Salient Features of R.A. 3019, "The Anti-Graft and Corrupt Practices Act and R.A. 9485, "The Anti-Red Tape Act of 2007"
Salient Features of R.A. 3019, "The Anti-Graft and Corrupt Practices Act and R.A. 9485, "The Anti-Red Tape Act of 2007"
Salient Features of R.A. 3019, "The Anti-Graft and Corrupt Practices Act and R.A. 9485, "The Anti-Red Tape Act of 2007"
SALIENT FEATURES OF
R.A. 3019, “The Anti-Graft and Corrupt Practices Act
and
R.A. 9485, “The Anti-Red Tape Act of 2007”
INTRODUCTION
Module 3 covers the topic of the Salient Features of R.A. 3019, “The Anti-
Graft and Corrupt Practices Act and R.A. 9485, “The Anti-Red Tape Act of 2007”.
The module exposes the students o understand government’s anti-graft and
corruption policy to uphold and protect public interest. The two anti-corruption
laws will introduce the students to the various concepts of governance and anti-
corruption in a participatory-oriented discussion.
OBJECTIVES:
3. To instill a sense of awareness to the actual loss of public funds to graft and
corruption and impart the values that protecting and preserving government
funds will provide national economic growth and improved government
service.
Requirements:
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Module design:
I. Introduction
II. Discuss R.A. 3019 and R.A. 9485 using the leaflet as guide.
III. Provide list of government offices which can be visited by the students to
see samples of “Citizens Charter” posted by government offices.
IV. Involve the students to a more informative discussion of the two laws as
discussed earlier.
V. Suggested Readings:
“How are things to change when there is no rage? When there is such
calm acceptance that the system is unable to deliver? Corruption
persists because of acquiescence, because citizens believe that
nothing can be done. The grafters and the corrupt flourish because we
are no longer capable of righteous rage!”
VI. Ask the students to visit any government office ex. Barangay Hall, City
Hall, etc. and see if said offices comply with the requirements for the
posting of the citizens charter using the suggested template and report in
the next meeting.
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Republic Act 3019
The Anti-Graft and Corrupt Practices Act
It is a law which –
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(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 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.
2. What are those acts considered as corrupt practices of public officers and
declared to be unlawful?
(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 concession
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.
(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.
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.
In the event that such convicted officer, who may have been separated
from the service has already received such benefits he shall be liable to restitute
the same to the government. (As amended by BP Blg. 195, March 16, 1982).
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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.
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The proposition : 'Public office is a public trust' is a worthy maxim, can be used
as a touch-stone for judging actions of those who claim to be public servants or
who talk high to serve the people, the community and the nation. The higher is
the office, the greater is the authority or power derived from the office. Misuse of
power or abuse of authority is not only breach of trust but also a public crime and
a moral slur. (http://wiki.answers.com/Q/A_public_office_is_a_public_trust)
2. What is accountability?
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The salient features of RA 3019 are:
It shall be a ground for dismissal or removal of public official who 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.
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4. What do you mean by “Frontline Service”?
These are positive and effective measures to reduce and simplify the steps in
providing government service as follows:
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(j) Feedback mechanisms, contact numbers to call and/or
persons to approach for recommendations, inquiries,
suggestions, as well as complaints.
(k) The Citizen’s Charter shall be in the form of information billboards
which should be posted at the main entrance of offices or at the
most conspicuous place, and in the form of published materials
written either in English, Filipino, or in the local dialect.
(c) “Citizen” with reference to the Citizen’s Charter refers to the clients whose
interests and values are addressed by the Citizen’s Charter and, therefore,
includes not only the citizens of the Republic of the Philippines, but also all
the stakeholders, including but not limited to, users, beneficiaries, other
government offices and agencies, and the transacting public.
(e) “Fixer” refers to any individual whether or not officially involved in the
operation of a government office or agency who has access to people
working therein and whether or not in collusion with them, facilitates
speedy completion of transactions for pecuniary gain or any other advantage
or consideration.
(g) “Frontline Service” refers to the process or transaction between clients and
government offices or agencies involving applications for any privilege,
right, permit, reward, license, concession, or for any modification, renewal or
extension of the enumerated applications and/or requests which are acted
upon in the ordinary course of business of the office or agency
concerned.
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(j) “Published Materials” refers to printed, computer-generated, or photocopied
materials, and procedural manuals/flowcharts, made available to the
public or uploaded in the official government websites, containing the basic
information on accessing frontline services.
7. With respect to accessing frontline services, what are the matters that must
be adopted by all government offices and agencies?
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(e) Adoption of Working Schedules to Serve Clients
Heads of offices and agencies which render frontline services shall adopt
appropriate working schedules to ensure that all clients who are within
their premises prior to the end of official working hours are attended to and
served even during lunch break and after regular working hours.
The following shall constitute violations of this Act together with their corresponding
penalties:
(3) Failure to attend to clients who are within the premises of the
office or agency concerned prior to the end of official working hours
and during lunch;
First Offense – Thirty (30) days suspension without pay and mandatory
attendance in Values Orientation Program.
Second Offense – Three (3) months suspension without pay.
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Grave Offense – (1) Fixing and/or collusion with fixers, punishable with a penalty of
dismissal and perpetual disqualification from public service.
Administrative:
Criminal:
At the option of the court, the fixer shall be criminally liable and
suffer the following penalties:
10. Are the penalties limited to administrative liabilities? What about civil and
criminal liabilities?
The finding of administrative liability does not bar the filing of criminal, civil or
other related charges under existing laws arising from the same acts or
omissions.
11. Can a co-respondent or co-accused charged for violations under this law
be exempted or discharged from a case?
Yes. Any person having been charged with another under this law and who
voluntarily gives information pertaining to an investigation or who willingly
testifies can be exempted from prosecution.
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NSTP
_________________________________
Address: ______________________________________
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