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NOTES AND CASES ON SPECIAL PENAL LAWS

Sec. 8. Whenever any prisoner released on parole by virtue of this Act shall,
ACT NO. 4103 INDETERMINATE SENTENCE LAW during the period of surveillance, violate any of the conditions of his parole, the
Sec. 1. Hereafter, in imposing a prison sentence for an offense punished by the Board of Indeterminate Sentence may issue an order for his re-arrest which may
Revised Penal Code, or its amendments, the court shall sentence the accused to be served in any part of the Philippine Islands by any police officer. In such case
an indeterminate sentence the maximum term of which shall be that which, in the prisoner so re-arrested shall serve the remaining unexpired portion of the
view of the attending circumstances, could be properly imposed under the rules maximum sentence for which he was originally committed to prison, unless the
of the said Code, and the minimum which shall be within the range of the penalty Board of Indeterminate Sentence shall, in its discretion, grant a new parole to the
next lower to that prescribed by the Code for the offense; and if the offense is said prisoner.
punished by any other law, the court shall sentence the accused to an COVERAGE
indeterminate sentence, the maximum term of which shall not exceed the  Modified the imposition of penalties both for violations of the RPC and SPL
maximum fixed by said law and the minimum shall not be less than the minimum  Courts are mandated to fix a minimum and maximum period of penalty
term prescribed by the same.  Minimum must be served and thereupon the convict becomes eligible for
parole
Sec. 2. This Act shall not apply to persons convicted of offenses punished with  The rest of his sentence is served out of prison under supervision of a parole
death penalty or life-imprisonment; to those convicted of treason, conspiracy or officer
proposal to commit treason; to those convicted of misprision of treason,
rebellion, sedition or espionage; to those convicted of piracy; to those who are OBJECTIVES
habitual delinquents; to those who have escaped from confinement or evaded 1. Avoid prolonged imprisonment resulting in economic wastefulness
sentence; to those who having been granted conditional pardon by the Chief 2. Decongest the jails
Executive shall have violated the terms thereof; to those whose maximum term of 3. Save the government of expenses
imprisonment does not exceed one year, not to those already sentenced by final 4. Promote reformation by having the prisoner under the supervision of a parole
judgment at the time of approval of this Act, except as provided in Section 5 officer
hereof.
 Philosophy: Redeeming valuable human material and preventing unnecessary
Sec. 6. Every prisoner released from confinement on parole by virtue of this Act deprivation of personal liberty and economic usefulness with due regard to the
shall, at such times and in such manner as may be required by the conditions of protection of the social order
his parole, as may be designated by the said Board for such purpose, report
personally to such government officials or other parole officers hereafter INSTANCES WHEN NOT APPLICABLE
appointed by the Board of Indeterminate Sentence for a period of surveillance  ISL is mandatory except in the following cases when a straight penalty should
equivalent to the remaining portion of the maximum sentence imposed upon him be imposed:
or until final release and discharge by the Board of Indeterminate Sentence as 1. Death or life imprisonment, and pursuant to jurisprudence, reclusion
herein provided. The officials so designated shall keep such records and make perpetua
such reports and perform such other duties hereunder as may be required by said 2. Treason, conspiracy or proposal to commit treason, misprision of treason
Board. The limits of residence of such paroled prisoner during his parole may be 3. Rebellion, sedition, espionage
fixed and from time to time changed by the said Board in its discretion. If during 4. Piracy
the period of surveillance such paroled prisoner shall show himself to be a law- 5. Habitual delinquents
abiding citizen and shall not violate any of the laws of the Philippine Islands, the 6. Escaped from confinement or evaded sentence
Board of Indeterminate Sentence may issue a final certificate of release in his 7. Granted conditional pardon and violated the terms thereof
favor, which shall entitle him to final release and discharge. 8. Maximum period of imprisonment does not exceed 1 year
9. Already serving final judgment upon approval of the ISL
10. *Penalty is other than prison sentence (e.g., destierro, suspension)
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 1
NON-EXCEPTIONS FROM THE ISL aggravating penalty than prescribed by law
 Recidivists, even if the crime is committed while he is on parole
 In sentences arrived at after a valid plea bargaining Application of Penalties, RPC
 Plea bargaining is authorized by the Rules of Court and is in fact required Consummated Frustrated Attempted
to be considered by the trial court at the pre-trial conference Principals Penalty prescribed Penalty next Penalty lower by 2
 Because in the determination of whether an indeterminate sentence and by law (Art. 46) lower in degree degrees than
not a straight penalty is proper, what is considered is the penalty actually than prescribed consummated
imposed by the trial court, after considering the attendant circumstances, by law for the felony (Art. 51)
and not the imposable penalty consummated
 Drug offenses as long as it does not involve reclusion perpetua and it will felony (Art. 50)
exceed 1 year imprisonment Accomplices Penalty next lower Penalty next Penalty next
in degree than lower in degree lower in degree
 When a person is convicted under a law subsequently amended and upon consummated than frustrated than attempted
recomputation, he has served the maximum penalty, notwithstanding the felony (Art. 52) (Art. 54) (Art. 56)
absence of any petition for a writ of habeas corpus or any similar judicial relief, Accessories Penalty lower by 2 Penalty next Penalty lower by 2
his release is in order degrees than lower by 2 degrees than
consummated degrees than attempted (Art.
HOW THE LAW OPERATES felony (Art. 53) frustrated (Art. 57)
1. Under the RPC 55)
 First, determine the maximum period by considering the presence of
modifying circumstances applying the rules under Art. 64, RPC. Privileged Penalties:
mitigating circumstances must first be considered Death –
 Second, having determined the maximum, fix the minimum at one degree Reclusion Perpetua 20 years and 1 day – 40 years
lower than that provided by the RPC Reclusion Temporal 12 years and 1 day – 20 years
 Modifying circumstances are considered only in the imposition of Prision Mayor 6 years and 1 day – 12 years
the maximum term Prision Correccional 6 months and 1 day – 6 years
 The determination of the minimum penalty is left by law to the Arresto Mayor 1 month and 1 day – 6 months
sound discretion of the court and it can be anywhere within the Arresto Menor 1 day – 30 days
range of the penalty next lower without any reference to the
periods into which it might be subdivided Examples:
Art. 64: a. Homicide, no modifying circumstances
0 aggravating, 0 mitigating Medium period  Penalty under Art. 249 is reclusion temporal
1 mitigating Minimum period  Max: In absence of modifying circumstances, should be imposed in its
1 aggravating Maximum period minimum period (14 years, 8 months and 1 day - 17 years and 4 months)
Both mitigating and aggravating are  Min: 1 degree lower than reclusion temporal which is anywhere within
present, the court shall reasonably prision mayor in its entirety (i.e., prision mayor, minimum or medium or
offset maximum period)
2 or more mitigating and 0 aggravating Penalty next lower to that prescribed b. Homicide, 2 mitigating circumstances
by law, in the period that it may deem  Penalty under Aart. 249 is reclusion temporal
applicable  Max: Since 2M and 0A, penalty shall be lowered by 1 degree, which is
Whatever number and nature of Courts shall not impose a greater prision mayor
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 2
 Penalty shall be imposed in its medium period considering that no other 3. For incremental penalties on the basis of the amount involved
modifying circumstances attended the commission Examples:
 Min: Within the range of the penalty next lower in degree which is prision a. Estafa, People v. Gabres
correccional  4 counts of estafa committed by means of deceit punishable under Art.
c. Anti-Cattle Rustling Law, culpability of an accessory after the fact 315(2)(a)
 As an accessory, penalty lowered by 2 degrees than consummated, which  Penalty under Art. 315(2)(a) is prision correccional in its maximum period
is arresto mayor maximum (4 months and 1 day – 4 years and 2 months) to to prision mayor in its minimum period, if the amount of the fraud is over
prision correccional medium (2 years, 4 months and 1 day – 4 years and 2 P12k but does not exceed P22k. If it exceeds P22k, the penalty shall be
months) imposed in its maximum period, adding 1 year for each additional P10k,
 RPC provides that when the penalty prescribed contains 3 periods, provided that the total penalty shall not exceed 20 years which shall be
whether it be a single divisible penalty or composed of 3 different termed prision mayor or reclusion temporal, as the case may be
penalties, the courts shall observe the rule that when there are neither  Max: The modifying circumstance that the amounts involved exceed P22k
aggravating nor mitigating, they shall impose the penalty prescribed by law affects only the maximum term (at least 6 years and 1 day, plus 1 year for
in its medium period every P10k in excess of P22k)
 Imposable penalty: prision correccional minimum (6 months and 1 day –  Min: The penalty next lower should be prision correccional minimum to
2 years and 4 months) medium (anywhere between 6 months and 1 day – 4 years and 2 months)
b. Estafa, Sim, Jr. v. CA
2. For Complex Felonies  Interpreted Art. 315 to mean that the penalty for estafa where the amount
 For purposes of determining the next lower degree, the full range of the of fraud exceeds P22k is prision mayor minimum, and not prision
penalty prescribed by law for the offense, not merely the imposable correccional maximum to prision mayor minimum
penalty because of its complex nature, should, a priori, be considered c. Estafa, Perez v. People, citing Gabres
Example:  Minimum term of the indeterminate penalty anywhere within 6 months
 One degree lower than prision mayor maximum to reclusion temporal and 1 day – 4 years and 2 months as it did not consider the fact that the
minimum is prision mayor minimum to prision mayor medium (being the amount involved in the case exceeds P22k in the initial determination of
next 2 periods in the scale of penalties, Art. 64 (5) in relation to Art. 61(5); the imposable penalty
Full range is 6 years and 1 day – 10 years)  Prision correccional maximum to prision mayor minimum and the penalty
 This 1 degree lower penalty should, conformably with Art. 48, be imposed next lower as prision correccional minimum to medium
in its maximum period (8 years and 1 day – 10 years) d. Estafa, Vasquez v. People, following Perez
 Presence of a 3rd mitigating would result in imposing a period the court  Under PD 818, if the amount of the fraud exceeds P22k, the penalty is
may deem applicable reclusion temporal in its maximum period, adding 1 year for each
 Considering however, that the penalty has to be imposed in the maximum additional P10k, but the total penalty shall not exceed 30 years which shall
period, the only effect is to impose only the minimum portion of that be termed as reclusion perpetua
maximum period (8 years, 8 months and 1 day – 9 years, 6 months and 10  This amendment does not apply to the present case as it does not involve
days) from which the maximum of the indeterminate sentence shall be bouncing checks, the RPC provisions remain applicable
taken  Following Perez and in accordance with the rule that penal laws should be
construed in favor of the accused, the fact that the amount involved
exceeds P22k should not be considered in the initial determination of the
indeterminate penalty, but should be regarded as analogous to a
modifying circumstance in the imposition of the maximum term of the full
indeterminate sentence
 Since the penalty prescribed by law is prision correccional maximum to

Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 3
prision mayor minimum, the penalty next lower would be prision Art. 11. Justifying circumstances
correccional minimum to medium 1. Self defense
 Max: taken from the maximum period of penalty under Art. 315, which is 2. Defense of relatives
reclusion temporal, since the amount defrauded exceeds P22k, adding 1 3. Defense of strangers
year for each additional P10k 4. Avoidance of greater evil or injury
 The excess from P22k is P686k, translating to an additional 68 years, 5. Fulfillment of duty or exercise of right or office
however, the law provides that the total penalty shall not exceed 20 years 6. Obedience to an order of a superior
 Min: Anywhere within 6 months and 1 day – 4 years and 2 months
 Appropriate penalty, thus, should range from 4 years and 2 months of Art. 12. Exempting circumstances
prision correccional, as minimum, to 20 years of reclusion temporal, as 1. Imbecile or insane person unless the latter has acted during a lucid interval
maximum 2. Person 15 years and under
3. Person over 15 years and under 18, unless he has acted with discernment
4. Under SPL 4. Any person who, while performing a lawful act with due care, causes an injury
 Maximum term shall be any period not to exceed the maximum fixed by by mere accident without fault or intention of causing it
the said law 5. Any person who acts under the compulsion of an irresistible force
 Minimum term shall be any period not less than the minimum term 6. Any person who acts under the impulse of an uncontrollable fear of an equal or
prescribed by the same greater injury
 In special laws, there are no mitigating or aggravating circumstances, or 7. Any person who fails to perform an act required by law when prevented by
periods of divisible penalty some lawful or insuperable cause

PAROLE UNDER THE ISL v. PARDON Art. 13. Mitigating circumstances


Parole Pardon 1. Incomplete justifying and incomplete exempting
Minimum sentence must be served Service is not required 2. Under 18 years or over 70 years
3. No intention to commit so grave a wrong
Benefit granted by law, specifically the Exercise of the power of the President
4. Sufficient provocation or threat
ISL under Art. VII, Sec. 19 of the
5. Act committed in the immediate vindication of a grave offense
Constitution
6. Passion or obfuscation
7. Voluntary surrender and plea of guilt
8. Deaf and dumb, blind in 2 eyes, or otherwise suffering from physical defect
Parole Pardon Good Conduct
which restricts his means of action
Allowances
9. Illness as would diminish the exercise of his will power without depriving him of
Minimum sentence must Service is not required
the consciousness of his acts
be served
10. Circumstances of similar nature
Benefit granted by law, Exercise of the power of Act. No. 1533 and Art. 97
specifically the ISL the President under Art.
VII, Sec. 19 of the
Constitution
Application sanctioned Granted by the President Granted by the Director
by the Board of Pardons of Prisons
and Parole

Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 4
Art. 14. Aggravating circumstances PD NO. 968 PROBATION LAW
1. Advantage be taken by the offender of his public position Section 1. Title and Scope of the Decree. This Decree shall be known as the
2. Committed in contempt of or with insult to public authorities Probation Law of 1976. It shall apply to all offenders except those entitled to the
3. Committed (a) with insult or in disregard of the respect due the offended benefits under the provisions of Presidential Decree numbered Six Hundred and
party on account of his rank, age or sex, or that (b) it be committed in the three and similar laws.
dwelling of the offended party if the latter has not given any provocation
4. Committed with abuse of confidence or obvious ungratefulness Section 2. Purpose. This Decree shall be interpreted so as to:
5. Committed in the palace of the Chief Executive, or in his presence, or (a) promote the correction and rehabilitation of an offender by providing him
where authorities are engaged in the discharge of their duties or in a place with individualized treatment;
dedicated to religious worship (b) provide an opportunity for the reformation of a penitent offender which might
6. Committed in the nighttime or in an uninhabited place, or by a band be less probable if he were to serve a prison sentence; and
whenever such circumstances may facilitate the commission of the offense (c) prevent the commission of offenses.
7. Committed on the occasion of a conflagration, shipwreck, earthquake,
epidemic or other calamity or misfortune Section 3. Meaning of Terms. As used in this Decree, the following shall, unless
8. Crime be committed with the aid of armed men or persons who insure or the context otherwise requires, be construed thus:
afford impunity (a) "Probation" is a disposition under which a defendant, after conviction and
9. Recidivist sentence, is released subject to conditions imposed by the court and to the
10. Previously punished for an offense to which the law attaches an equal or supervision of a probation officer.
greater penalty or for 2 or more crimes to which it attaches a lighter (b) "Probationer" means a person placed on probation.
penalty (c) "Probation Officer" means one who investigates for the court a referral for
11. Committed in consideration of a price, reward, or promise probation or supervises a probationer or both.
12. Committed by means of inundation, fire, poison, explosion, stranding of a
vessel or intentional damage thereto, derailment of a locomotive, or by Section 4. Grant of Probation. Subject to the provisions of this Decree, the court
the use of any other artifice involving great waste and ruin may, after it shall have convicted and sentenced a defendant and upon
13. Committed with evident premeditation application at any time of said defendant, suspend the execution of said sentence
14. Craft, fraud, or disguise be employed and place the defendant on probation for such period and upon such terms and
15. Advantage be taken of superior strength, or means be employed to conditions as it may deem best.
weaken the defense Probation may be granted whether the sentence imposes a term of imprisonment
16. Committed with treachery or a fine only. An application for probation shall be filed with the trial court, with
17. Means be employed or circumstances brought about which add ignominy notice to the appellate court if an appeal has been taken from the sentence of
to the natural effects of the act conviction. The filing of the application shall be deemed a waver of the right to
18. Committed after an unlawful entry appeal, or the automatic withdrawal of a pending appeal.
19. As a means to the commission of a crime a wall, roof, floor, door, or An order granting or denying probation shall not be appealable.
window be broken
20. Committed with the aid of persons under fifteen years of age, or by means Section 5. Post-sentence Investigation. No person shall be placed on probation
of motor vehicle, motorized watercraft, airships, or other similar means except upon prior investigation by the probation officer and a determination by
21. Wrong done in the commission of the crime be deliberately augmented by the court that the ends of justice and the best interest of the public as well as that
causing other wrong not necessary for its commission of the defendant will be served thereby.

