R.A.

3019
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Summary
Modes of committing acts penalized under the law
provided under Section 3

(d) Accepting or having any member of his family

accept employment in a private enterprise which
has pending official business with him
a.

During the pendency thereof or

b.

Within one year after its termination.

(a) Elements:
a.

The offender is a public officer;

(e) Elements:

b.

That he:
i.

ii.

a.

The accused must be a public officer

discharging administrative, judicial or official
functions or a private person charged in
conspiracy with the former ;

Persuades, induced or influence another

public officer to:
1.

Perform an act that violates rules and

regulations duly promulgated by
competent authority;

b.

He must have acted with manifest partiality,

evident bad faith or gross inexcusable
negligence; and

2.

Perform an offense in connection with

his official duties; OR

c.

His action caused any undue injury to any

party, including the government, or gave any
private party unwarranted benefits, advantage
or preference in the discharge of his functions

Allows himself to be persuaded, induced

or influenced to commit such violation or
offense

(f) Elements:
(b) Elements:
a.

The offender is a public employee;

b.

That he made a request or asked a gift;

c.

The request was made in connection with a

transaction in the government; and

d.

a.

The public officer neglected or refused to act

without valid reason after due demand has
been made on him;

b.

Reasonable time has elapsed after due

demand or request;

c.

Such failure to act is for the purpose of

obtaining pecuniary or material benefit or
advantage in favor of an interested party

He has the right to intervene in the

transaction based on his official capacity

(c) Elements:
a.

The offender is a public officer;

b.

That he secured or obtained a permit or

license for another person;

c.

That he directly/indirectly requested any

pecuniary or material benefit in consideration
with the help given

(g) Elements:
a.

That the public officer entered into a contract

or transaction on behalf of the government;

b.

That such contract is grossly disadvantageous

to the government

(h) Elements:

a.

The accused is a public officer

a.

Acquired by his office or by him

b.

He has direct or indirect financial or pecuniary

interest in any business, contract or
transaction; and

b.

On account of his official position to

unauthorized persons, or

c.

That (a) he either intervenes or takes part in

his official capacity in connection with such
interest OR (b) prohibited from having such
interest by the Constitution or by law.

(i) Directly or indirectly becoming interested, for

personal gain, or having a material interest:
a.

Releasing such information in advance of its

authorized release date.

Section 6. Prohibition on Members of Congress.

-

In any transaction or act requiring the

approval of a board, panel or group
i.

Of which he is a member, and

ii.

Which exercises discretion in such

approval, even if he votes against the
same or does not participate in the action
of the board, committee, panel or group.

Section 7. Statement of assets and liabilities.

-

Within the month of January of every other year

thereafter, as well as upon the expiration of his
term of office, or upon his resignation or
separation from office,

Shall prepare and file a true detailed and sworn

statement of assets and liabilities;

Interest for personal gain shall be presumed.

(j) Knowingly approving or granting any license,

permit, privilege or benefit in favour:
a.

Of any person not qualified for or not legally

entitled to such license, permit, privilege or
advantage, or

During term, unlawful to to acquire or receive any

personal pecuniary interest in any specific
business enterprise which will be directly and
particularly favored or benefited by any law or
resolution authored by him previously approved
or adopted by the Congress during the same
term.

Section 8. Dismissal due to unexplained wealth

Of a mere representative or dummy of one

who is not so qualified or entitled.

An amount of property and/or money manifestly

out of proportion to his salary and to his other
lawful income, that fact shall be a ground for
dismissal or removal.

(k) Divulging valuable information of a confidential

character,

Section 12. Termination of office. 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.

b.