RA No.

3019 | Anti-Graft And Corrupt Practices Act

Section 1. 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.

Section 2. Definition of terms. As used in this Act, that term

(a) “Government” includes the national government, the local governments, the

government-owned and government-controlled corporations, and all other

instrumentalities or agencies of the Republic of the Philippines and their branches.

(b) “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 as defined in the preceding

subparagraph.

(c) “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.

(d) “Person” includes natural and juridical persons, unless the context indicates otherwise.

Section 3. 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 officer and are hereby declared to be unlawful:

(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.

grossly disadvantageous to the same, whether or not the public officer profited or will profit

thereby.

(h) Director or indirectly having financing 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.

(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 transaction or acts by the board,

panel or group to which they belong.

(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.

him on account of his official position to unauthorized persons, or releasing such

information in advance of its authorized release date.

The person giving the gift, present, share, percentage or benefit referred to in

subparagraphs (b) and (c); or offering or giving to the public officer the employment

mentioned in subparagraph (d); or urging the divulging or untimely release of the

confidential information referred to in subparagraph (k) of this section shall, together with

the offending public officer, be punished under Section nine of this Act and shall be

permanently or temporarily disqualified in the discretion of the Court, from transacting

business in any form with the Government.

Section 4. Prohibition on private individuals. (a) It shall be unlawful for any person having

family or close personal relation with any public official to 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 other person having

some business, transaction, application, request or contract with the government, in which

such public official has to intervene. Family relation shall include the spouse or relatives by

consanguinity or affinity in the third civil degree. The word “close personal relation” shall
include close personal friendship, social and fraternal connections, and professional

employment all giving rise to intimacy which assures free access to such public officer.

(b) It shall be unlawful for any person knowingly to induce or cause any public official to

commit any of the offenses defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be unlawful for the spouse or for any

relative, by consanguinity or affinity, within the third civil degree, of the President of the

Philippines, the Vice-President of the Philippines, the President of the Senate, or the Speaker

of the House of Representatives, to intervene, directly or indirectly, in any business,

transaction, contract or application with the Government: Provided, That this section shall

not apply to 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 Government along the same line

of business, nor to any transaction, contract or application already existing or pending at the

time of such assumption of public office, nor to any application filed by him the approval of

which is not discretionary on the part of the official or officials concerned but depends upon

compliance with requisites provided by law, or rules or regulations issued pursuant to law,

nor to any act lawfully performed in an official capacity or in the exercise of a profession.
Section 6. Prohibition on Members of Congress. It shall be unlawful hereafter for any Member

of the Congress during the term for which he has been elected, to acquire or receive any

personal pecuniary interest in any specific business enterprise which will be directly and

particularly favored or benefited by any law or resolution authored by him previously

approved or adopted by the Congress during the same term.

The provision of this section shall apply to any other public officer who recommended the

initiation in Congress of the enactment or adoption of any law or resolution, and acquires or

receives any such interest during his incumbency.

It shall likewise be unlawful for such member of Congress or other public officer, who,

having such interest prior to the approval of such law or resolution authored or

recommended by him, continues for thirty days after such approval to retain such interest.

Section 7. Statement of assets and liabilities. Every public officer, within thirty days after

assuming office and, thereafter, on or before the fifteenth 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, shall prepare and file with the office of the

corresponding Department Head, or in the case of a Head of Department or Chief of an

independent office, with the Office of the President, a true, detailed and sworn statement of
assets and liabilities, including a statement of the amounts and sources of his income, the

amounts of his personal and family expenses and the amount of income taxes paid for the

next preceding calendar year; Provided, That public officers assuming office less than two

months before the end of the calendar year, may file their first statement on or before the

fifteenth day of April following the close of the said calendar year. (as amended by RA No

3047, PD No 677, 1288)

Section 8. Prima facie evidence of and dismissal due to unexplained wealth.If in accordance

with the provisions of Republic Act Numbered One thousand three hundred seventy-nine, 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, that fact shall be a ground for

dismissal or removal. 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, shall likewise be

taken into consideration in the enforcement of this section, notwithstanding any provision

of law to the contrary. The circumstances hereinabove mentioned shall constitute valid

ground for the administrative suspension of the public official concerned for an indefinite

period until the investigation of the unexplained wealth is completed. (as amended by

Batas Pambansa Blg. 195, [March 16, 1982])

Section 9. Penalties for violations. (a) Any public officer or private person committing any of

the unlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be

punished with imprisonment for not less than six years and one month nor more than

fifteen years, perpetual disqualification from public office, and confiscation or forfeiture in

favor of the Government of any prohibited interest and unexplained wealth manifestly out

of proportion to his salary and other lawful income.

Any complaining party at whose complaint the criminal prosecution was initiated shall, in

case of conviction of the accused, be entitled to recover in the criminal action with priority

over the forfeiture in favor of the Government, the amount of money or the thing he may

have given to the accused, or the fair value of such thing.

punished by a fine of not less than one thousand pesos nor more than five thousand pesos,

or by imprisonment not exceeding one year and six months, or by both such fine and

imprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrative proceeding shall be sufficient

cause for removal or dismissal of a public officer, even if no criminal prosecution is

instituted against him.

(as amended by Batas Pambansa Blg. 195, [March 16, 1982])

Section 10. Competent court. Until otherwise provided by law, all prosecutions under this Act

shall be within the original jurisdiction of the Sandiganbayan. (as amended by Batas

Pambansa Blg. 195, [March 16, 1982])

Section 11. Prescription of offenses. All offenses punishable under this Act shall prescribe in

twenty years. (as amended by Batas Pambansa Blg. 195, [March 16, 1982], Republic Act No.

10910, [July 21, 2016])

Section 12. Termination of office. No public officer shall be allowed to resign or retire

pending an investigation, criminal or administrative, or pending a prosecution against him,

for any offense under this Act or under the provisions of the Revised Penal Code on bribery.
Section 13. Suspension and loss of benefits. 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 or public funds or

property whether as a simple or as a complex offense and in whether stage of execution

and mode of participation, is pending in court, shall be suspended from office. Should he be

convicted by final judgment, he shall lose all retirement or gratuity benefits under any law,

but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits

which he failed to receive during suspension, unless in the meantime administrative

proceedings have been filed against him.

In the event that such convicted officer, who may have already been separated from the

service, has already received such benefits he shall be liable to restitute the same to the

Government. (as amended by Batas Pambansa Blg. 195, [March 16, 1982])

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.

Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any

profession, lawful trade or occupation by any private person or by any public officer who
under the law may legitimately practice his profession, trade or occupation, during his

incumbency, except where the practice of such profession, trade or occupation involves

conspiracy with any other person or public official to commit any of the violations penalized

in this Act.

Section 15. Separability clause. If any provision of this Act or the application of such

provision to any person or circumstances is declared invalid, the remainder of the Act or the

application of such provision to other persons or circumstances shall not be affected by

such declaration.

Section 16. Effectivity. This Act shall take effect on its approval, but for the purpose of

determining unexplained wealth, all property acquired by a public officer since he assumed

office shall be taken into consideration.