Anti-Graft and Corrupt Practices Act
Anti-Graft and Corrupt Practices Act
Anti-Graft and Corrupt Practices Act
Practices Act
RA 3019
Statement of policy.
• 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.
“Public officer”
• Includes elective and appointive officials and employees, permanent
or temporary, whether in the classified or unclassified or exempt
service receiving compensation, even nominal, from the government
“Receiving any gift”
• Includes the act of accepting directly or indirectly a gift from a
person other than a member of the public officer’s immediate family,
in behalf of himself or of any member of his family or relative within
the fourth civil degree, either by consanguinity or affinity, even on the
occasion of a family celebration or national festivity like Christmas, if
the value of the gift is under the circumstances manifestly excessive.
Corrupt practices of public officers
• (a) Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and regulations duly
promulgated by competent authority or an offense in connection with
the official duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or offense.
• (b) Directly or indirectly requesting or receiving any gift, present,
share, percentage, or benefit, for himself or for any other person, in
connection with any contract or transaction between the
Government and any other part, wherein the public officer in his
official capacity has to intervene under the law.
• (c) Directly or indirectly requesting or receiving any gift, present or
other pecuniary or material benefit, for himself or for another, from
any person for whom the public officer, in any manner or capacity, has
secured or obtained, or will secure or obtain, any Government permit
or license, in consideration for the help given or to be given, without
prejudice to Section thirteen of this Act.
• (d) Accepting or having any member of his family accept employment
in a private enterprise which has pending official business with him
during the pendency thereof or within one year after its termination.
• (e) 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 his official administrative or judicial
functions through manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the
grant of licenses or permits or other concessions.
• (f) Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any matter
pending before him for the purpose of obtaining, directly or indirectly,
from any person interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his own interest
or giving undue advantage in favor of or discriminating against any
other interested party.
• (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.
• any private person or public officer who under the law may
legitimately practice his profession, trade or occupation, during his
incumbency (except - involves conspiracy with any other person or
public official to commit any of the violations penalized in this Act)