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 Sandiganbayan Fourth Division has acquitted a former official of Iloilo City of his graft charge after his demurrer to evidence was granted. I can therefore do no less in this case, affecting as it does one from whom much is logically demanded and expected as head of the Civil Service Commission in his actuations and decorum for the emulation and guidance of the rank and file in the civil service. No. Under the circumstances, respondent had the burden of proof to satisfactorily show that the amount he received was not for the purpose as alleged by said complainant. 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). 3 (b) of R.A. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, was elevated to the DOJ for inquest proceedings. Respondent thereupon wrote a letter to the Auditor General on August 17, 1967, asking that a ruling be made on the question of whether or not a letter-guaranty described in the former’s letter of July 12, 1967, “will be sufficient basis for the disbursement of public funds for the Civil Service Commission Center in Quezon City”, to which letter the Auditor General replied on September 4, 1967, that “under the peculiar circumstances of this case, it is my considered view that the problem at hand involves a matter the resolution of which is better left to the judgment of the President of the Philippines”. 3019 (Anti-Graft and Corrupt Practices Act) declares that it is the policy of the Government, in line with the principle that public office is a public trust, to repress certain acts of public officers and private persons alike which constitute graft or corrupt practices, In his four-page complaint, businessman Mark Yu said Cebu City Prosecutors Liceria Lofranco-Rabillas and Gandhi Truya committed grave misconduct and violated Republic Act 3019 or the Anti-Graft and Corrupt Practices Act. Thus, the case was set for initial hearing of the prosecution’s evidence on March 18, 2002. [Administrative Order Nos. 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). 26), passed on September 22, 1965, requesting Commissioner Subido “to allow the use of his vacant lot . On November 8, 2001, private complainant went to the NBI-AOCD and filed her complaint against respondent for demanding the amount of ₱5,000.00 in consideration for the filing of an Information in court against the spouses Magbitang. Corruption is a form of dishonesty or criminal offense undertaken by a person or organization entrusted with a position of authority, to acquire illicit benefit or abuse power for one's private gain. 302, July 21, 1971, Presidential Communications Operations Office (PCOO). X-4, 40). Executive Secretary, cc: Asst. It enumerates certain acts of public officers that constitute graft or corrupt practices, or which may lead thereto, as follows: 1. His explanation that the amount of ₱5,000.00 he received from complainant represented payment for the cell phone unit that the latter had purchased from him is too trite to be given credence. Manila : Malacañang Records Office. Statement of policy. Republic Act No. On December 18, 2001, DOJ filed a formal administrative charge against respondent for grave misconduct, docketed as NPS Administrative Case No. While the aforequoted information contains the descriptive phrases “having financial or pecuniary interest in a building construction and on a land located along the Elliptical Road, East Triangle, part of the National Park, Quezon City, in connection with which transactions the above-named 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 laws from having any interest in a business, contract, or transaction in behalf of the government, manifestly and grossly disadvantageous to the same”, which at first glance would give the impression that a violation of Section 3(g) of Republic Act No. Q-7212, entitled “People vs. Commissioner Abelardo Subido”, on which this administrative order shall deal later. 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. (Sgd.) The Sandiganbayan Fourth Division has acquitted a former official of Iloilo City of his graft charge after his demurrer to evidence was granted. The construction was a national project or, in the words of respondent himself in his letter to the Executive Secretary (Exh. Sampaloc, Manila. : 1 – 110-A]. — This Act shall be known as the “Anti-Money Laundering Act of 2001.” SEC. 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. 9160] AN ACT DEFINING THE CRIME OF MONEY LAUNDERING, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES. 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. “The Civil Service Recreation Center is a project of the Civil Service Commission, in cooperation with the Civil Service Cooperative Association. 