anti graft and corrupt practices act official gazette'

The above contract was preceded by a resolution of the Board of Directors of the Civil Service Cooperative Store and Consumers Cooperative Association, Inc. (Exh. Corruption Perceptions Index. The Office of the Ombudsman’s main building in Quezon City. The criminal information in that case reads: “The undersigned Assistant Fiscal accuses COMMISSIONER ABELARDO SUBIDO of Violation of Republic Act No. 22 Administrative Offense with its corresponding penalties are classified with grave, less grave grave and light, depending on the gravity of its nature and effects of said acts on the government service. Respondent argues that the dismissal of the anti-graft case against him after its merits were thoroughly reviewed by the investigating fiscal “has a persuasive and preponderant effect on the administrative case” and “negatives the existence of any irregularity or corrupt practice in the execution and implementation of the two lease contracts covering respondent’s lot”. Q-7212 cannot be a ground for the dismissal of the present administrative case, since the violation of Section 3(g) of Republic Act No. Petitioners were charged with a violation of Section 3(e) of R.A. No. REPUBLIC ACT NO. To avoid criticism and suspicion of favoritism, he should have discouraged their appointments or designations or, if they had already been made when the same were brought to his attention, he should have suggested their revocation. 01-0017-FS. for recreational purposes, under the terms and conditions that he may set.” This contract of April 22, 1966, was followed on May 27, 1966, by a second contract of lease covering another unspecified portion of the same property in favor of the Civil Service Commission (Exhs. Statement of policy. 3019. Thus, in my capacity as Commissioner of Civil Service, and conformably with my sworn duty as such, I undertook the drawing of plans for the development of the area as a Recreation Center. Illegal, unauthorized and involuntary exaction of money from subordinate officials and employees for a so-called “Welfare Fund”; 2. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, as amended, Aug. 17, 1960) It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. Managed by EDP/IT Division of the Presidential Communications Operations Office (PCOO), is a project of the Civil Service Commission, in my capacity as Commissioner of Civil Service, Official Gazette of the Republic of the Philippines, Administrative Order No. In his aforesaid letter to the Auditor General dated July 12, 1967, respondent made specific reference to the contract of May 27, 1966; so, when, in his letter of August 17, 1967, he asked the Auditor General whether or not a letter-guaranty of the tenor he suggested in his previous letter of July 12, 1967, would be sufficient basis for the disbursement of public funds for the CSC Center in Quezon City, respondent had in mind the portion covered by the contract of May 27, 1967, as the site of CSC Recreational Center. Q-7212 alleged only a violation of Section 3(a) of Republic Act No. During her conversation with respondent, the latter wrote in a piece of paper the amount in figure “₱5,000” and showed it to her. Thereat, private complainant handed to respondent the envelope containing the marked money. Sometime in September 2001, complainant went to the office of respondent at the Manila City Hall to file her reply to the “Motion to Dismiss” filed by the spouses Magbitang. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT Section 1. nagtatala ng marka ng korupsyon ng bawat bansa. On April 22, 1966, respondent, as lessor, and the Civil Service Cooperative Store and Consumers Association, Inc., as lessee, entered into a contract covering an unspecified portion of the above property (Exh. GLORIA MACAPAGAL-ARROYO P), “a project of the Civil Service Commission, financed with government funds taken from the appropriations for the Civil Service Commission and the Boards of Examiners” (Exh. Done in the City of Manila, this 21st day of July, in the year of Our Lord, nineteen hundred and seventy-one. Corrupt practices of public officers.– In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officers and are hereby declared to be unlawful: “(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby.” (Emphasis supplied.). It is clear that the transaction which resulted in the construction of the Civil Service Recreation Center was highly and grossly disadvantageous to the Government and that respondent violated Section 3(g) of Republic Act No. Another comprehensive law passed to address and curb the commission of malfeasance in government is Republic Act No. After the reinvestigation, the fiscal handling the case held that respondent did not commit the offense charged in the information and upon his motion, the court dismissed the case on December 23, 1967 (Exhs. Edited at the Office of the President of the Philippines Under Commonwealth Act No. 1379, otherwise known as "An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully TRUTH & JUSTICE Palacio del Gobernador Bldg., Gen. Luna St., Intramuros, Manila While the aforequoted information contains the descriptive phrases “having financial or pecuniary interest in a building construction and on a land located along the Elliptical Road, East Triangle, part of the National Park, Quezon City, in connection with which transactions the above-named accused did then and there enter and/or intervene or take part in his official capacity and in which he is prohibited by the Constitution and laws from having any interest in a business, contract, or transaction in behalf of the government, manifestly and grossly disadvantageous to the same”, which at first glance would give the impression that a violation of Section 3(g) of Republic Act No. ALEJANDRO MELCHOR Statement of policy. 