or participates in an official capacity or in which law or the constitution forbids such interest.

9.) Directly/indirectly becoming interested, for personal gain, or having a material interest, in any act/transaction that requires the approval of a board, panel, etc. where the public officer is a member and the approval requires discretion. Even if he votes against the approval or doesn't participate in the action of the board, he's still liable. Personal interest is presumed by the law itself against the members of the panel/board responsible for the approval of clearly irregular, illegal, etc. transactions of the board.

10.) Knowingly approving or granting licenses, privileges, benefits or permits to unqualified persons or those not legally entitled to such privilege, etc. or to dummies or representatives of unqualified persons/entities.

11.) Divulging valuable confidential information acquired by the officer's office (or by him on account of his official position) to unauthorized persons or releasing such information before its authorized release date.

The person offering or giving the gift in # 2 and 3 or making the offer of employment to the public officer in #4, as well as the one who urges the divulging of the information will be meted out the same penalty as the officer in question and, at the court's discretion, be temporarily or permanently disqualified from doing business with the government in any form.

Violations are penalized by the following:

1.) Imprisonment for 1 to 10 years;

2.) Perpetual disqualification from public office; and,

3.) Government confiscation/forfeiture of any prohibited interest and unexplained wealth clearly out of proportion to the officer's lawful salary and other legitimate income 

In case of conviction the complaining party on whose complaint the criminal case was filed will be entitled to recover the amount of money or thing given to the accused (or its value.) The prescriptive period of violations of the anti-graft and corrupt practices act is 15 years.