Lista de los mensajes de alarma

 Persons Liable:

a. Any public officer who shall perform any of the following acts:

1. 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.

2. 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 party wherein the public officer in his official capacity has to intervene under the law.

3. 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 of capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in consideration for the held given or to be given.

4. 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.

5. 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 function 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.

6. 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 of giving undue advantage in favor of or discriminating against any other interested party.

7. 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.

8. Directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or take part in his official capacity, or in which he is prohibited by the constitution or by any law from having any interest.

9. 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.

10. 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.

11. 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.

b. Any person having family or close personal relation with any public official who shall capitalize or exploit or take advantage of such family or close personal relation by directly or indirectly requesting or receiving any present, gift, or material, or pecuniary advantage from any person having some business, transaction, application, request, or contact with the government in which such public official has to intervene (Sec. 4)

c. Any person who shall knowingly induce or cause any public official to commit any of the offenses under (A). (Sec. 4)

d. Spouse or any relative, by consanguinity or affinity, within the 3rd civil degree, of the president of the Philippines, the vice-president, the president of the Senate, or speaker of the house of Representatives, who shall intervene, directly or indirectly, in any business transaction, contract or application with the gov’t (Sec. 5).

This prohibition shall not apply to:

1. Any person who, prior to the assumption of office of any of the above officials to whom he is related, has been already dealing with the gov’t along the same line of business;

2. Any transaction, contract or application already existing or pending at the time of such assumption of public office;

3. Any application filed by him, the approval of which is not discretionary on the part of the official(s) concerned but depends upon compliance with requisites provided by law, or rules or regulations issued pursuant to law;

4. Any act lawfully performed an official capacity or in the exercise of a profession.

e. Any member of congress, during the term for which he has been elected, who shall acquire or receive any personal pecuniary interest in any specific business enterprise which shall be directly and particularly favored or benefited by any law or resolution authored by him previously approved or adopted by Congress during his term.

f. Any public officer who shall fail to file a true, detailed and sworn statement of assets and liabilities within 30 days after assuming office and thereafter on or before the 15th day of April following the close of every calendar year, as well as upon the expiration of his term of office, or upon his resignation or separation from office (Sec. 7).

II. Prima Facie Evidence of and Dismissal due to unexplained Wealth (Sec. 8)

 If a public official has been found to have acquired during his incumbency, whether in his name or in the name of other persons, an amount of property and/or money manifestly out of proportion to his salary and to his other lawful income.

 Properties in the name of the spouse and dependents of such public official may be taken into consideration, when their acquisition through legitimate means cannot be satisfactorily shown.

 Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any ostentatious display of wealth including frequent travel abroad of a non-official character by any public official when such activities entail expenses evidently out of proportion to legitimate income.

III. Competent court: All prosecutions under this Act shall be within the original jurisdiction of the

Sandiganbayan (Sec. 10).

IV. Prescription of offenses: all offenses punishable under this Act shall prescribe in 15 years (Sec. 11).

V. Exceptions: Unsolicited gifts or presents of small or insignificant value offered or given as a mere ordinary token of gratitude of friendship according to local customs or usage, shall be excepted from the provisions of this act (Sec. 14).

Article 211

 ELEMENTS OF INDIRECT BRIBERY: a. That the offender is a public officer. b. That he accepts gifts.

c. That the said gifts are offered to him by reason of his office.  The gift is given in anticipation of future favor from the public officer

 There must be clear intention on the part of the public officer to take the gift offered and consider the property as his own for that moment. Mere physical receipt unaccompanied by any other sign, circumstance or act to show such acceptance is not sufficient to convict the officer

 There is no attempted or frustrated indirect bribery

 The principal distinction between direct and indirect bribery is that in the former, the officer agrees to perform or refrain from doing an act in consideration of the gift or promise. In the latter case, it is not necessary that the officer do any act. It is sufficient that he accepts the gift offered by reason of his office

 Public officers receiving gifts and private persons giving gifts on any occasion, including Christmas are liable under PD 46.

 The criminal penalty or imprisonment is distinct from the administrative penalty of suspension from the service

Article 211-A

 ELEMENTS OF QUALIFIED BRIBERY

a. Public officer entrusted with law enforcement

b. Refrains from arresting/prosecuting offender for crime punishable by reclusion perpetua and/or death

c. (if lower penalty than stated above, the crime is direct bribery) d. In consideration of any offer, promise or gift

Article 212

 ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:

a. That the offender makes offers or promises or gives gifts or present to a public officer.

b. That the offers or promises are made or the gifts or presents given to a public officer, under circumstances that will make the public officer liable for direct bribery or indirect bribery

 The offender is the giver of the gift or the offeror of the promise. The act may or may not be accomplished

 Under PD 749, givers of bribes and other gifts as well as accomplices in bribery and other graft cases are immune from prosecution under the following circumstances:

a. information refers to consummated violations b. necessity of the information or testimony

c. the information and testimony are not yet in the possession of the State d. information and testimony can be corroborated on its material points

e. informant has been previously convicted of a crime involving moral turpitude  See the Anti-graft and Corrupt Practices Act

II. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS Article 213

 ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY: (par. 1) a. That the offender be a public officer.

b. That he should have taken advantage of his office, that is, he intervened in the transaction in his official capacity.

c. That he entered into an agreement with any interested party or speculator or made use of any other scheme with regard to (a) furnishing supplies (b) the making of contracts, or (c) the adjustment or settlement of account relating to a public property or funds.

d. That the accused had intent to defraud the government.  Notes:

a. The public officer must act in his official capacity

b. The felony is consummated by merely entering into an agreement with any interested party or speculator or by merely making use of any scheme to defraud the Government

 ELEMENTS OF ILLEGAL EXACTIONS:

a. The offender is a public officer entrusted with the collection of taxes, licenses, fees and other imposts.

b. He is guilty of any of the following acts or omissions:

1. demanding, directly or indirectly the payment of sums different from or larger than those authorized by law, or

2. failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him officially, or

3. Collecting or receiving, directly or indirectly, by way of payment or otherwise, things or objects of a nature different from that provided by law.

 Notes:

a. Mere demand of a larger or different amount is sufficient to consummate the crime. The essence is the improper collection (damage to gov’t is not required)

b. If sums are received without demanding the same, a felony under this article is not committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect bribery

c. When there is deceit in demanding larger fees, the crime committed is estafa d. May be complexed with malversation

e. Officers and employees of the BIR or Customs are not covered by the article f. The NIRC of Administrative Code is the applicable law

Article 214

 ELEMENTS OF OTHER FRAUDS: a. That the offender is a public officer.

b. That he takes advantage of his official position.

c. That he commits any of the frauds or deceits enumerated in art. 315 and 316. (estafa; swindling)

 Note: RTC has jurisdiction over the offense because the principal penalty is disqualification

Article 215

 ELEMENTS OF PROHIBITED TRANSACTIONS: a. That the offender is an appointive public officer.

b. That he becomes interested, directly or indirectly, in any transaction of exchange or speculation.

c. That the transaction takes place within the territory subject to his jurisdiction. d. That he becomes interested in the transaction during his incumbency.  Notes:

a. Examples of transactions of exchange or speculation are: buying and selling stocks, commodities, land etc wherein one hopes to take advantage of an expected rise or fall in price

b. Purchasing of stocks or shares in a company is simple investment and not a violation of the article. However, regularly buying securities for resale is speculation

Article 216

POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC OFFICER :