I will talk today about some of the more frequent ways by which the antigraft law (RA 3019) is violated. We already said that the law covers both public officials and private individuals. 

These ways are defined in 11 alphabetized subsections (“a” to “k”) of the famous Section 3 of the law.  Briefly, a corruption offense under this section is committed whenever a public official;

§          Allows himself to be influenced to commit a violation of his official duties or any rule issued by competent authority.

§          Directly or indirectly receives, or even merely requests, any benefit in connection with any government transaction where, as a government official, he must intervene;

§          Directly or indirectly receives, or even merely requests, any benefit in connection with any assistance he gives a person who is securing a government permit;

§          Accepts, or a member of his family accepts, employment from a businessman who has some business pending before his office, or who has had (within the past year) a completed business transaction with his office;

§          In discharging his duties: (a) causes undue injury to any party, including the government itself, or (b) gives any private party unwarranted advantage or benefit, and does either with manifest partiality, evident bad faith or gross inexcusable negligence;

§          Despite demand, unjustifiably refuses to act within a reasonable time on any matter pending before him—just so he can: (a) get some advantage from the person interested in the matter,  (b) favor his own interest, (c) give undue advantage to a party or (d) discriminate against him;

§          Enters into a contract manifestly and grossly disadvantageous to the government, whether he profited from it or not;

§          Has direct or indirect pecuniary interest in any transaction where: (a) he intervenes or takes part in his official capacity, or (b) he is prohibited by law from having an interest;

§          Becomes interested for personal gain, in any transaction requiring approval by a group, where: (a) he is a member and (b) the group has discretion in approving the transaction. A violation is committed even if the official did not participate in the action of the group, or even voted against the transaction.  The law presumes interest for personal gain on his part where the transaction approved by the group is manifestly inequitable or irregular;

§          Knowingly grants a permit or benefit to a person not legally entitled to it, or to the dummy of such person; and last

§          Divulges to unauthorized persons confidential information acquired by him on account of his official position. A violation is committed if the information is disclosed before its official release.

The private person who gave the gift or benefit, or who gave the public official or his relative the prohibited employment, or who otherwise participated in the violation shall, along with the offending public official, be punished with six to 15 years’ imprisonment.  In addition, the court may temporarily or permanently disqualify him from doing any business with the government.  

I welcome feedback at ombproper@ombusman.gov.ph.  This column serves merely as a general guide to the public.  Consultation with counsel must be had for any specific concern they may have.

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