3. 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. 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. 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. 3019; RA No. Apart from the fact that the dismissal of a criminal case is not a bar to a conviction in an administrative case, the dismissal of Criminal Case No. In his letter to the Auditor General dated July 12, 1967 (Exh. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT Section 1. Q-7212 of the Court of First Instance of Rizal, Quezon City Branch, against herein respondent filed on July 18, 1966. SECTION 1. X-5; Annex B, respondent’s answer). 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. X-4, 40). 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. All content is in the public domain unless otherwise stated. Thereafter, the case against Velasco for the offense of Direct Bribery (Art. Republic Act No. “I have chosen to use my Quezon City lot as the Civil Service Recreation Center, in cooperation with the Civil Service Cooperative Association during my tenure of office as Commissioner of Civil Service which will end on May 22, 1973.” (Page 3, letter to the Executive Secretary dated May 23, 1966, which is Annex P of respondent’s answer). Section II of the same article states that the President, Vice President, members of the constitutional commissions and the ombudsman may be removed from office from impeachment for bribery and graft and corruption. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Learn more about the Philippine government, its structure, how government works and the people behind it. 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. Office of the President REPUBLIC ACT NO. It appears that respondent is the registered owner of a two-hectare lot situated along the Elliptical Road in Quezon City. 3019 or the Anti-Graft and Corrupt Practices Act which reads: Section 3. 62 Maria Cristina St. Complainant agreed to give the respondent the amount of ₱5,000.00 on November 8, 2001, the day when she was to receive her bonus. Unfortunately, respondent failed to do so. Foreign Corrupt Practices Act (FCPA) The FCPA is the primary anti-bribery law in the United States. The Center includes the construction of a clubhouse to serve as the center of activities, of a bowling alley, swimming pool, tennis, badminton, basketball and handball courts, including the planting of giant shade and ornamental trees, and the conversion of a creek behind the clubhouse as a lagoon with a small foot-bridge spanning it at the middle.” (Page 5, id. The negotiations leading to the construction of the CSC recreation center on respondent’s private property was a transaction within the meaning of the aforequoted provision in which the Civil Service Commission was represented by Commissioner Subido. Managed by EDP/IT Division of the Presidential Communications Operations Office (PCOO), Official Gazette of the Republic of the Philippines, Administrative Order No. This is an administrative case filed by Mr. Faustino Tugade against Commissioner of Civil Service Abelardo Subido for various alleged irregularities, to wit: 1. Lourdes S. Pe Benito, private complainant, before the National Bureau of Investigation – Anti Organized Crime Division (NBI-AOCD) against respondent Velasco for allegedly demanding from her Five Thousand Pesos (₱5,000) in consideration of the filing of an Information in court for oral defamation against spouses Eduardo and Clarissa Magbitang relative to a criminal complaint pending preliminary investigation before the office of respondent Velasco. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Statement of policy. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT Section 1. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. 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. 39). Sec. 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 In order to activate it, I gave it an initial capital of P2,000 from my own personal funds.” (Page 7, answer to complaint.). The above observation is indeed compelling in view of the fact that purchases of construction materials were made as early as December 1965 under requisition and issue vouchers of the Civil Service Commission (Exhs. All content is in the public domain unless otherwise stated. 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. The following statements of respondent indubitably indicate this: “(1) I revived the Consumers Cooperative Store. Illegal, unauthorized and involuntary exaction of money from subordinate officials and employees for a so-called “Welfare Fund”; 2. Done in the City of Manila, Philippines, this 25th day of November 2002. 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 The evidence does not show that respondent consulted the President on the propriety of the contract of May 27, 1966. This Administration, in comparatively less serious offenses or infractions committed by officials of much lower category, has applied stern justice and removed the erring officials from the public service, as only officials and employees of high morality and integrity have a right to be therein. ... FMM joins calls for govt to gazette law on corporate graft. 210 of the Revised Penal Code) and/or Violation of Sec. 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. Statement of policy.. - 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. Manila : Malacañang Records Office. 3019 as amended, otherwise known as the “Anti-Graft and Corrupt Practices Act;” (2) Republic Act No. Manila : Malacañang Records Office. 