638. The criminal information in that case reads: “The undersigned Assistant Fiscal accuses COMMISSIONER ABELARDO SUBIDO of Violation of Republic Act No. Reference Number: RA 3019. In order to activate it, I gave it an initial capital of P2,000 from my own personal funds.” (Page 7, answer to complaint.). As a consequence, the “pay-off” was transferred to nearby Ma Mon Luk Restaurant, also in Quiapo, Manila. Graft busting body, the Anti-Corruption Bureau (ACB) has arrested three Malawi Revenue Authority (MRA) officers for soliciting bribes. REQUIRING THE HONORABLE ABELARDO SUBIDO TO RESIGN FROM OFFICE AS COMMISSIONER OF CIVIL SERVICE. 210 of the Revised Penal Code) and/or Violation of Sec. (2002). Twitter. It was assigned to respondent ACP Velasco for preliminary investigation. 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. Thereat, private complainant handed to respondent the envelope containing the marked money. GLORIA MACAPAGAL-ARROYO 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. Investigating Committee that respondent violated Section 3(g) of Republic Act No. 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. ALBERTO G. ROMULO It is not disputed that respondent was the investigating prosecutor assigned to conduct the preliminary investigation of the criminal complaint for oral defamation filed by private complainant Pe Benito against the spouses Magbitang. President of the Philippines, (Sgd.) 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. 31-A, 31-B, 3l-D, 31-E and 31-F). Sec. . 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, when he executed the contracts of lease of April 22 and May 27, 1966, and actively participated in behalf of the Civil Service Commission in the negotiations which led to the construction of the Civil Service Recreation Center as a national project and authorized the disbursement of public funds to finance said project. 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. Q-7212 of the Court of First Instance of Rizal, Quezon City Branch, against herein respondent filed on July 18, 1966. Edited at the Office of the President of the Philippines Under Commonwealth Act No. The Official Gazette is the official journal of the Republic of the Philippines. REPUBLIC ACT NO. Malacañang, IMPOSING THE PENALTY OF DISMISSAL FROM THE GOVERNMENT SERVICE ON ASSISTANT CITY PROSECUTOR CONSTANCIO C. VELASCO OF THE OFFICE OF THE CITY PROSECUTOR OF MANILA. The rest of the charges were found either not proved or, from the evidence presented by complainant, without merit. The above contract was preceded by a resolution of the Board of Directors of the Civil Service Cooperative Store and Consumers Cooperative Association, Inc. (Exh. It was not functioning and was in the red when I took over the Civil Service Commission. 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 Although Theof is a "public officer" within the application of the Anti-Graft and Corrupt Practices Act (RA 3019), yet his act of receiving such gift does not appear to be included among the punishable acts under Rep. Act 3019 since he is not to intervene in his official capacity in the investigation of the bank which gave the gift. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. 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. 9160, otherwise known as the Anti-Money Laundering Act… Anti-Graft and Corruption Practices Act. WHEREAS, Section 1 of Republic Act (RA) No. It enumerates certain acts of public officers that constitute graft or corrupt practices, or which may lead thereto, as follows: ... as payments to public officials by reason of their official position are penalized. 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. This is an administrative case filed by Mr. Faustino Tugade against Commissioner of Civil Service Abelardo Subido for various alleged irregularities, to wit: 1. 3019. Done in the City of Manila, Philippines, this 25th day of November 2002. His ownership of the property is evidenced by Transfer Certificate of Title No. 3019 as amended, otherwise known as the “Anti-Graft and Corrupt Practices Act;” (2) Republic Act No. 3019. Statement of policy. 3019 (The Anti-Graft and Corrupt Practices Act) is the main anti-corruption law. 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. It appears that respondent is the registered owner of a two-hectare lot situated along the Elliptical Road in Quezon City. … Manila : Malacañang Records Office. The erring public servants and those without trip tickets might be considered liable under various laws, including Republic Act No. the "Anti-Graft and Corrupt Practices Act 2. 3019 or the Anti-Graft and Corrupt Practices Act. Download Attachment. Then, at around 12:30 p.m. of the same date, a team of agents from the NBI-AOCD, headed by Senior Agent Primitivo Najera, were dispatched and, together with the private complainant, they proceeded to the “pay-off” place. 