6713, otherwise known as the “Code of Conduct and Ethical Standards for Public Officials and Employees;” Under the circumstances, respondent had the burden of proof to satisfactorily show that the amount he received was not for the purpose as alleged by said complainant. The charge for violation of Republic Act No. During the formal administrative investigation, private complainant reaffirmed her complaint against respondent. The PACC has the power to hear and investigate administrative cases against all presidential appointees in the Executive Branch for acts or omissions constituting violations of the Anti-Graft and Corrupt Practices Act or Republic Act (RA) No. Thereafter, the case against Velasco for the offense of Direct Bribery (Art. ; emphasis supplied.). (Sgd.) Q-7212 of the Court of First Instance of Rizal, Quezon City Branch, against herein respondent filed on July 18, 1966. However, respondent explained that the ₱5,000.00 is the amount that she was supposed to give him in consideration for the filing of a criminal Information in court for oral defamation against the spouses Magbitang. 3019; RA No. The Official Gazette is the official journal of the Republic of the Philippines. Republic Act No. ... FMM joins calls for govt to gazette law on corporate graft. The evidence, however, shows that a clubhouse, bowling alleys, a swimming pool, tennis, badminton, basketball and handball courts, and a lagoon have been constructed (Exh. 9194. Corruption is a form of dishonesty or criminal offense undertaken by a person or organization entrusted with a position of authority, to acquire illicit benefit or abuse power for one's private gain. I, therefore, agree with the Presidential Investigating Committee that respondent violated Section 3(g) of Republic Act No. 4-B & 4-C, Ocular Inspection). The following statements of respondent indubitably indicate this: “(1) I revived the Consumers Cooperative Store. I can therefore do no less in this case, affecting as it does one from whom much is logically demanded and expected as head of the Civil Service Commission in his actuations and decorum for the emulation and guidance of the rank and file in the civil service. Foreign Corrupt Practices Act (FCPA) The FCPA is the primary anti-bribery law in the United States. : 264 – 316]. 3019 Anti-Graft and Corrupt Practices Act (Approved on August 17, 1960). Edited at the Office of the President of the Philippines Under Commonwealth Act No. the "Anti-Graft and Corrupt Practices Act 2. Illegal assignments of personnel for ulterior motives; 5. Manila, Ma. 3019 (The Anti-Graft and Corrupt Practices Act) is the main anti-corruption law. Republic Act No.. 3019 also known as the Anti-Graft and Corrupt Practices Act of 1960 This law enumerates all corrupt practice of any public officer, declares them … 3019] ANTI-GRAFT AND CORRUPT PRACTICES ACT Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. 01-0017-FS in the office a quo), for grave misconduct. The Secretary of Justice found respondent ACOP Velasco guilty of the offense charged and recommended his dismissal from the government service. 51, November 25, 2002, Presidential Communications Operations Office (PCOO). His explanation that the amount of ₱5,000.00 he received from complainant represented payment for the cell phone unit that the latter had purchased from him is too trite to be given credence. x x x In order to activate it, I gave it an initial capital of P2,000 from my own personal funds.” (Page 7, answer to complaint.). In his four-page complaint, businessman Mark Yu said Cebu City Prosecutors Liceria Lofranco-Rabillas and Gandhi Truya committed grave misconduct and violated Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. By. 39-A), informing the Commissioner that he (Auditor General) refrained from making any comment thereon because “the question of the validity and propriety of the lease contract was sub judice“. 3 (b) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, was elevated to the DOJ for inquest proceedings. 1379, otherwise known as "An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully TRUTH & JUSTICE Palacio del Gobernador Bldg., Gen. Luna St., Intramuros, Manila 39). “No government official, including legislators, is above the law. Office of the President of the Philippines. 