REPUBLIC ACT NO.

3019
Anti-Graft and Corrupt
Practices Act
(Approved on August 17, 1960)

SECTION 3 (A)
Persuading, inducing or influencing
another public officer to perform an act
constituting a violation of rules &
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.

SECTION 3 (B)
Directly or indirectly requesting or
receiving any gift, present, share,
percentage, or benefit, for himself or for
any person, in connection with any
contract or transaction between the
government and any other party, wherein,
the public officer in his capacity has to
intervene under the law.

E
L
P
M
A
X
E

Araneta vs. Court of

Appeals, 142 SCRA 534

A hearing officer of the Department of

Labor demanded and received from Mrs. Y
P100,000.00 as condition and/or
consideration for her act on Mrs. Ys claim
for compensation benefits.
The hearing officer was convicted
for violation of Section 3(b) of
RA3019.

A
X
E

E
L
MP

Melig vs. Sandiganbayan,

160 SCRA 623

Two (2) COA Senior Technical Property Inspectors

requested P20,000.00 from a contactor of a road
project in Bulacan. The contractor did not come
across. The COA inspectors reported that there was
a delay in the construction of the project when,
actually there was none. The project was in fact
completed ahead of time.
The Inspectors were convicted for
violation of Section 3(b) of RA3019.

SECTION 3 (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.

Section
Section 13:
13: Suspension
Suspension
and
loss
of
and
loss
of benefits
benefits
Should
Should he
he be
be convicted
convicted by
by final
final
judgment,
judgment, he
he shall
shall lose
lose all
all
retirement
retirement or
or gratuity
gratuity benefits
benefits
under
under any
any law,
law, but
but ifif he
he is
is
acquitted,
acquitted, he
he shall
shall be
be entitled
entitled to
to
reinstatement
reinstatement &
& to
to the
the salaries
salaries &
&
benefits
benefits which
which he
he failed
failed to
to receive
receive
during
during suspension,
suspension, unless
unless in
in the
the
meantime
meantime administrative
administrative
proceedings
proceedings have
have been
been filed
filed

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 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.

E OVERPRICING OF MEDICAL
L
P
M
A
SUPPLY AND EQUIPMENT
X
E
Out of the total purchase price of
P70,561,700, from an actual cost of
P9,312,207.28,
An overpricing of P61,249,492.72 for
the purchase of various medical
equipment from a single supplier.

SUCH AS ULTRASOUND

MACHINE
(overpriced by as much as P6,680,250)
In

April 2001, purchased 1Ultrasound machine

described as SIOCOA-Dynaview at P7,980,000
from Apollo Medical Equipment and Supplies
which claimed to be an exclusive distributor.

The

real maker of the product: GE Medical

Systems. A GE RT 3200 Advantage II, published
price is only $25,000 or P1,299,750, GE Medical
Systems reveal production of the model stopped as
early as September 2000 in the whole South East
Asia
And many more

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 1for the purpose of
obtaining, directly or indirectly, from any
person interested in the matter some
pecuniary or material benefit or advantage,
or 2for the purpose of favoring his own
interest or 3giving 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
(government), whether or not the public
officer profited or will profit thereby.

M
A
EX

E
L
P

Luciano vs. Estrella, 34

SCRA 769

Traffic detectors were purchased at an

overprice. The purchase was made through
a sham bidding and a series of falsifications
for entering into a contract or transaction
grossly disadvantageous to the
municipality.
The accused were convicted for
violation of Section 3(g) of RA3019.

SECTION 3 (H)
Directly or indirectly having
financial or pecuniary interest in any
business, contract or 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 becoming interested,
for personal gain, or having a 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 approval, even if he votes
against the same or does not participate in
the action of the board, committee, panel or
group. Interest for personal gain shall be
presumed against those public officers
responsible for the approval of manifestly
unlawful, inequitable, or irregular
transactions or acts by the board, panel or
group to which they belong.

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, or 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 release date.

TTEE
O
NNO
11
The
person
The person giving
giving the
the gift,
gift, present,
present, share,
share,
percentage
referred
to
in
subparagraphs
percentage or
or benefit
benefit
referred
to
in
subparagraphs
22
(b)
(b) and
and (c);
(c); or
or offering
offering or
or giving
giving to
to the
the public
public
officer
mentioned
in
officer the
the employment
employment
mentioned
in
subparagraph
subparagraph (d);
(d); or
or 33urging
urging the
the divulging
divulging or
or
untimely
untimely release
release of
of the
the confidential
confidential information
information
referred
referred to
to in
in subparagraph
subparagraph (k)
(k) of
of this
this section
section
shall,
shall, together
together with
with the
the offending
offending public
public officer,
officer,
be
be punished
punished under
underSection
Section 99 of
of this
thisAct
Act and
and
shall
shall be
be permanently
permanently or
or temporarily
temporarily disqualified,
disqualified,
in
in the
the discretion
discretion of
of the
the Court,
Court, from
from transacting
transacting
business
business in
in any
any form
form with
with the
the government.
government.

Section 9. Penalties for violations Any Public officer or private person committing any
of the unlawful acts or omissionsshall be
punished with imprisonment for not less than 6yrs
& 1mo nor more than 15yrs, perpetual
disqualification from public office, & confiscation or
forfeiture in favor of the Government of any
prohibited interest & unexplained wealth manifestly
out of proportion to his salary and other lawful
ncome.

SECTION 14. EXCEPTION

Unsolicited gifts or presents of small or
insignificant value offered or given as a
mere ordinary token of gratitude or
friendship according to local customs or
usage, shall be excepted from the
provisions of this Act.