01-0017-FS. WHEREFORE, premises considered and as recommended by the Department of Justice, Assistant City Prosecutor Constancio C. Velasco of the City Prosecution Office of Manila, is hereby ordered DISMISSED from the government service with forfeiture of leave credits and retirement benefits and disqualification for re-employment in the government service. — 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 On March 18, 2002, upon agreement of the parties, in lieu of a formal administrative hearing, the case was deemed submitted for resolution on the basis of the pleading and evidence thus submitted. 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] ANTI-GRAFT AND CORRUPT PRACTICES ACT Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Section 1. Indeed, the planting of giant and ornamental trees as part of the project (Annex P) is proof that when he drew up the plans he envisioned a long-range project beyond his tenure of office expiring May 22, 1973. City Prosecutor Constancio C. Velasco Corruption Perceptions Index. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Complainant claims that respondent is guilty of violation of Republic Act No. Short Title. 62 Maria Cristina St. Violation of the Anti-Graft and Corrupt Practices Act; 3. FMM president says the law is needed to prevent corrupt practices in commercial organisations. We now come to the possible violation, offense or irregularity that respondent may have committed in the premises. 02-J-482 (Administrative Case No. Moreover, it is doubtful if the materials which may be salvaged from the demolition of the clubhouse can be of any value or use to the Government after their removal from respondent’s property, and there being an express stipulation in each contract of lease requiring the lessee to remove the improvements from the property at the expiration of the contract, the lessee cannot invoke Articles 448, 546 and 548 of the Civil Code and compel respondent to pay for the improvements at the expiration of the lease. 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. The investigating committee, during the reinvestigation, was able to determine that respondent is one of the incorporators of the Civil Service Cooperative Store and Consumers Cooperative Association, Inc., having contributed P5,000, and thus correctly concludes that when respondent entered into the contract with said corporation on April 22, 1966, and when he took part in the negotiation for the Civil Service Recreation Center he had a direct interest in the corporation. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Both contracts of April 22 and May 27, 1966, contain identical stipulations and the same must have been extended until respondent’s tenure of office expires on May 22, 1973, as he informed the Executive Secretary in his letter of May 23, 1966 (Annex P, respondent’s answer) and as suggested in his letter to the Auditor General dated July 12, 1967 (Exh. 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. REPUBLIC ACT NO. 3019 was not involved or charged in said criminal case. Verily, the act of respondent in demanding and receiving money from private complainant in the course of his official duty constitutes bribery and corrupt practices as defined and penalized under the Revised Penal Code and the Anti-Graft and Corrupt Practices Act, respectively. Pilipinas. Consequently, even if a violation of Section 3(g) of the same Act had been proved at the trial, if the case had not been dismissed, conviction for such violation would have been legally untenable. 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. Statement of policy. Edited at the Office of the President of the Philippines Under Commonwealth Act No. Statement of policy. Section 3, paragraph (b), of Republic Act No. X). AN ACT AMENDING REPUBLIC ACT NO. Respondent claims to have acted in good faith in entering into the two contracts in question. 31-C). Involving unexplained or unlawfully acquired wealth under R.A. No. of the Philippines 01-0017-FS in the office a quo), for grave misconduct. Illegal, unauthorized and involuntary exaction of money from subordinate officials and employees for a so-called “Welfare Fund”; 2. The Official Gazette is the official journal of the Republic of the Philippines. RA No. 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. The following are grave offense with corresponding penalties: xxx. 9194. 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. The following statements of respondent indubitably indicate this: “(1) I revived the Consumers Cooperative Store. 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. 3019 was later on reinvestigated, upon respondent’s request, and the committee in its supplementary report has reiterated its findings as contained in its original report. 3. 33-A, 33-B, 33-C). : 264 – 316]. nagtatala ng marka ng korupsyon ng bawat bansa. The charge for violation of Republic Act No. All content is in the public domain unless otherwise stated. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, and R.A. 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