Section 8. Criteria for Placing an Offender on Probation. In determining whether


an offender may be placed on probation, the court shall consider all information
relative, to the character, antecedents, environment, mental and physical
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 5
condition of the offender, and available institutional and community resources. (k) satisfy any other condition related to the rehabilitation of the defendant and
Probation shall be denied if the court finds that: not unduly restrictive of his liberty or incompatible with his freedom of
(a) the offender is in need of correctional treatment that can be provided most conscience.
effectively by his commitment to an institution; or
(b) there is undue risk that during the period of probation the offender will Section 11. Effectivity of Probation Order. A probation order shall take effect upon
commit another crime; or its issuance, at which time the court shall inform the offender of the
(c) probation will depreciate the seriousness of the offense committed. consequences thereof and explain that upon his failure to comply with any of the
conditions prescribed in the said order or his commission of another offense, he
Section 9. Disqualified Offenders. The benefits of this Decree shall not be shall serve the penalty imposed for the offense under which he was placed on
extended to those: probation.
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State; Section 14. Period of Probation.
(c) who have previously been convicted by final judgment of an offense punished (a) The period of probation of a defendant sentenced to a term of imprisonment
by imprisonment of not less than one month and one day and/or a fine of not less of not more than one year shall not exceed two years, and in all other cases, said
than Two Hundred Pesos; period shall not exceed six years.
(d) who have been once on probation under the provisions of this Decree; and (b) When the sentence imposes a fine only and the offender is made to serve
(e) who are already serving sentence at the time the substantive provisions of this subsidiary imprisonment in case of insolvency, the period of probation shall not
Decree became applicable pursuant to Section 33 hereof. be less than nor to be more than twice the total number of days of subsidiary
imprisonment as computed at the rate established, in Article thirty-nine of the
Section 10. Conditions of Probation. Every probation order issued by the court Revised Penal Code, as amended.
shall contain conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his Section 15. Arrest of Probationer; Subsequent Disposition. At any time during
supervision at such place as may be specified in the order within seventy-two probation, the court may issue a warrant for the arrest of a probationer for
hours from receipt of said order; violation of any of the conditions of probation. The probationer, once arrested
(b) report to the probation officer at least once a month at such time and place as and detained, shall immediately be brought before the court for a hearing, which
specified by said officer. may be informal and summary, of the violation charged. The defendant may be
The court may also require the probationer to: admitted to bail pending such hearing. In such a case, the provisions regarding
(a) cooperate with a program of supervision; release on bail of persons charged with a crime shall be applicable to probationers
(b) meet his family responsibilities; arrested under this provision. If the violation is established, the court may revoke
(c) devote himself to a specific employment and not to change said employment or continue his probation and modify the conditions thereof. If revoked, the court
without the prior written approval of the probation officer; shall order the probationer to serve the sentence originally imposed. An order
(d) undergo medical, psychological or psychiatric examination and treatment and revoking the grant of probation or modifying the terms and conditions thereof
enter and remain in a specified institution, when required for that purpose; shall not be appealable.
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence Section 16. Termination of Probation. After the period of probation and upon
of persons on probation; consideration of the report and recommendation of the probation officer, the
(g) refrain from visiting houses of ill-repute; court may order the final discharge of the probationer upon finding that he has
(h) abstain from drinking intoxicating beverages to excess; fulfilled the terms and conditions of his probation and thereupon the case is
(i) permit to probation officer or an authorized social worker to visit his home and deemed terminated.
place or work; The final discharge of the probationer shall operate to restore to him all civil
(j) reside at premises approved by it and not to change his residence without its rights lost or suspend as a result of his conviction and to fully discharge his
prior written approval; or liability for any fine imposed as to the offense for which probation was granted.
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 6
The probationer and the probation officer shall each be furnished with a copy of 3. Probation will depreciate the seriousness of the offense committed
such order.  One who, instead of complying with the orders of the trial courts in
NATURE, OBJECTIVES AND CONDITIONS the 54 counts of violation of BP 22, resorted to artifice to evade the
 Not a right of the accused, but rather an act of grace and clemency or implementation of a writ of execution by executing a simulated deed
immunity conferred by the State which may be granted by the court of sale over her property is not entitled to probation Santos v. CA
 Not a penal statute, thus, the principle of liberal interpretation does not apply
 Disposition under which the defendant after conviction and sentence is DISQUALIFICATIONS
released subject to the mandatory and discretionary conditions imposed by Under the law:
the court and to the supervision by a probation officer 1. Maximum term of imprisonment of more than 6 years
2. Convicted of subversion or any crime against national security or public order:
OBJECTIVES a. Against National Security – Treason; conspiracy and proposal to commit
1. Promote correction and rehabilitation by giving individualized treatment treason; misprision of treason; espionage; inciting to war and giving
2. Provide a better opportunity to reform motives for reprisal; violation of neutrality; correspondence with hostile
3. Prevent further commission of crimes as he is placed under the country; flight to enemy country; piracy and mutiny
supervision of a probation officer b. Against Public Order – Rebellion, insurrection, coup, sedition; illegal
4. Decongest our jails assemblies and associations; direct/indirect assault, resistance and
5. Save the government much needed funds disobedience; public disorders: tumults, alarms and scandals; delivery of
prisoners from jail; evasion of service of sentence; quasi-recidivism
MANDATORY CONDITIONS c. Under RA 9165, persons convicted for drug trafficking or pushing cannot
1. Report to the designated probation officer within 72 hours after receipt of avail of the privilege granted by the Probation Law
the order; and  Minors are not exempt from this proscription for had it been the
2. Report periodically to the officer at least once a month or sooner as the latter intention to exempt, the law could have easily declared so
may deem 3. Previously convicted by final judgment of an offense punished by
imprisonment of not less than 1 month and 1 day and/or a fine not less than
 Discretionary conditions depend upon the court but these must be P200
constructive and not unduly restrictive of the liberty of the offender, not  “Previous” refers to conviction, not to the commission of the offense,
more onerous than the penalty for the crime and not inconsistent with his notwithstanding the fact that the crime arose out of a single transaction
conscience 4. Have been once on probation
5. Already serving sentence at the time the substantive provisions of the Decree
PROBATIONABLE PENALTY becme applicable
 Maximum period of the penalty imposed must not exceed 6 years (prision 6. Entitled to the benefits under PD 603 and similar laws*
correccional)  PD 603, as amended by PD 1179 and RA 9344 entitle the minor to avail of
 An additional 1 day (prision mayor) would disqualify the offender from the probation hence, this disqualification no longer holds
privilege of probation 7. Perfected an appeal
 Probation not allowed after an appeal has been perfected because
GROUNDS FOR DENIAL OF APPLICATION appeal and probation are mutually exclusive remedies
 Must be applied for by the convict who is not disqualified therefor within the  A person filing an appeal insists on his innocence, whereas, one applying
period for perfecting an appeal for probation in effect admits his wrongdoing and is now ready to repent
1. In need of correctional treatment that can be provided most effectively  Appeal should not bar application for probation if the appeal is taken
by his commitment to an institution solely to reduce the penalty (in order to “qualify” for probation)
2. Undue risk that during the period of probation the offender will commit
another crime
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 7
Under RA 9160, as amended by RA 9194 DURATION OF PROBATION
8. Election offenses, punishable with imprisonment of not less than 1 year but
not more than 6 years with disqualification for probation Period of Imprisonment Duration of Probation
9. Malicious reporting of money laundering transactions Not more than 1 year Not exceeding 2 years
1 – 6 years Not exceeding 6 years
Under BP 881: Sentence imposed is a fine only and Twice the total number of days of
 For purposes of disqualification, multiple prison terms are distinct from each offender is made to serve subsidiary subsidiary imprisonment as
other imprisonment in case of insolvency computed under Art. 39
 If none of the terms exceed the limits set out in the Probation Law (not more
than 6 years), then the offender is entitled to probation, unless otherwise PROBATION V. PAROLE
specifically disqualified
 The number of offenses is immaterial as long as all the penalties imposed, Probation Parole
taken separately, are within the probationable period Sentence Not more than 6 years More than 1 year
 The Probation Law uses the word “maximum,” not “total,” when it says Penalty Imprisonment or fine Imprisonment only
“benefits of this Decree shall not extend to those xxx sentenced to serve a Disposition Sentence is suspended Imprisonment for at least
maximum prison term of imprisonment of more than 6 years” the minimum
Example: Violation Entire sentence served Unexpired portion shall be
 An accused issued 3 bad checks to one and the same complainant, 3 separate of served
informations were filed and the 3 cases were not consolidated Condition
 He was convicted and imposed a fine of P4k in one case while he was Appeal Forecloses probation No effect
imposed a prison term of 30 days in each of the other 2 cases Availability Only once Every time as long as
 He should be disqualified for probation as his earlier conviction imposed a offender is not disqualified
fine of more than P200 Character Grant of privilege; must be Mandatory; application not
applied for necessary
PERIOD TO FILE APPLICATION
 Must be filed within the period for perfecting an appeal  Facial challenge – “on its face” invalidation of statute or invalid statute for
Example: being vague on its face
 In a case where the convict appealed to lower the penalty to “qualify for  Allowed to be made to a vague statute and to one which is overbroad
probation,” such period for appeal had passed, that is, the RTC’s decision had because of possible “chilling effect” upon protected speech
attained finality  Does not apply to penal statutes
 His attempt at probation was too late as he filed before the finality of the  The overbreadth and vagueness doctrines have special application only to
judgment free speech cases. They are inapt for testing the validity of penal statutes.

LEGAL EFFECT OF PROBATION TEST OF VOID CRIMINAL STATUTE FOR UNCERTAINTY


 Only to suspend the execution of the sentence  Test is whether the language conveys a sufficiently definite warning as to the
 Conviction subsists and remains totally unaffected notwithstanding the grant proscribed conduct when measured by common understanding and practice.
of probation  The “vagueness” doctrine merely requires reasonable degree of certainty for
the statute to be upheld –not absolute precision or mathematical exactitude.

Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 8
QUANTUM OF PROOF REQUIRED FOR PLUNDER LAW (Sec. 4) (a) "Government" includes the national government, the local
 What needs to be proven by prosecution beyond reasonable doubt is only a governments, the government-owned and government-controlled
number of acts sufficient to form a combination or series which would corporations, and all other instrumentalities or agencies of the Republic
constitute a patter and involving an amount of at least P50 million. of the Philippines and their branches.
 No need to prove each and every other act alleged in the information to
have been committed by the accused in furtherance of the overall unlawful (b) "Public officer" includes elective and appointive officials and
scheme or conspiracy to a) amass, b) accumulate, or c) acquire ill-gotten employees, permanent or temporary, whether in the classified or
wealth. unclassified or exempt service receiving compensation, even nominal,
 Example: prosecution need not prove all 50 raids on the treasury, if such is from the government as defined in the preceding subparagraph.
alleged, it is sufficient to prove by pattern at least two of the raids beyond
reasonable doubt, provided only that they amounted to at least P50 million (c) "Receiving any gift" includes the act of accepting directly or indirectly
 The “pattern of overt or criminal acts indicative of the overall unlawful a gift from a person other than a member of the public officer's
scheme or conspiracy” inheres in the very act of accumulating, acquiring, or immediate family, in behalf of himself or of any member of his family or
amassing hidden wealth. The prosecution is therefore not required to make relative within the fourth civil degree, either by consanguinity or affinity,
a deliberate and conscious effort to prove pattern as in necessarily follows even on the occasion of a family celebration or national festivity like
with the establishment of a series or combination of the predicate acts. (Sec. Christmas, if the value of the gift is under the circumstances manifestly
2 read with Sec. 4) excessive.

NATURE OF SECTION 4 OF THE PLUNDER LAW (d) "Person" includes natural and juridical persons, unless the context
 It is a rule of evidence indicates otherwise.
 It prescribes a rule of procedure for the prosecution of a criminal case for
plunder. Section 3. Corrupt practices of public officers. In addition to acts or omissions of
 It does not define or establish any substantial right in favor of the accused. public officers already penalized by existing law, the following shall constitute
 It only operates in furtherance of a remedy. corrupt practices of any public officer and are hereby declared to be unlawful:
 A conviction for plunder may be had, even without invoking Section 4. What
is crucial for the prosecution is to present sufficient evidence to prove guilt (a) Persuading, inducing or influencing another public officer to perform
of the accused beyond reasonable doubt. an act constituting a violation of rules and regulations duly promulgated
by competent authority or an offense in connection with the official
COURT OF PROPER JURISDICTION duties of the latter, or allowing himself to be persuaded, induced, or
 Prosecutions for plunder are cognizable by the Sandiganbayan only when the influenced to commit such violation or offense.
accused is a public official with Salary Grade 27 or higher.
(b) Directly or indirectly requesting or receiving any gift, present, share,
RA NO. 3019: ANTI-GRAFT LAW percentage, or benefit, for himself or for any other person, in connection
with any contract or transaction between the Government and any other
Section 1. Statement of policy. It is the policy of the Philippine Government, in part, wherein the public officer in his official capacity has to intervene
line with the principle that a public office is a public trust, to repress certain acts under the law.
of public officers and private persons alike which constitute graft or corrupt
practices or which may lead thereto. (c) Directly or indirectly requesting or receiving any gift, present or other
pecuniary or material benefit, for himself or for another, from any person
Section 2. Definition of terms. As used in this Act, that term 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
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consideration for the help given or to be given, without prejudice to belong.
Section thirteen of this Act.
(j) Knowingly approving or granting any license, permit, privilege or
(d) Accepting or having any member of his family accept employment in a benefit in favor of any person not qualified for or not legally entitled to
private enterprise which has pending official business with him during such license, permit, privilege or advantage, or of a mere representative
the pendency thereof or within one year after its termination. or dummy of one who is not so qualified or entitled.