3019. Lourdes S. Pe Benito City Prosecutor Constancio C. Velasco Corruption is a form of dishonesty or criminal offense undertaken by a person or organization entrusted with a position of authority, to acquire illicit benefit or abuse power for one's private gain. Both contracts of April 22 and May 27, 1966, contain identical stipulations and the same must have been extended until respondent’s tenure of office expires on May 22, 1973, as he informed the Executive Secretary in his letter of May 23, 1966 (Annex P, respondent’s answer) and as suggested in his letter to the Auditor General dated July 12, 1967 (Exh. As aptly observed by the investigating committee, said appointments or designations may not be prohibited by law or regulation but not all valid acts are morally defensible. The Official Gazette is the official journal of the Republic of the Philippines. Unfortunately, respondent failed to do so. ANTI-GRAFT AND CORRUPT PRACTICES ACT. AN ACT AMENDING REPUBLIC ACT NO. As correctly observed by the PIC, the finding which respondent disputes was based on his own evidence particularly his answer. [Administrative Order Nos. Learn more about the Philippine government, its structure, how government works and the people behind it. Section 3, paragraph (b), of Republic Act No. 39), respondent suggested that he be allowed to revoke the contract of May 27, 1966, and issue in lieu thereof a letter-guaranty addressed to the Auditor General to the effect that he “would continue to allow the government to make use of my said property free of charge for the duration of my tenure of office as Commissioner of Civil Service (which will expire on May 22, 1973) and that the improvements shall be removed by the Civil Service Commission on the expiry date thereof”. The evidence does not show that respondent consulted the President on the propriety of the contract of May 27, 1966. Corrupt practices of public officers .- (1) Republic Act No. 3019. WHEREFORE, premises considered and as recommended by the Department of Justice, Assistant City Prosecutor Constancio C. Velasco of the City Prosecution Office of Manila, is hereby ordered DISMISSED from the government service with forfeiture of leave credits and retirement benefits and disqualification for re-employment in the government service. (Sgd.) 95882 of the Register of Deeds of Quezon City. It will be observed that to commit a violation of the above-quoted provision of the Anti-Graft Act the public officer need not profit from the contract or transaction, it being enough that the same is manifestly and grossly disadvantageous to the Government. RA No. Beronio, along with his co-accused, were charged with graft under RA 3019 or the Anti-Graft and Corrupt Practices Act but subsequently withdrew his "not guilty" plea and agreed to enter "guilty" plea, the lesser grave charge of violation of RA 6713. 31-C). Reference Number: RA 3019. Drilon, however, said that filing of criminal cases under the Anti-Graft and Corrupt Practices Act must be approved by the Ombudsman. [REPUBLIC ACT NO. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Statement of policy. President of the Philippines, (Sgd.) Moreover, it is doubtful if the materials which may be salvaged from the demolition of the clubhouse can be of any value or use to the Government after their removal from respondent’s property, and there being an express stipulation in each contract of lease requiring the lessee to remove the improvements from the property at the expiration of the contract, the lessee cannot invoke Articles 448, 546 and 548 of the Civil Code and compel respondent to pay for the improvements at the expiration of the lease. Twitter. “The Civil Service Recreation Center is a project of the Civil Service Commission, in cooperation with the Civil Service Cooperative Association. Malacañang, IMPOSING THE PENALTY OF DISMISSAL FROM THE GOVERNMENT SERVICE ON ASSISTANT CITY PROSECUTOR CONSTANCIO C. VELASCO OF THE OFFICE OF THE CITY PROSECUTOR OF MANILA. (i) Receiving for personal use of a fee, gift or other valuable thing in the course of official duties or in connection therewith when such fee, gift and other valuable thing is given by any person in the hope of expectation or receiving a favor or better treatment that accounted to other persons or committing acts punishable under the anti-graft laws. X-5; Annex B, respondent’s answer). 9160] AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, and R.A. No. Moreover, bearing in mind that the clubhouse was conceived and built as part of the recreation center and that respondent officially received notice of complainant’s charges against him on June 19, 1967, as shown by his handwritten notation on the first page of the letter-complaint, I, like the investigating committee, cannot dismiss the belief — if not conviction — that respondent’s decision in 1967 to convert the clubhouse into a records depository was merely to provide him with a convenient defense against the charge of violation of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, when he executed the contracts of lease of April 22 and May 27, 1966, and actively participated in behalf of the Civil Service Commission in the negotiations which led to the construction of the Civil Service Recreation Center