Penalizing Corruption Atty. Alan R. Cañares Graft Investigation and Prosecution Officer 2 Office of the Deputy Ombudsman for the Military and Other Law Enforcement Offices

Graft Laws Commonly Violated  R.A (The Anti-Graft and Corrupt Practices Act)  R.A (Unexplained Wealth Law)  R.A (Code of Conduct and Ethical Standards)  R.A (Anti-Plunder Law)  R.A (Anti-Sexual Harassment Law)  P.D. 46 (Giving of Gifts on Any Occasion Including Christmas)  Title 7, Book 2, Revised Penal Code

Offenses Under the Revised Penal Code  Negligence and Tolerance (Art. 208)  Direct Bribery (Art. 210)  Qualified Bribery (Art. 211-A)  Indirect Bribery (Art. 211)  Fraud Against Public Treasury (Art. 213)  Malversation of Funds or Property (Art. 217)  Failure to Render Accounts (Art. 218)  Illegal Use of Funds or Property (Art. 220)

Republic Act 3019 The Anti-Graft and Corrupt Practices Act August 17, 1960

Statement of Policy “to repress certain acts of public officers and private persons alike which constitute graft and corrupt practices or which may lead thereto”

Persuading, inducing or influencing another public officer to perform an act in violation of rules and regulations or an offense in connection with the official duty of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense. Section 3(a)

Section 3(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit in connection with any contract or transaction between the Government and any other party wherein the public officer in his official capacity has to intervene under the law.

Section 3(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit from any person from 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.

Section 3(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.

Section 3(e) Causing 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.

Section 3(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 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.

Section 3(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.

Section 3(h) Directly or indirectly having financial or pecuniary interest in any transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.

Section 3(i) Directly or indirectly b ecoming interested for personal gain, or having material interest in any transaction or act requiring the approval of a board, panel or group of which he is a member, and which exercises discretion in such transaction or act even if he votes against the same or does not participate in the action of the board, committee, panel or group.

Section 3(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such license, permit, privilege or advantage, of a mere representative or dummy of one who is not so qualified or entitled.

Section 3(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized persons, or releasing such information in advance of its authorized released date.

Republic Act 1379 An Act Declaring Forfeiture in Favor of the State Any Property Found to Have Been Unlawfully Acquired by Any Public Officer or Employee and Providing for the Procedure Therefor June 18, 1955

Whenever any public officer or employee has acquired during his incumbency an amount of property which is manifestly out of proportion to his salary as such public officer or employee and to to his other lawful income and the income from legitimately acquired property, said property shall be presumed prima facie to have been unlawfully acquired. (Section 2) Presumption of Ill-Gotten Wealth

Prohibited Acts and Transactions under R.A Prohibition on financial and material interest Prohibition on outside employment and other activities related thereto Prohibition on disclosure and/or misuse of confidential information Prohibition on solicitation or acceptance of gifts

Prohibition on outside employment and other related activities Public officials and employees during their incumbency shall not: Own, control, manage or accept employment in any private enterprise regulated, supervised or licensed by their office unless expressly allowed by law; Engage in the private practice of their profession; Recommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.

Prohibition on solicitation or acceptance of gifts Public officials and employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the course of their official duties or in connection with any operation being regulated by, or any transaction which may be affected by the functions of their office.

“Gift” refers to a thing or a right disposed of gratuitously, or any act of liberality, in favor of another who accepts it, and shall include a simulated sale or an ostensibly onerous disposition thereof. It shall not include an unsolicited gift of nominal or insignificant value not given in anticipation of, or in exchange for, a favor from a public official or employee.

Any public officer who, by himself or in connivance with members of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses, accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts in the aggregate amount or total value of at least Fifty Million Pesos (P50,000,000.00) shall be guilty of the crime of plunder and shall be punished by reclusion perpetua to death. Crime of Plunder under R.A. 7080

The more corrupt a State, the more numerous the laws. -Cornelius Tacitus