(e) Causing any undue injury to any party, including the Government, or (k) Divulging valuable information of a confidential character, acquired
giving any private party any unwarranted benefits, advantage or by his office or by him on account of his official position to unauthorized
preference in the discharge of his official administrative or judicial persons, or releasing such information in advance of its authorized
functions through manifest partiality, evident bad faith or gross release date.
inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant The person giving the gift, present, share, percentage or benefit referred to in
of licenses or permits or other concessions. subparagraphs (b) and (c); or offering or giving to the public officer the
employment mentioned in subparagraph (d); or urging the divulging or untimely
(f) Neglecting or refusing, after due demand or request, without release of the confidential information referred to in subparagraph (k) of this
sufficient justification, to act within a reasonable time on any matter section shall, together with the offending public officer, be punished under
pending before him for the purpose of obtaining, directly or indirectly, Section nine of this Act and shall be permanently or temporarily disqualified in
from any person interested in the matter some pecuniary or material the discretion of the Court, from transacting business in any form with the
benefit or advantage, or for the purpose of favoring his own interest or Government.
giving undue advantage in favor of or discriminating against any other
interested party. 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
(g) Entering, on behalf of the Government, into any contract or exploit or take advantage of such family or close personal relation by directly or
transaction manifestly and grossly disadvantageous to the same, indirectly requesting or receiving any present, gift or material or pecuniary
whether or not the public officer profited or will profit thereby. advantage from any other person having some business, transaction, application,
request or contract with the government, in which such public official has to
(h) Director or indirectly having financing or pecuniary interest in any intervene. Family relation shall include the spouse or relatives by consanguinity or
business, contract or transaction in connection with which he intervenes affinity in the third civil degree. The word "close personal relation" shall include
or takes part in his official capacity, or in which he is prohibited by the close personal friendship, social and fraternal connections, and professional
Constitution or by any law from having any interest. employment all giving rise to intimacy which assures free access to such public
officer.
(i) Directly or indirectly becoming interested, for personal gain, or having
a material interest in any transaction or act requiring the approval of a (b) It shall be unlawful for any person knowingly to induce or cause any
board, panel or group of which he is a member, and which exercises public official to commit any of the offenses defined in Section 3 hereof.
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. 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
Interest for personal gain shall be presumed against those public officers President of the Philippines, the Vice-President of the Philippines, the President of
responsible for the approval of manifestly unlawful, inequitable, or the Senate, or the Speaker of the House of Representatives, to intervene, directly
irregular transaction or acts by the board, panel or group to which they or indirectly, in any business, transaction, contract or application with the
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 10
Government: Provided, That this section shall not apply to any person who, prior Section 8. Dismissal due to unexplained wealth. If in accordance with the
to the assumption of office of any of the above officials to whom he is related, has provisions of Republic Act Numbered One thousand three hundred seventy-nine,
been already dealing with the Government along the same line of business, nor to a public official has been found to have acquired during his incumbency, whether
any transaction, contract or application already existing or pending at the time of in his name or in the name of other persons, an amount of property and/or
such assumption of public office, nor to any application filed by him the approval money manifestly out of proportion to his salary and to his other lawful income,
of which is not discretionary on the part of the official or officials concerned but that fact shall be a ground for dismissal or removal. Properties in the name of the
depends upon compliance with requisites provided by law, or rules or regulations spouse and unmarried children of such public official may be taken into
issued pursuant to law, nor to any act lawfully performed in an official capacity or consideration, when their acquisition through legitimate means cannot be
in the exercise of a profession. satisfactorily shown. Bank deposits shall be taken into consideration in the
enforcement of this section, notwithstanding any provision of law to the contrary.
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 Section 9. Penalties for violations. (a) Any public officer or private person
acquire or receive any personal pecuniary interest in any specific business committing any of the unlawful acts or omissions enumerated in Sections 3, 4, 5
enterprise which will be directly and particularly favored or benefited by any law and 6 of this Act shall be punished with imprisonment for not less than one year
or resolution authored by him previously approved or adopted by the Congress nor more than ten years, perpetual disqualification from public office, and
during the same term. confiscation or forfeiture in favor of the Government of any prohibited interest
and unexplained wealth manifestly out of proportion to his salary and other
The provision of this section shall apply to any other public officer who lawful income.
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. 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
It shall likewise be unlawful for such member of Congress or other public officer, action with priority over the forfeiture in favor of the Government, the amount of
who, having such interest prior to the approval of such law or resolution authored money or the thing he may have given to the accused, or the value of such thing.
or recommended by him, continues for thirty days after such approval to retain
such interest. (b) Any public officer violation any of the provisions of Section 7 of this
Act shall be punished by a fine of not less than one hundred pesos nor
Section 7. Statement of assets and liabilities. Every public officer, within thirty more than one thousand pesos, or by imprisonment not exceeding one
days after the approval of this Act or after assuming office, and within the month year, or by both such fine and imprisonment, at the discretion of the
of January of every other year thereafter, as well as upon the expiration of his Court.
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 The violation of said section proven in a proper administrative proceeding shall be
Head of Department or chief of an independent office, with the Office of the sufficient cause for removal or dismissal of a public officer, even if no criminal
President, or in the case of members of the Congress and the officials and prosecution is instituted against him.
employees thereof, with the Office of the Secretary of the corresponding House, a
true detailed and sworn statement of assets and liabilities, including a statement Section 10. Competent court. Until otherwise provided by law, all prosecutions
of the amounts and sources of his income, the amounts of his personal and family under this Act shall be within the original jurisdiction of the proper Court of First
expenses and the amount of income taxes paid for the next preceding calendar Instance.
year: Provided, That public officers assuming office less than two months before
the end of the calendar year, may file their statements in the following months of Section 11. Prescription of offenses. All offenses punishable under this Act shall
January. prescribe in ten years.