as a national project and authorized the disbursement of public funds to finance said project. Investigating Committee that respondent violated Section 3(g) of Republic Act No. The contract stipulated that the lease shall be for a period of three years from the date thereof renewable for a like period at the option of the lessor; that there shall be no rent for the use of the property; that the lot shall be used as the site of the Civil Service Recreation Center for the exclusive use of Civil Service employees, reserving, however, a sufficient area for garage, warehouse for dumping purposes of the Civil Service Commission, and the lessor himself; and that at the expiration of the term of the lease, the lessee shall remove all improvements introduced thereon. Short Title. … President of the Philippines, (Sgd.) batas na ipinapatupad upang mapuksa ang graft and corruption sa ating bansa. REPUBLIC ACT NO. The Official Gazette is the official journal of the Republic of the Philippines. However, the said restaurant was under renovation. [Administrative Order Nos. 638. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019, as amended, Aug. 17, 1960) It is the policy of the Philippine Government, in line with the principle that a public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices or which may lead thereto. The act complained of being a grave offense carries with it the extreme penalty of dismissal from the government service for the first offense (Marasigan v. Buena 284 SCRA 1). Edited at the Office of the President of the Philippines Under Commonwealth Act No. Similarly undisputed is the fact that NBI operatives apprehended respondent in an entrapment operation while receiving marked money from private complainant. As previously observed, the contracts of April 22 and May 27, 1966, contain an identical stipulation that “at the expiration of the term of this lease, the Lessee shall remove all improvements introduced thereon”, but it is obvious that the bowling alleys, the swimming pool, and the tennis, badminton, basketball and handball courts, actually constructed or otherwise, cannot be removed from the leased property without destroying them. Wherefore, the Honorable Abelardo Subido is hereby required to resign from office as Civil Service Commissioner within three (3) days from receipt of a copy of this order, and if he fails to do so, he shall be considered resigned upon the expiration of the period given. 50 dated April 18, 1967, found respondent guilty of violation of the Anti-Graft and Corrupt Practices Act (Rep. Act No. Statement of policy. Office of the President of the Philippines. Download Attachment. Penal laws must be strictly construed against the State. Ndala: The three are Tax Investigation officers at MRA. 3019 (Anti-Graft and Corrupt Practices Act), the relevant provision of which reads: “SEC. It enumerates certain acts of public officers that constitute graft or corrupt practices, or which may lead thereto, as follows: 1. 3019 (The Anti-Graft and Corrupt Practices Act) is the main anti-corruption law. When complainant manifested that she was no longer filing any reply, respondent moved that a formal administrative hearing be held. 26), passed on September 22, 1965, requesting Commissioner Subido “to allow the use of his vacant lot . Official Gazette of the Republic of the Philippines ... (Art. At the hearing before the PIC no evidence was presented to prove that the garage, warehouse or the building or buildings for records depository of the Civil Service Commission as contemplated in the contract of May 27, 1966, had been constructed in respondent’s property (Exh. There is no proof as to what portion of respondent’s property – whether in the unspecified portion leased to the Civil Service Cooperative Store and Consumers Cooperative Association, Inc., or in the equally unspecified portion leased to the Civil Service Commission – the above recreational center adjuncts have been constructed. Bribery of public officials is penalized under Articles 210 to 212 of the Revised Penal Code.There are other laws that penalize corrupt acts/practices and prohibit the giving of gifts to public officers under certain circumstances.Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, committed as follows: “That on or about April 26, 1966, and for sometime prior and subsequent thereto, in Quezon City, Philippines, the above-named accused did then and there wilfully, unlawfully and feloniously, directly or indirectly having financial or pecuniary interest in a building construction and on a land all located along the Elliptical Road, East Triangle, part of the National Park, this City, in connection with which transactions the abovenamed accused did then and there enter and/or intervene or take part in his official capacity and in which he is prohibited by the Constitution and the laws from having any interest in a business, contract or transaction on behalf of the government, manifestly and grossly disadvantageous to the same, and forthwith, the abovenamed accused, pursuant to his criminal design, did then and there perform acts of persuading, inducing or influencing