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Anti-corruption In The Philippines

1. Bribery in the home (private to public)

1.1 The Legal Environment

Bribery of public officials is punishable under the Revised Penal Code’s Articles 210 to 212.

Other laws punish corrupt behaviors and behaviors, as well as restrict the offering of gifts to public officials in specific instances.

The major anti-corruption statute is Republic Act No. 3019 (The Anti-Graft and Corrupt Practices Act). It lists the following acts by public officials that constitute graft or corrupt practices, or may lead to them:

Persuading, persuading, or persuading another public officer to commit an act that is a rule violation or a crime in the course of official duties

Requesting or receiving any gift, present, share, percentage, or advantage, for himself or for anyone else, in connection with any contract or transaction between the government and any other party in which the public officer must intervene under the law in his official role.

requesting or accepting a gift, present, or other monetary or material benefit from anybody for whom the public officer has acquired or gotten, or will secure or receive, any government permit or license

Accepting or allowing a member of his family to accept employment in a private company that has pending official business with him, either while it is pending or within one year after it has ended.

Through apparent bias, evident bad faith, or gross inexcusable negligence, causing any unwanted injury to any party, including the government, or granting any private party any unwarranted benefits, advantage, or preference in the exercise of his functions.

For the aim of getting any economic or material benefit or advantage, or for the purpose of favoring his own interests or giving excessive advantage to or discriminating against any other interested party, neglecting or refusing to act within a reasonable time on any subject pending before him.

Entering into any contract or transaction on behalf of the government that is plainly and outrageously unfavorable to it, whether or not the public officer profited or will profit from it.

Having a material interest in any transaction or act requiring the approval of a board, committee, panel, or group of which he is a member, even if he votes against it or does not engage in the board, committee, panel, or group’s activity for personal gain.

Knowingly giving or awarding a license, permit, privilege, or advantage to someone who isn’t qualified.

Divulging to unauthorized persons important sensitive information obtained by his office or on the basis of his official position, or revealing such information before its permitted release date

Republic Act 6713 (The Code of Conduct and Ethical Standards for Public Officials and Employees) prohibits public officials and employees from soliciting or accepting, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or anything of monetary value from any person: (a) in the course of their official duties; or (b) in connection with any operation regulated by, or any transaction tr

Giving, or offering to give, a gift, present, or other valuable thing to a public official or employee on any occasion, including Christmas, when such gift, present, or other valuable thing is given because of the public official’s/position, employee’s regardless of whether it is for past favor or the giv The staging of parties or entertainment in honor of a public official or employee, or his immediate family members, is prohibited.

A public officer who obtains ill-gotten money totaling at least PHP 50 million through overt or criminal conduct is subject to Republic Act 7080.

1.2 What does bribery mean?

Bribery is classified as one of three types under the Revised Penal Code: (a) direct bribery, (b) indirect bribery, and (c) qualified bribery.

A public officer commits direct bribery when he or she accepts an offer or promise, or receives a gift or present, directly or indirectly, with the intent of committing a crime, or in exchange for the execution of an act that is not a crime but is unjust, or to refrain from doing something that is his official duty.

A public official commits indirect bribery when he accepts a gift presented to him as a result of his position.

In consideration of any offer, promise, gift, or present, a public officer entrusted with law enforcement refrains from arresting or prosecuting an offender who has committed a crime punishable by reclusion perpetua (imprisonment of 20 to 40 years) and/or death.

Corruption of public officials is a crime committed by a private person who has made offers or promises to public officials, or given gifts or presents to them, as stated in the bribery offenses listed above.

1.3 What does it mean to be a public official?

The Revised Penal Code defines a “public officer” as “any person who, by direct provision of law, popular election, or appointment by competent authority, shall participate in the performance of public functions in the government of the Philippines, or shall perform public duties as an employee, agent, or subordinate official, of any rank or class, in said government or any of its branches.”

The term “public officers” is defined in Republic Act 3019 as “elective and appointive officials and employees, permanent or temporary, in the classified or unclassified or exempt service, receiving salary, even nominal, from the government as specified in the preceding subparagraph.” The national government, local governments, government-owned and government-controlled enterprises, and all other instrumentalities or agencies of the Republic of the Philippines and their branches are all considered to be part of the government.

Elective and appointive officials and employees, permanent or temporary, whether in career or non-career service, including military and police personnel, are defined as “public officers” under Republic Act 6713, whether or not they get salary, regardless of amount.

These definitions are broad enough to cover all levels of government employees, from the lowest to the highest.

1.4 Bribery’s Consequences

(a) For the Individuals Involved

Bribery in the First Degree The penalty for bribery in the first degree is determined by the way in which it is perpetrated.

Penalties for Commissions in Various Forms

1) For the purpose of committing a crime,

  • Prision mayor’s medium and maximum sentences (8 years and 1 day to 12 years in jail) are applicable.

  • A fine of at least three times the gift’s value is imposed.

  • If a crime has been committed, the sentence corresponding to the crime has been decided upon.

2) In the case of an act that does not constitute a criminal but is unjust, if the act was carried out by a public officer:

  • The same penalties apply as before.

  • If the act was not carried out:

  • Prision correccional has a medium sentence length of 2 years, 4 months, and 1 day to 4 years and 2 months.

  • A fine of at least two times the gift’s value is imposed.

 3) To refrain from performing something that is his official responsibility to do Prision correccional in its maximum period to prision mayor in its minimum term (4 years, 2 months and 1 day, to 10 years’ imprisonment).

The following are the penalties for indirect bribery:

  • In its middle and maximum periods, prision correccional (imprisonment for 2 years, 4 months and 1 day up to 6 years)

  • Public condemnation Suspension Qualified Bribery

  • The penalty for qualifying bribery is the same as the penalty for the non-prosecuted violation.

  • Public official corruption

The private individual who made the proposals or promises or gave the gifts or presents to the public authorities under the various forms of bribery will face the same penalties as the corrupted officer, with the exception of disqualification and suspension.

(b) For the business/legal entity

Bribery rules do not apply to legal entities or juridical companies. Individual company officers / employees who authorized or committed the banned conduct are subject to fines.

However, if it is proven that a Philippine corporation or a foreign corporation doing business in the Philippines committed serious violations of Philippine law or otherwise performed acts that would render it unfit to transact business in the Philippines, the corporation’s primary registration or license to do business may be revoked.