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Section 12. Termination of office. No public officer shall be allowed to resign or Section 1. Definition of Terms - As used in this Act, the term -
retire pending an investigation, criminal or administrative, or pending a a) Public Officer means any person holding any public office in the
prosecution against him, for any offense under this Act or under the provisions of Government of the Republic of the Philippines by virtue of an
the Revised Penal Code on bribery. appointment, election or contract.
b) Government includes the National Government, and any of its
Section 13. Suspension and loss of benefits. Any public officer against whom any subdivisions, agencies or instrumentalities, including government-owned
criminal prosecution under a valid information under this Act or under the or -controlled corporations and their subsidiaries.
provisions of the Revised Penal Code on bribery is pending in court, shall be c) Person includes any natural or juridical person, unless the context
suspended from office. Should he be convicted by final judgment, he shall lose all indicates otherwise.
retirement or gratuity benefits under any law, but if he is acquitted, he shall be d) Ill-gotten wealth means any asset, property, business enterprise or
entitled to reinstatement and to the salaries and benefits which he failed to material possession of any person within the purview of Section Two (2)
receive during suspension, unless in the meantime administrative proceedings hereof, acquired by him directly or indirectly through dummies,
have been filed against him. nominees, agents, subordinates and/or business associates by any
combination or series of the following means or similar schemes:
Section 14. Exception. Unsolicited gifts or presents of small or insignificant value 1) Through misappropriation, conversion, misuse, or
offered or given as a mere ordinary token of gratitude or friendship according to malversation of public funds or raids on the public treasury;
local customs or usage, shall be excepted from the provisions of this Act. 2) By receiving, directly or indirectly, any commission, gift, share,
percentage, kickbacks or any other form of pecuniary benefit
from any person and/or entity in connection with any
Nothing in this Act shall be interpreted to prejudice or prohibit the practice of any
government contract or project or by reason of the office or
profession, lawful trade or occupation by any private person or by any public
position of the public officer concerned;
officer who under the law may legitimately practice his profession, trade or
3) By the illegal or fraudulent conveyance or disposition of
occupation, during his incumbency, except where the practice of such profession,
assets belonging to the National Government or any of its
trade or occupation involves conspiracy with any other person or public official to
subdivisions, agencies or instrumentalities or government-
commit any of the violations penalized in this Act.
owned or -controlled corporations and their subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any
Section 15. Separability clause. If any provision of this Act or the application of
shares of stock, equity or any other form of interest or
such provision to any person or circumstances is declared invalid, the remainder
participation including promise of future employment in any
of the Act or the application of such provision to other persons or circumstances
business enterprise or undertaking;
shall not be affected by such declaration.
5) By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementation of
Section 16. Effectivity. This Act shall take effect on its approval, but for the decrees and orders intended to benefit particular persons or
purpose of determining unexplained wealth, all property acquired by a public special interests; or
officer since he assumed office shall be taken into consideration. 6) By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich himself
Approved: August 17, 1960 or themselves at the expense and to the damage and prejudice
of the Filipino people and the Republic of the Philippines.
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by
himself or in connivance with members of his family, relatives by affinity or
RA NO. 7080 (AS AMENDED BY RA 7659): PLUNDER LAW consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt
or criminal acts as described in Section 1(d) hereof, in the aggregate amount or
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 12
total value of at least Fifty million pesos (P50,000,000.00), shall be guilty of the offenses.
crime of plunder and shall be punished by reclusion perpetua to death. Any o It does not require that each act be proved distinctly from each other.
person who participated with the said public officer in the commission of an o It is enough that the acts show a pattern of accumulation.
offense contributing to the crime of plunder shall likewise be punished for such o The series of acts is in the nature of continued crime deemed as only one.
offense. In the imposition of penalties, the degree of participation and the
attendance of mitigating and extenuating circumstances, as provided by the NATURE OF THE CRIME OF PLUNDER (Estrada v. Sandiganbayan)
Revised Penal Code, shall be considered by the court. The court shall declare any  Plunder is malum in se.
and all ill-gotten wealth and their interests and other incomes and assets o Plunder is regarded as a heinous crime in the legislative declaration in RA
including the properties and shares of stocks of derived from the deposit or 7659.
investment thereof forfeited in favor of the State. o The predicated crimes in Plunder are inherently immoral or inherently
Section 3. Competent Court - Until otherwise provided by law, all prosecutions wrong.
under this Act shall be within the original jurisdiction of the Sandiganbayan.  Mens rea (Latin for guilty mind) is an element of plunder.
Section 4. Rule of Evidence - For purposes of establishing the crime of plunder, it o Section 2 authorizes the application of mitigating and extenuating
shall not be necessary to prove each and every criminal act done by the accused in circumstances in the RPC.
furtherance of the scheme or conspiracy to amass, accumulate or acquire ill- o The degree of responsibility of the offender is determined by his criminal
gotten wealth, it being sufficient to establish beyond reasonable doubt a pattern intent.
of overt or criminal acts indicative of the overall unlawful scheme or conspiracy.  Section 2 refers to “any person who participates…” (second sentence) – the
Section 5. Suspension and Loss of Benefits - Any public officer against whom any word “any person” applies as well to a public officer who is a principal in the
criminal prosecution under a valid information under this Act in whatever stage of crime.
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 CONSTITUTIONALITY OF THE PLUNDER LAW
gratuity benefits under any law, but if he is acquitted, he shall be entitled to  Plunder Law contains ascertainable standards and well-defined parameters
reinstatement and to the salaries and other benefits which he failed to receive which would enable the accused to determine the nature of his violation.
during suspension, unless in the meantime, administrative proceedings have been  Section 2 is sufficiently explicit in the description of the acts, conduct, and
filed against him. conditions required or forbidden, and prescribes the elements of the crime
Section 6. Prescription of Crimes - The crime punishable under this Act shall with reasonable certainty and particularity.
prescribe in twenty (20) years. However, the right of the State to recover  The law is valid if it provides comprehensible guide or rule that would inform
properties unlawfully acquired by public officers from them or from their those subject to it what conduct would render them liable to its penalties. It
nominees or transferees shall not be barred by prescription, laches, or estoppel. must sufficiently guide:
Section 7. Separability of Provisions - If any provisions of this Act or the o The judge, in its application;
application thereof to any person or circumstance is held invalid, the remaining o The counsel, in defending one charged with its violation;
provisions of this Act and the application of such provisions to other persons or o The accused, in identifying the realm of the proscribed conduct.
circumstances shall not be affected thereby.  The Plunder Law is clear that what it punishes is the act of a public officer in
Section 8. Scope - This Act shall not apply to or affect pending prosecutions or amassing or accumulating ill-gotten wealth of at least P50 million through a
proceedings, or those which may be instituted under Executive Order No. 1, series or combination of acts enumerated in Section 1(d).
issued and promulgated on February 28, 1986.  Furthermore, a statute is not rendered uncertain and void merely because it
Section 9. Effectivity - This Act shall take effect after fifteen (15) days from its is couched on general terms or because it use some terms without defining
publication in the Official Gazette and in a newspaper of general circulation. them.
Approved: July 12, 1991 o There is no positive constitutional or statutory command requiring the
DEFINITION legislature to define each and every word in the enactment.
 Plunder – crime of public officer of amassing wealth for at least P50 million by o Congress is not restricted in the form of expression of its will
a series or combination of overt acts each of which may constitute different o Inability of Congress to define the words employed in a statute does not
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 13
result to vagueness or ambiguity of the law as long as the legislative will is construction
clear. o It is apparently ambiguous yet fairly applicable to certain types of activities
o Plunder Law is has a clear legislative will. (Basically the main point of this – cannot be challenged once it is applied to such activities.
part is that Plunder is constitutional) o It is clear and free from ambiguity.
 Facial challenge – “on its face” invalidation of statute or invalid statute for
DEFINITION OF TERMS being vague on its face
 Combination – at least two enumerations provided in Section 1(d)  Allowed to be made to a vague statute and to one which is overbroad
 Series – two or more overt or criminal acts falling under the same category because of possible “chilling effect” upon protected speech
of enumeration found in Section 1(d) such as misappropriation, malversation  Does not apply to penal statutes
and raids on the public treasury, all of which fall under sub-paragraph 1.  The overbreadth and vagueness doctrines have special application only to
 Pattern – defined in Section 4 in relation to Section 1(d) and Section 2. It is free speech cases. They are inapt for testing the validity of penal statutes.
not an element of plunder (all the essential elements of plunder are in its
definition in Section 2 in relation to Section 1(d); pattern is not one of them) TEST OF VOID CRIMINAL STATUTE FOR UNCERTAINTY
o Pattern in Section 1(d) – consists of at least a combination or series of  Test is whether the language conveys a sufficiently definite warning as to the
overt or criminal acts enumerated in subsections [1] to [6]. proscribed conduct when measured by common understanding and practice.
o Pattern in Section 2 – the pattern of overt or criminal acts is directed  The “vagueness” doctrine merely requires reasonable degree of certainty for
towards a common purpose or goal which is to enable the public officer to the statute to be upheld –not absolute precision or mathematical exactitude.
amass, accumulate, or acquire ill-gotten wealth. There must be an overall
unlawful scheme or conspiracy to achieve said common goal. QUANTUM OF PROOF REQUIRED FOR PLUNDER LAW (Sec. 4)
o Overall unlawful scheme – general plan of action or method which the  What needs to be proven by prosecution beyond reasonable doubt is only a
principal accused and public officer and others conniving with him follow number of acts sufficient to form a combination or series which would
to achieve the aforesaid common goal. If the overall scheme or the constitute a patter and involving an amount of at least P50 million.
methods used by the accused vary, the overt or criminal acts must form  No need to prove each and every other act alleged in the information to
part of a conspiracy to attain a common goal. have been committed by the accused in furtherance of the overall unlawful
scheme or conspiracy to a) amass, b) accumulate, or c) acquire ill-gotten
“VOID-FOR VAGUENESS” RULE AS APPLIED TO CRIMINAL LAW wealth.
 A statute establishing a criminal offense must define the offense with  Example: prosecution need not prove all 50 raids on the treasury, if such is
sufficient definiteness that persons of ordinary intelligence can understand alleged, it is sufficient to prove by pattern at least two of the raids beyond
what conduct is prohibited by the statute. reasonable doubt, provided only that they amounted to at least P50 million
 It can only be invoked against a law that is utterly vague on its face i.e.  The “pattern of overt or criminal acts indicative of the overall unlawful
cannot be clarified either by a saving clause or by construction. scheme or conspiracy” inheres in the very act of accumulating, acquiring, or
 When is a statute vague? amassing hidden wealth. The prosecution is therefore not required to make
o When it lacks comprehensible standards that men of common intelligence a deliberate and conscious effort to prove pattern as in necessarily follows
must necessarily guess at its meaning and differ in its application. with the establishment of a series or combination of the predicate acts. (Sec.
 Vague statues are repugnant to the Constitution in two respects: 2 read with Sec. 4)
o It violates due process for failure to accord persons (especially the parties
targeted by it) fair notice of what conduct to avoid; NATURE OF SECTION 4 OF THE PLUNDER LAW
o It leaves law enforcers unbridled discretion in carrying out its provisions  It is a rule of evidence
and becomes an arbitrary flexing of the Government muscle  It prescribes a rule of procedure for the prosecution of a criminal case for
 However, a legislation is not vague when: plunder.
o It is couched on imprecise language but which nonetheless specify a  It does not define or establish any substantial right in favor of the accused.
standard (though defectively phrased) – can be saved by proper
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 It only operates in furtherance of a remedy. (d) “Person” includes natural & juridical persons, unless the context indicates
 A conviction for plunder may be had, even without invoking Section 4. What otherwise.
is crucial for the prosecution is to present sufficient evidence to prove guilt
of the accused beyond reasonable doubt. DEFINITIONS
 Offense committed in relation to public office – it should be that the offense
COURT OF PROPER JURISDICTION cannot exist without the office; the office is a constituent element of the
 Prosecutions for plunder are cognizable by the Sandiganbayan only when the offense as defined in the statute
accused is a public official with Salary Grade 27 or higher.  Office – refers to any office a public officer may be holding, and not just the
one for which he stands accused
RA NO. 3019: ANTI-GRAFT LAW  Public officer – include all officials and employees, whether elective or
appointive, permanent or temporary, classified or unclassified, and whether or
not they receive compensation, from national government, local government,
SECTION 1: STATEMENT OF POLICY
GOCCs & all other instrumentalities & agencies
It is the policy of the Philippine Government, in line with the principle that a o Includes: contractual employees, reelected public officials
public office is a public trust, to repress certain acts of public officers and private o The use of the word “include” means that the list in the Anti-Graft Law is
persons alike which constitute graft or corrupt practices or which may lead not restrictive
thereto. o But the definition of a public officer within this Act is expressly limited to
the application of R.A. No. 3019
NATURE AND PURPOSE OF THE LAW o The definition does not apply in determining the Ombudsman’s jurisdiction
 Enacted under the State’s police power, to deter public officials from under the Constitution or the Ombudsman Act
committing crimes of dishonesty o NOTE: Various other laws define a “public officer” differently —
 The law does not merely contemplate repression of acts that are unlawful or  Art. 203, RPC – Any person who, by direct provision of law, popular
corrupt per se, but even those that may lead to or result in graft & corruption election or appointment by competent authority, takes part in the
 The law makes no time distinctions. It is immaterial when the public officer performance of public functions in the Government of the
commits the offense (i.e., if he commits it during a former term or his current Philippines, or performs in said Government or any of its branches
term, so long as he has committed it, he may be held accountable for his act) public duties as an employee, agent or subordinate official, of any
rank or class
SECTION 2: DEFINITION OF TERMS  Sec. 2(14), 1987 Administrative Code – a person whose duties not
(a) "Government" includes the national government, the local governments, the being of a clerical or manual nature, involves the exercise of
government-owned and government-controlled corporations, and all other discretion in the performance of the functions of the government.
instrumentalities or agencies of the Republic of the Philippines and their  When used with reference to a person having authority to do a
branches. particular act or perform a particular function in the exercise of
(b) "Public officer" includes elective and appointive officials and employees, government power, “officer” includes any government
permanent or temporary, whether in the classified or unclassified or exempt employee, agent or body having authority to do the act or
service receiving compensation, even nominal, from the government as defined in exercise the function
the preceding subparagraph.  R.A. 6713 (Code of Conduct and Ethical Standards for Public Officers
(c) "Receiving any gift" includes the act of accepting directly or indirectly a gift & Employees) – whether or not one receives compensation, includes
from a person other than a member of the public officer's immediate family, in employees, permanent & temporary, whether in the career or non-
behalf of himself or of any member of his family or relative within the fourth civil career service, including military & police personnel, whether or not
degree, either by consanguinity or affinity, even on the occasion of a family they receive compensation, regardless of amount
celebration or national festivity like Christmas, if the value of the gift is under the
circumstances manifestly excessive. CONDONATION
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 Condonation of an officer’s misconduct committed during his expired term liability for malversation of funds
applies only to his administrative but not his criminal guilt.  In RE: Victorio Lanuevo – the former Bar
 Such an officer would still be criminally liable. Confidant of the SC, on his own & without
authority from the Court, requested
GOVERNMENT OWNED & CONTROLLED CORPORATIONS examiners to reevaluate the answers of an
 For purposes of the Anti-Graft Law, includes those with or without original examinee, which allowed the latter to pass
charters the bar exams
 Quimpo v. Tanodbayan – as of the date of the acquisition by the Government
of PETROPHIL using public funds, PETROPHIL became a GOCC, though it (b) Directly or indirectly MODES OF COMMITTING SEC. 3(B)
retained its corporate existence. Its employees are thus within the requesting or receiving in Either—
investigatory & prosecutor jurisdiction of the Tanodbayan for purposes of the any gift, present, share, 1. Demanding or requesting
Anti-Graft Law. percentage or benefit for 2. Receiving
himself or for any other 3. Demanding, requesting & receiving
SECTION 3: CORRUPT PRACTICES OF PUBLIC OFFICERS person, in connection with Any gift, present, share, percentage or benefit
In addition to acts or omissions of public officers already penalized by existing any contract or transaction for oneself or for any other person, in
law, the ff. shall constitute corrupt practices of any public officer— between the Government & connection with any contract or transaction
(a) Persuading, inducing or TWO WAYS OF VIOLATING any other party, wherein the between the government & any other party,
influencing another public 1. A public officer persuading, inducing or public officer in his official wherein the public officer in an official capacity
officer to perform an act influencing another public officer to capacity has to intervene has to intervene under the law.
constituting a violation of perform: under the law  Proof of existence of any of the three
rules & regulations duly a. An act constituting a violation of rules warrants conviction, with or without