unlawfully another public officer, Councilor Rafael M. Mison, Jr., and other public officers of Quezon City to commit acts constituting a violation of rules and regulations duly promulgated by competent authority or an offense in connection with the official duties of the latter, that is, to refrain from causing the investigation of the illegal construction being committed by the abovenamed accused from instituting any action in connection therewith.” (Exh. . Under the same count, respondent also appears to have countenanced the designations of his two brothers and a sister-in-law, who are employed in other government office as liaison officers to the Civil Service Commission, which designations were clearly not mere coincidences but were due to their close relationship to the respondent Commissioner. the "Anti-Graft and Corrupt Practices Act 2. It enumerates certain acts of public officers that constitute graft or corrupt practices, or which may lead thereto, as follows: ... as payments to public officials by reason of their official position are penalized. Obviously, the Auditor General was referring to Criminal Case No. FMM president says the law is needed to prevent corrupt practices in commercial organisations. We now come to the possible violation, offense or irregularity that respondent may have committed in the premises. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Q-7212, entitled “People vs. Commissioner Abelardo Subido”, on which this administrative order shall deal later. Then Assistant Department Head II Julianito M. Ortigas was initially slapped with violation of Section 3(e) of Republic Act No. Office of the City Prosecutor REPUBLIC ACT NO. Respondent thereupon wrote a letter to the Auditor General on August 17, 1967, asking that a ruling be made on the question of whether or not a letter-guaranty described in the former’s letter of July 12, 1967, “will be sufficient basis for the disbursement of public funds for the Civil Service Commission Center in Quezon City”, to which letter the Auditor General replied on September 4, 1967, that “under the peculiar circumstances of this case, it is my considered view that the problem at hand involves a matter the resolution of which is better left to the judgment of the President of the Philippines”. On December 18, 2001, DOJ filed a formal administrative charge against respondent for grave misconduct, docketed as NPS Administrative Case No. REPUBLIC ACT No. With his exalted position in the Government, being no less than an ex officio member of the Cabinet and at one time the head of the defunct Presidential Anti-Graft Committee (PAGCOM), he should have known better than to involve himself and assume a primary role in said anomalous contracts. RA No. The PIC in its supplemental report after the reinvestigation states that it is convinced that from the start respondent had himself in mind as the ultimate beneficiary of the improvements to be introduced on his property and that even before the signing of the contracts of April 22 and May 27, 1966, he intended the construction of the Civil Service Recreation Center to be undertaken by the Government and financed with public funds. 9160, OTHERWISE KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF 2001” Be it enacted by the Senate and House of Representative of the Philippines in Congress assembled: SECTION 1. This second contract was executed by respondent Abelardo Subido as Commissioner of Civil Service, representing the lessee, and by the same Abelardo Subido in his own personal capacity, as lessor. Verily, the act of respondent in demanding and receiving money from private complainant in the course of his official duty constitutes bribery and corrupt practices as defined and penalized under the Revised Penal Code and the Anti-Graft and Corrupt Practices Act, respectively. In his letter to the Auditor General dated July 12, 1967 (Exh. During the reinvestigation, respondent tried to show that of the P23,000 estimated cost of constructing the recreation center with a clubhouse, a bowling alley, a swimming pool, and tennis, badminton, basketball and handball courts, only about P8,000 was spent for the clubhouse which remains unfinished, the rest of the project, except the basketball court, remaining “only in paper”. Republic Act No. All content is in the public domain unless otherwise stated. Violation of the Civil Service Law, rules and regulations; Of the above charges, the Presidential Investigating Committee (PIC) created by Administrative Order No. In a 10-page Resolution dated December 3, the anti-graft court noted that Cagas’ 90-day suspension is in accordance to the Anti-Graft and Corrupt Practices Act which states that “any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title 7, Book II of the Revised Penal Code or for any offense involving fraud upon government … (1971). It is not disputed that respondent was the investigating prosecutor assigned to conduct the preliminary investigation of the criminal complaint for oral defamation filed by private complainant Pe Benito against the spouses Magbitang. 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