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. 3019 (The Anti-Graft and Corrupt Practices Act) is the main anti-corruption law. 3019 ANTI-GRAFT AND CORRUPT PRACTICES ACT Section 1. 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 … 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, and R.A. No. Records show that private complainant earlier filed before the Office of the City Prosecutor of Manila a criminal complaint for oral defamation against the spouses Eduardo and Clarissa Magbitang. The rest of the charges were found either not proved or, from the evidence presented by complainant, without merit. 3019 or the Anti-Graft and Corrupt Practices Act. . Twitter. 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. 3019 is also charged, the specific acts alleged as constituting the supposed violation of the Anti-Graft and Corrupt Practices Act are “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, refrain from causing the investigation of the illegal construction being committed by the above-named accused from instituting any action in connection therewith.” This is clear from the connecting phrase “and forthwith, the above-named accused, pursuant to his criminal design” between said phrases and the allegations of specific acts constituting the supposed violation. the "Anti-Graft and Corrupt Practices Act 2. Learn more about the Philippine government, its structure, how government works and the people behind it. The Official Gazette is the official journal of the Republic of the Philippines. REPUBLIC ACT No. AN ACT AMENDING REPUBLIC ACT NO. I, therefore, agree with the Presidential Investigating Committee that respondent violated Section 3(g) of Republic Act No. batas na ipinapatupad upang mapuksa ang graft and corruption sa ating bansa. Republic Act No. It was assigned to respondent ACP Velasco for preliminary investigation. 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. 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. Respondent immediately counted the marked bills and when he was about to leave the place, the NBI-AOCD operatives pounced on him and placed him under arrest. 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. FERDINAND E. MARCOS (1) Republic Act No. 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. 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. Investigating Committee that respondent violated Section 3(g) of Republic Act No. The FCPA applies to “all US persons,” including small businesses like nonprofits, and is enforced by the US Department of Justice and the Securities and Exchange Commission (SEC). [Administrative Order Nos. The Official Gazette is the official journal of the Republic of the Philippines. Office of the President of the Philippines. Executive Secretary, cc: Asst. ; emphasis supplied.). 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.). Petitioners were charged with a violation of Section 3(e) of R.A. No. 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. 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. 51, November 25, 2002, Presidential Communications Operations Office (PCOO). Thus, there is a need to maintain the faith and confidence of the people in the government and its agencies and instrumentalities (Estreller v. Manatad, 268 SCRA 608). 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. The case referred to is Criminal Case No. Reference Number: RA 3019. GLORIA MACAPAGAL-ARROYO [Administrative Order Nos. However, the said restaurant was under renovation. 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. The charge for violation of Republic Act No. 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“. 3019. 3019. 3019), for entering into contracts grossly disadvantageous to the Government. Done in the City of Manila, this 21st day of July, in the year of Our Lord, nineteen hundred and seventy-one. 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). 7080 or an Act Defining and Penalizing the Crime of Plunder; c. Involving violations of R.A. No. 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. 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. 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. It was not functioning and was in the red when I took over the Civil Service Commission. Sampaloc, Manila. 95882 of the Register of Deeds of Quezon City. 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. 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. 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. REPUBLIC ACT NO. 33.). RA No. Q-7212, entitled “People vs. Commissioner Abelardo Subido”, on which this administrative order shall deal later. 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. Lourdes S. Pe Benito ALEJANDRO MELCHOR Be that as it may, it is a fact that through the intervention of respondent the construction of the CSC Recreation Center was undertaken by the national government as a national project and financed with public funds. Acting on the complaint, the NBI immediately planned an entrapment operation. 01-0017-FS. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Pilipinas. The Official Gazette is the official journal of the Republic of the Philippines. The erring public servants and those without trip tickets might be considered liable under various laws, including Republic Act No. Then Assistant Department Head II Julianito M. Ortigas was initially slapped with violation of Section 3(e) of Republic Act No.