promulgated by a & regulations duly promulgated by a demand on the part of the public officer
competent authority or an competent authority
offense in connection with b. An offense in connection with the ELEMENTS
the official duties official duties of the latter; or 1. The offender is a public officer
2. A public officer allowing himself to be 2. He requested &/or received a gift, present
persuaded, induced or influenced to or consideration (GPC)
commit such violation or offense. 3. GPC was to benefit the public officer
4. GPC was requested &/or received in
Both the corruptor and corrupted public officer connection with a transaction with the
are punishable. government
5. The officer has a right to intervene in such
EXAMPLES contract or transaction in his official
 An auditor of COA allowing himself to be capacity, as required by law
persuaded by the cashier not to conduct
mandatory cahs examination, to prevent Compensation – includes allowance for
the auditor from uncovering the personal expenses, commissions, expenses, fees
malversation of funds in the cashier’s & honorarium, mileage or traveling expenses,
custody payments for services, restitution or a balancing
o Both will be liable under Sec. 3(a), of accounts, salary & wages, per diems, etc.
notwithstanding the cashier’s further
APPREHENSION & PROOF
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 16
 Entrapment – resorted to in order to school. He informed the teachers of the
apprehend a public officer in the act of approval of the release of their salary
obtaining undue benefits; usually used differentials. To facilitate payment, he
because the giver or briber is the only one agreed to be the one to follow up the
who can provide direct evidence of the differentials, & the teachers gave him
commission of the crime; allowed excess of what was needed. X was accused
 Instigation – when officers of the law or of appropriating the amounts for himself.
their agents incite, induce, instigate or lure  Held: X was acquitted, for there is no law
the accused into committing the offense; which invests him with the power to
NOT allowed intervene with the payment of the salary
o BUT in the absence of any differentials of the teachers. X was merely
controverting evidence, the trying to expedite payment, & thus he did
testimonies of public officers in not violate the Anti-Graft Law.
relation to the performance of their
duties are given full faith & credence, Mejia v. Pamaran
as they are presumed to have acted in  A branch clerk of court is the administrative
the regular performance of their assistance of the presiding judge, whose
official duties duty is to assist with the management of
the calendar of the court & all other
ILLUSTRATIVE CASES matters not involving the exercise of the
Formilleza v. Sandiganbayan discretion or judgment of the judge.
 Lesson: Mere physical receipt,  This special relation is presumed to mean
unaccompanied by any other sign, that the judge has reposed confidence in
circumstance or act to show acceptance, is the branch clerk of court, which may be
not suficent to lead to the conclusion that taken advantage of, as in this case, where
the crime has been committed. the clerk of court persuaded complainants
 Facts: X was accused of receiving bribe to giver her money in consideration of a
money, but the facts show that she was promise to get a favorable resolution of
shown to have done it in front of her their cases.
friends under the table, & she actually (c) Directly or indirectly ELEMENTS
shouted, “What are you trying to do to requesting or receiving any 1. The offender is a public officer
me?” gift, present or other 2. He requested &/or received a gift, present
 Held: X was acquitted, as there was no clear pecuniary or material or consideration (GPC)
intention on the her part to take the gift so benefit, for himself or for 3. GPC was to benefit the public officer
offered & consider it as his or her own another, from any person 4. GPC was requested &/or received in
property from then on. for whom the public officer, connection with a Government license or
in any matter or capacity, permit which the public officer secures &
Jaravata v. Sandiganbayan has secured or obtained, or obtains
 Lesson: The public officer in Sec. 3 (b) must will secure or obtain, any 5. The officer has a right to intervene in such
be one whose official intervention is Government permit or contract or transaction in his official
required by law in a contract or transaction. license, in consideration for capacity, as required by law
 Facts: X was the assistant principal of a high the help given or to be
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 17
given, without prejudice to ILLUSTRATIVE EXAMPLES to any party, including the 1. By causing any undue injury to any
Sec. 13 of this Act  Facts: X sought the help of Y of the Officer Government, or giving any party, including the government; or
of the City Engineer to secure a building private party any 2. By giving any party any unwarranted
permit for his house. Y gave the papers to unwarranted benefits, benefit, advantage or preference
Z, whose duty was to process the advantage or preference in
applications. When X went to Z to follow the discharge of his official ELEMENTS
up, Z said the application was deficient & administrative or judicial 1. The accused are public officers or private
that X would have to pay P800 more for functions through manifest persons charged in conspiracy with them
private engineers to sign the supporting partiality, evident bad faith 2. Said public officers commit the prohibited
papers. or gross inexcusable acts during the performance of their
 Held: Y & Z were both convicted after an negligence. The provision official duties or in relation to their public
entrapment proceeding, for their acts shall apply to officers & positions
before & during actual demand & the employees of offices or 3. They cause undue injury to any party,
actual receipt of the bribe money by Y, government corporations whether the Government or a private
which supports the conclusion that they charged with the grant of party
conspired to demand a bribe. licenses or permits or other 4. Such injury is caused by giving
concessions unwarranted benefits, advantage or
Bernabe v. SB preference to such parties
 PNR officials & the supplier were charged 5. The public officers acted with manifest
with having conspired together to give partiality, evident bad faith or gross
unwarranted benefit, undue advantage or inexcusable negligence
preference to CT, by awarding to the latter
the right to supply the PNR with welding UNDUE INJURY
rods, by making it appear that the supplier  Undue injury – real or actual damage to
was the only distributor of such products, the government occasioned by the acts of
although that was not in fact true, & by the offender
making it appear that the quantity of the o Must be more than necessary,
welding rods delivered was 360 pieces, excessive, improper or illegal
when only 100 pieces were delivered.  Jacinto v. SB – Withholding the
 The officials were convicted for causing salary of an employee due to the
undue injury to the PNR & giving employee’s non-submission of
unwarranted benefits, thru evident bad daily time record did not cause
faith, to the supplier. real or actual damage, where it
(d) Accepting or having any was shown that the salary was
member of his family accept released & the employee had
employment in a private defied his superior’s authority
enterprise which has o Must be a duly established element of
pending official business the crime
with him during the  Llorente v. SB – The refusal to
pendency thereof or within grant clearance to X is with legal
1 year after its termination basis if X has existing liability with
(e) Causing any undue injury TWO WAYS OF COMMITTING the government, even if the
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 18
public officer granted the same not mean to actually conceal court
application for clearance for early records, she was merely assisting in a
retirement by other employees different case at the time & failed to
who had existing liabilities. There furnish the parties in the case with their
may be bad faith on the part of court records.
the public officer, but not as an  Alejandro v. People – There is no gross
element of the crime. inexcusable negligence if the Chief of the
o There is no injury where sufficient public hospital relied on certifications of
consideration exists in favor of the the Bookkeeper & Administrative Officer
government. in applying portions of the fund for
 Anglo-Fil Trading Co. v. Lazaro – expenses for the government hospital; he
The choice of contractor is a was merely misled by the Certification &
management decision; as long as as Chief, cannot be expected to keep
such contractor chosen meets the looking at the books to check for errors.
standards, & such standards are
reasonable, courts will not UNWARRANTED – lacking adequate official
disturb management decisions. support; not justified; unauthorized
 The ff. acts constitute undue injury –
o Inflating the claimants’ request for MANIFEST PARTIALITY – clear, notorious or
payment of just compensation & plain inclination or predilection to favor one
then divesting a large portion of the side rather than the other
amounts due them, causing undue
injury to both the claimant & GOOD FAITH A VALID DEFENSE IN SEC. 3(E)
government (Mejorada v. SB)  Good faith & lack of malice is a valid
o Using for personal gain & without defense for violating Sec. 3(e), even if it is
authority government property, by malum prohibitum, as one of the elements
taking advantage of official position is evident bad faith
(Amper v. SB)  Bad faith – imputes dishonest purpose or
o Disposing of confiscated lumber same moral obliquity & conscious doing of
without prior authority from DENR a wrong, partaking of the nature of fraud
(Rios v. SB) o An accused is allowed to adduce
evidence to negate bad faith
GROSS NEGLIGENCE o Llorente v. SB – There is no bad faith
 Willful & intentional want of even slight where the public officer refuses to
care, with a conscious indifference to grant an applicant a certificate of
consequences, in a situation where there clearance, if such applicant had not yet
is a duty to act complied with the law’s requirements,
 There is gross negligence when a breach of even if the practice was that clearance
duty is flagrant & palpable was nevertheless approved.
 De la Victoria v. Mongaya – X is only guilty  The basis of administrative liability
of simple negligence, & would thus only be differs from criminal liability, as
administratively liable; in this case, X did the purpose of the administrative
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 19
proceedings is mainly to protect
public service, while the purpose NEGLECT AND DEMAND
of the criminal prosecution is the  Neglect or delay of public function must
punishment of the crime. be accompanied by a demand impliedly or
 HOWEVER, the dismissal of the expressly of any benefit or consideration
administrative case against a for himself or another.
public officer on the same subject  Absent such demand, the officer is only
matter & after examining the same administratively liable.
crucial evidence operates to (g) Entering, on behalf of the ELEMENTS
dismiss the criminal case, as it Government, into any 1. Accused is a public officer
shows that the act from which contract or transaction 2. He entered into a contract or transaction
liability is anchored does not exist. manifestly & grossly in behalf of the government
(f) Neglecting or refusing, HOW COMMITTED disadvantageous to the 3. The contract or transaction is grossly &
after due demand or Dereliction is without justification & MUST be same, whether or not the manifestly disadvantageous to
request, without sufficient for the purpose of – public officer profited or will government
justification, to act within a 1. Obtaining, directly or indirectly, from any profit thereby
reasonable time on any person interested in the matter some Marcos v. SB – The acts in the law are malum
matter pending before him pecuniary or material benefit or advantage prohibitum. It is the commission of the act as
for the purpose of in favor of any interested party; or defined by law, not the character or effect
obtaining, directly or 2. Discriminating against another person or thereof, that determines the violation of it.
indirectly, from any person party
interested in the matter JURISPRUDENTIAL GUIDELINES
some pecuniary or material Coronado v. SB – Must be motivated by any  Public officer must be one who had
benefit or advantage, or for gain or benefit for the public officer; it is not authority to conclude a transaction & bind
the purpose of favoring his enough that an advantage in favor of another the government thereto.
own interest or giving undue party, as against another, would result. o Marcos v. SB – The signatory to the
advantage in favor of or contract must be acting in the
discriminating against any ELEMENTS capacity of a public officer. In the
other interested party 1. The offender is a public officer lease contract between LRTA & PGHFI,
2. The officer neglected or refused to act a private corporation, the public
without sufficient justification after due officer signed in her capacity as
demand or request has been made to him Chairman of PGHFI, not as Human
3. Reasonable time has elapsed from the Settlement Minister or as ex-officio
demand or request without the public Chairman of LRTA. While the public
officer acting on the matter, & officer was the ex-officio Chairman of
4. The failure to act is for the purpose of the LRTA at the time, there is no
obtaining, directly or indirectly, from any evidence that she was present when
person interested in the matter, some the Board of LRTA authorized &
pecuniary or material benefits or approved the lease agreement sued
advantage in favor of an interested party, upon.
or discriminating against another  The contract must be existing, not having
interested party been rescinded, at the time the action is
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 20
instituted in court. (i) Directly or indirectly
 The contract must be grossly & manifestly become interested, for
disadvantageous to the government. personal gain, or having a
o The comparison must not be material interest in any
speculative & must consider all the transaction or act requiring
factors that come into determination the approval of a board,
of a particular contract. panel or group of which he
is a member, & which
(h) Directly or indirectly HOW COMMITTED exercises discretion in such
having financial or pecuniary Violated by any public officer who has direct or approval, even if he votes
interest in any business, indirect financial or pecuniary interest in any against the same or does
contract or transaction in business, contract or transaction: not participate in the action
connection with which he 1. In connection with which he intervenes or of the board, committee,
intervenes or takes part in takes part in his official capacity; or panel or group. Interest for
his official capacity, or in 2. In which he is prohibited by the personal gain shall be
which he is prohibited by Constitution from having any interest; or presumed against those
the Constitution or by any 3. In which he is prohibited by any law from public officers responsible
law from having any interest having any interest, such as the Code of for the approval of
Conduct and Ethical Standards for Public manifestly unlawful,
Officers & Employees inequitable, or irregular
transaction or acts by the
INTERVENTION board, panel or group to
Intervention must be — which they group
1. Actual (j) Knowingly approving or
2. In the official capacity of the public officer granting any license, permit,
privilege, or benefit in favor
Macariola v. Asuncion – A judge had an interest of any person not qualified
in a corporation & was accused of violating Sec. for or not legally entitled to
3(h). But it was shown that the business in such license, permit,
which he participated had no relation or privilege or advantage, or of
connection with his judicial office. Thus, he a mere representative or
could not be liable. dummy of one who is not so
qualified or entitled
Palma Gil v. People – This Section contemplates (k) Divulging valuable
actual intervention in the transaction in which information of a confidential
the accused has financial or pecuniary interest character, acquired by his
in order that liability may attach. In this case, office or by him on account
the mayor was accused of having pecuniary of his official position to
interest because he owns a trucking operating unauthorized persons, or
business. But it was shown by evidence that it releasing such information
was not the mayor’s job to award the contract, in advance of its authorized
but another officer’s. release date
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 21
who, having such interest prior to the approval of such law or resolution authored
SECTION 4: PROHIBITION ON PRIVATE INDIVIDUALS or recommended by him, continues for thirty days after such approval to retain
(a) It shall be unlawful for any person having family or close personal relation with such interest.
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 SECTION 7: STATEMENT OF ASSETS AND LIABILITIES (see R.A. NO. 6713)
or material or pecuniary advantage from any other person having some business,
transaction, application, request or contract with the government, in which such SECTION 8: PROHIBITION ON MEMBERS OF CONGRESS
public official has to intervene. Family relation shall include the spouse or If in accordance with the provisions of R.A. No. 1379, a public official has been
relatives by consanguinity or affinity in the third civil degree. The word “close found to have acquired during his incumbency, whether in his name or in the
personal relation” shall include close personal friendship, social & fraternal name of other persons, an amount of property and/or money manifestly out of
connections, & professional employment all giving rise to intimacy which assures proportion to his salary and to his other lawful income, that fact shall be a ground
free access to such public officer. for dismissal or removal. Properties in the name of the spouse and unmarried
(b) It shall be unlawful for any person knowingly to induce or cause any public children of such public official may be taken into consideration, when their
official to commit any of the offenses defined in Sec. 3 hereof. acquisition through legitimate means cannot be satisfactorily shown. Bank
deposits shall be taken into consideration in the enforcement of this section,
SECTION 5: PROHIBITION ON CERTAIN RELATIVES notwithstanding any provision of law to the contrary.
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- SECTION 9: PENALTIES FOR VIOLATIONS
President of the Philippines, the President of the Senate, or the Speaker of the (a) Any public officer or private person committing any of the unlawful acts or
House of Representatives, to intervene, directly or indirectly, in any business, omissions enumerated in Sections 3, 4, 5 and 6 of this Act shall be punished with
transaction, contract or application with the Government: Provided, That this imprisonment for not less than one year nor more than ten years, perpetual
section shall not apply to any person who, prior to the assumption of office of any disqualification from public office, and confiscation or forfeiture in favor of the
of the above officials to whom he is related, has been already dealing with the Government of any prohibited interest and unexplained wealth manifestly out of
Government along the same line of business, nor to any transaction, contract or proportion to his salary and other lawful income.
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 Any complaining party at whose complaint the criminal prosecution was initiated
discretionary on the part of the official or officials concerned but depends upon shall, in case of conviction of the accused, be entitled to recover in the criminal
compliance with requisites provided by law, or rules or regulations issued action with priority over the forfeiture in favor of the Government, the amount of
pursuant to law, nor to any act lawfully performed in an official capacity or in the money or the thing he may have given to the accused, or the value of such thing.
exercise of a profession. (b) Any public officer violation any of the provisions of Section 7 of this Act shall
be punished by a fine of not less than one hundred pesos nor more than one
SECTION 6: PROHIBITION ON MEMBERS OF CONGRESS thousand pesos, or by imprisonment not exceeding one year, or by both such fine
It shall be unlawful hereafter for any Member of the Congress during the term for and imprisonment, at the discretion of the Court.
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 The violation of said section proven in a proper administrative proceeding shall be
or benefited by any law or resolution authored by him previously approved or sufficient cause for removal or dismissal of a public officer, even if no criminal
adopted by the Congress during the same term. prosecution is instituted against him.

The provision of this section shall apply to any other public officer who UNEXPLAINED WEALTH & THE BANK SECRECY LAW
recommended the initiation in Congress of the enactment or adoption of any law  R.A. 1405, or the Bank Secrecy Law, covers all deposits of whatever nature with
or resolution, and acquires or receives any such interest during his incumbency. banks in the Philippines, including investments in bonds issued by the PH
It shall likewise be unlawful for such member of Congress or other public officer, government, & are considered as of an absolutely confidential nature.
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 22
o Such may not be examined or looked into by any person, government under this Act or under the provisions of the Revised Penal Code on bribery.
official, bureau or office, EXCEPT—
1. Upon written permission of the depositor, or RETIREMENT OR RESIGNATION OF PUBLIC OFFICERS
2. In cases of impeachment, or  Intent of the law – to prevent the act of resignation from being used by a public
3. Upon order of a competent court in cases of bribery or dereliction of official as a protective shield to stop investigations on pending cases against
duty of public officials, or him
4. In cases where the money deposited or invested is the subject matter  If a public official retires or resigns pending administrative or criminal
of the litigation investigation or prosecution, such will not cause the dismissal of proceedings
 Described in Union Bank v. CA as the matter or thing with respect against him.
to which the controversy has arisen, concerning which the wrong  The provision contemplates cases which do not suffer from any insuperable
has been done; this ordinarily is the property or the contract & its legal obstacle like the immunity from suit of a sitting President.
subject matter, or the thing in dispute
 Ejercito v. SB – The inquiry into illegally acquired property in the Anti-Graft Law, PRESIDENTIAL IMMUNITY FROM SUIT
however, is an exception to the Bank Secrecy Law, & officials may look into  Incumbent Presidents are immune from suit or from being brought to court
property that is not legitimately acquired. during the period of their incumbency & tenure, but not beyond.
o Legitimately acquired property shall not include property where the  A President need not have been impeached before he can be prosecuted;
ownership is concealed by its being recorded in the name of, or held by, otherwise, such would be a perpetual bar against his prosecution. Thus,
respondent’s spouse, ascendants, descendants, relatives or any other Estrada, who was never impeached but resigned by himself, can now be
persons. prosecuted since he is no longer President.
o The Anti-Graft Law is NOT restricted to looking into just the property held  The immunity of the President for civil damages covers only “official acts” but
by or in the name of the government official or employee, his spouse or his do not apply for unofficial conduct.
unmarried children.
SECTION 13: SUSPENSION AND LOSS OF BENEFITS
SECTION 10: COMPETENT COURT Any public officer against whom any criminal prosecution under a valid
Until otherwise provided by law, all prosecutions under this Act shall be within information under this Act or under the provisions of the Revised Penal Code on
the original jurisdiction of the proper Regional Trial Court. bribery 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
SECTION 11: PRESCRIPTION OF OFFENSES any law, but if he is acquitted, he shall be entitled to reinstatement and to the
All offenses punishable under this Act shall prescribe in ten (10) years. salaries and benefits which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed against him.
PRESCRIPTIVE PERIOD
 Governed by Act 3326, Sec. 2, as it is a special law. SUSPENSION OF PUBLIC OFFICER
 People v. Pacificador – The period runs from the discovery of the alleged  Suspension pendente lite provided is mandatory but not automatic.
illegality of certain transactions, i.e., after investigations thereon had been  There must first be a hearing for the purpose to determine the validity of the
conducted. information.
 Presidential Ad Hoc Committee on Behest Loans v. Ombudsman – The period  If the information is valid, as upheld in a pre-suspension hearing, then it
also starts to run from date of discovery, & not from the date of commission. becomes mandatory for the court to immediately issue a suspension order.
This rule is specific and categorical. It becomes a ministerial duty of the court.
SECTION 12: TERMINATION OF OFFICE  It is considered a preventive measure & not a penalty.
No public officer shall be allowed to resign or retire pending an investigation,  Pendente lite applies to all persons indicted upon a valid information under the
criminal or administrative, or pending a prosecution against him, for any offense Anti-Graft Law.

Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 23
 Office includes any office that the officer is holding days
 The office in Sec. 13 is not limited to the particular office under which he stands  The power of Congress is a punitive measure
accused  Thus, Congressmen can be suspended under the Anti-Graft Law

ACQUITTAL RELECTED PUBLIC OFFICIAL


 The law requires acquittal for entitlement to salaries and benefits  A reelected public officer is no longer amenable to administrative sanctions for
 Acquittal requires a trial on the merits acts committed during his former tenure
 If the case is dismissed but without an acquittal, there is no entitlement to the  BUT as to criminal prosecutions under the Anti-Graft Law, the same is not
salaries & benefits barred by the reelection of the public officer
 The pendency of the criminal case supplies legal basis for the suspension from
EFFECT OF ACQUITTAL ON PRIVATE PERSONS CHARGED WITH THE PUBLIC office of a reelected public official in a subsequent term
OFFICIAL  BUT, while the pending criminal prosecution under the Anti-Graft Law may be
 The acquittal of the officer removes the critical requisite of a public officer with the basis of his suspension in a subsequent term if he is reelected to the same
whom the private individual allegedly conspired to commit the crime. office, such suspension must be issued anew upon a supplemental order.
 If the public officer is absolved, so is the private individual.  The suspension is mandatory, but not self-operative, and must therefore be
ordered by the court where the criminal case is pending.
PRE-SUSPENSION HEARINGS  Applies even if the official is elected into a different office than that in which he
 There is no hard & fast rule as to the validity of the conduct of suspension is accused under the Anti-Graft Law.
hearings
 Accused should be given a fair & adequate opportunity to challenge the validity SEC. 24, R.A. 6770 & SEC. 13, R.A. 3019, & SEC. 13(3), ART. XI OF THE 1987 CONST.
of criminal proceedings against him, e.g.—  Sec. 13(3), Art. XI of the Constitution gives the Ombudsman the power to
1. That he has not been afforded the right of preliminary investigation recommend the suspension of a public official or employee as a punitive
2. That the acts for which he stands charged do not constitute a violation of measure, or as a penalty in an administrative case (e.g. removal, demotion,
R.A. 3019 or the bribery provisions of the RPC which would warrant his fine, censure).
mandatory suspension o The Ombudsman here conducts an investigation.
3. He may present a motion to quash the information on any grounds  Sec. 24, R.A. 6770, which grants the Ombudsman the power to preventively
provided in Rule 117 of the Rules of Court suspend public officials & employees facing administrative charges before him,
 The accused’s guilt need not be established before the trial on the merits is a procedural & not a penal statute. If exercised pursuant to R.A. 6770, the
proceeds; neither does the law contemplate a proceeding to determine— preventive suspension is not criminal in nature.
1. The strength of the evidence of culpability against him o Full-blown hearing & formal presentation of evidence are not necessary.
2. The gravity of the offense charged, or o However, the Ombudsman may only order a preventive suspension if the
3. Whether or not his continuance in office could influence the witnesses or evidence of guilt is strong and:
pose a threat to the safety & integrity of the records & other evidence 1. The charge against the officer involves dishonest, oppression or grave
before the court misconduct, or neglect in the performance of duty;
 All that is needed is an adequate opportunity to challenge the validity or 2. The charge would warrant the removal from the service; or
regularity of the proceedings against him. 3. The respondent’s continued stay in office may prejudice the case filed
against him.
SUSPENSIONS IN RELATION TO DISCIPLINARY POWER OF CONGRESS  Sec. 13(3), Anti-Graft Law refers to a non-punitive suspension pendente lite, &
 Order of Suspension in Anti-Graft Law is distinct from the power of Congress to is exercised by the Sandiganbayan after the validity of the information against
discipline members of its own ranks under the Constitution the accused has been established.
 The period based on the power of Congress to suspend shall not exceed 60

Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 24
DURATION OF PREVENTIVE SUSPENSION REPUBLIC ACT NO. 1379: FORFEITURE OF PROPERTY FOUND TO HAVE BEEN
 A preventive suspension for an unreasonable length of time raises due process UNLAWFULLY ACQUIRED
questions.
 The Local Government Code provides that preventive suspension shall not
exceed 60 days after the start of the suspension. AN ACT DECLARING FORFEITURE IN FAVOR OF THE STATE ANY PROPERTY FOUND
 Deloso v. SB – a preventive suspension of an elective official under Sec. 13, R.A. TO HAVE BEEN UNLAWFULLY ACQUIRED BY ANY PUBLIC OFFICER OR EMPLOYEE
No. 3019 shall be limited to 90 days. AND PROVIDING FOR THE PROCEEDINGS THEREFOR.
 BUT if there is a purpose behind the preventive suspensions, such as
preventing the abuse of the prerogatives of the office, intimidation of Section 1. Definitions. (a) For the purposes of this Act, a "public officer or
witnesses, etc., the petitioner may still be suspended but for specifically employee" means any person holding any public office or employment by virtue
express reasons & not for automatic suspension under Sec. 13. of an appointment, election or contract, and any person holding any office or
employment, by appointment or contract, in any State owned or controlled
SECTION 14: EXCEPTION corporation or enterprise.
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 (b) "Other legitimately acquired property" means any real or personal property,
usage, shall be excepted from the provisions of this Act. money or securities which the respondent has at any time acquired by inheritance
and the income thereof, or by gift inter vivos before his becoming a public officer
or employee, or any property (or income thereof) already pertaining to him when
he qualified for public office or employment, or the fruits and income of the
exclusive property of the respondent's spouse. It shall not include:

1. Property unlawfully acquired by the respondent, but its ownership is concealed


by its being recorded in the name of, or held by, the respondent's spouse,
ascendants, descendants, relatives, or any other person.

2. Property unlawfully acquired by the respondent, but transferred by him to


another person or persons on or after the effectivity of this Act.

3. Property donated to the respondent during his incumbency, unless he can


prove to the satisfaction of the court that the donation is lawful.

Section 2. Filing of petition. Whenever any public officer or employee has


acquired during his incumbency an amount of property which is manifestly out of
proportion to his salary as such public officer or employee and to his other lawful
income and the income from legitimately acquired property, said property shall
be presumed prima facie to have been unlawfully acquired. The Solicitor General,
upon complaint by any taxpayer to the city or provincial fiscal who shall conduct a
previous inquiry similar to preliminary investigations in criminal cases and shall
certify to the Solicitor General that there is reasonable ground to believe that
there has been committed a violation of this Act and the respondent is probably
guilty thereof, shall file, in the name and on behalf of the Republic of the
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 25
Philippines, in the Court of First Instance of the city or province where said public explain, to the satisfaction of the court, how he has acquired the property in
officer or employee resides or holds office, a petition for a writ commanding said question.
officer or employee to show cause why the property aforesaid, or any part
thereof, should not be declared property of the State: Provided, That no such Section 6. Judgment. If the respondent is unable to show to the satisfaction of the
petition shall be filed within one year before any general election or within three court that he has lawfully acquired the property in question, then the court shall
months before any special election. declare such property, forfeited in favor of the State, and by virtue of such
judgment the property aforesaid shall become property of the State: Provided,
The resignation, dismissal or separation of the officer or employee from his office That no judgment shall be rendered within six months before any general election
or employment in the Government or in the Government-owned or controlled or within three months before any special election. The Court may, in addition,
corporation shall not be a bar to the filing of the petition: Provided, however, That refer this case to the corresponding Executive Department for administrative or
the right to file such petition shall prescribe after four years from the date of the criminal action, or both.
resignation, dismissal or separation or expiration of the term of the office or
employee concerned, except as to those who have ceased to hold office within Section 7. Appeal. The parties may appeal from the judgment of the Court of First
ten years prior to the approval of this Act, in which case the proceedings shall Instance as provided in the Rules of Court for appeals in civil cases.
prescribe after four years from the approval hereof.
Section 8. Protection against self-incrimination. Neither the respondent nor any
Section 3. The petition. The petition shall contain the following information: other person shall be excused from attending and testifying or from producing
books, papers, correspondence, memoranda and other records on the ground
(a) The name and address of the respondent. that the testimony or evidence, documentary or otherwise, required of him may
tend to incriminate him or subject him to prosecution; but no individual shall be
(b) The public officer or employment he holds and such other public offices or prosecuted criminally for or on account of any transaction, matter or thing
employment which he has previously held. concerning which he is compelled, after having claimed his privilege against self-
incrimination, to testify or produce evidence, documentary or otherwise, except
(c) The approximate amount of property he has acquired during his incumbency in that such individual so testifying shall not be exempt from prosecution and
his past and present offices and employments. conviction for perjury or false testimony committed in so testifying or from
administrative proceedings.
(d) A description of said property, or such thereof as has been identified by the
Solicitor General. Section 9. Immunity. The Solicitor General may grant immunity from criminal
prosecution to any person who testifies to the unlawful manner in which the
respondent has acquired any of the property in question in cases where such
(e) The total amount of his government salary and other proper earnings and
testimony is necessary to prove violations of this Act.
incomes from legitimately acquired property, and

Section 10. Effect of record of title. The fact that any real property has been
(f) Such other information as may enable the court to determine whether or not
recorded in the Registry of Property or office of the Register of Deeds in the name
the respondent has unlawfully acquired property during his incumbency.
of the respondent or of any person mentioned in paragraphs (1) and (2) of
subsection (b) of section one hereof shall not prevent the rendering of the
Section 4. Period for the answer. The respondent shall have a period of fifteen
judgment referred to in section six of this Act.
days within which to present his answer.
Section 11. Laws on prescription. The laws concerning acquisitive prescription and
Section 5. Hearing. The Court shall set a date for a hearing, which may be open to
limitation of actions cannot be invoked by, nor shall they benefit the respondent,
the public, and during which the respondent shall be given ample opportunity to
in respect of any property unlawfully acquired by him.
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Section 12. Penalties. Any public officer or employee who shall, after the effective N.B.
date of this Act, transfer or convey any unlawfully acquired property shall be  There is a prima facie presumption that property is unlawfully acquired when
repressed with imprisonment for a term not exceeding five years, or a fine not any public officer or employee acquired during his incumbency an amount of
exceeding ten thousand pesos, or both such imprisonment and fine. The same property which is manifestly out of proportion to his salary as such public
repression shall be imposed upon any person who shall knowingly accept such officer/employee and to his other lawful income
transfer or conveyance.  No judgment shall be rendered within six months before any general election
or within three months before any special election
Section 13. Separability of provisions. If any provision of this Act or the application  SolGen may grant immunity for testimonies needed in the proceeding
thereof to any person or circumstance, is held invalid, the remainder of the Act  Acquisitive prescription and limitation of actions cannot be invoked as they
and the application of such provision to other persons or circumstances shall not may benefit the respondent
be affected thereby.
REPUBLIC ACT NO. 6713: CODE OF CONDUCT AND ETHICAL STANDARDS FOR
Section 14. Effective date. This Act shall take effect on its approval, and shall PUBLIC OFFICIALS AND EMPLOYEES
apply not only to property thereafter unlawfully acquired but also to property
unlawfully acquired before the effective date of this Act. AN ACT ESTABLISHING A CODE OF CONDUCT AND ETHICAL STANDARDS FOR
PUBLIC OFFICIALS AND EMPLOYEES, TO UPHOLD THE TIME-HONORED PRINCIPLE
Approved: June 18, 1955 OF PUBLIC OFFICE BEING A PUBLIC TRUST, GRANTING INCENTIVES AND REWARDS
FOR EXEMPLARY SERVICE, ENUMERATING PROHIBITED ACTS AND TRANSACTIONS
NATURE OF FORFEITURE PROCEEDINGS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER
 Technically a civil proceeding, but in substance and effect, it is a criminal one = PURPOSES (February 20, 1989)
civil proceeding which will follow crim rules
 Does not terminate in the imposition of a penalty but merely in the Be it enacted by the Senate and House of Representatives of the Philippines in
forfeiture of the properties illegally acquired in favor of the State Congress assembled::
 Civil Action Procedure in that there is a petition (Sec. 3), then an answer
(Sec.4), and lastly, a hearing Section 1. Title. - This Act shall be known as the "Code of Conduct and Ethical
 Preliminary investigation (Sec.2) is similar to that in a criminal case  only Standards for Public Officials and Employees."
thing similar to that in a criminal case. THUS, the Act still retains the nature
of a civil proceeding Section 2. Declaration of Policies. - It is the policy of the State to promote a high
 Refers to purely procedural aspect of the proceeding and has no bearing standard of ethics in public service. Public officials and employees shall at all
on the substantial rights of the respondents – particularly their right times be accountable to the people and shall discharge their duties with utmost
against self-incrimination responsibility, integrity, competence, and loyalty, act with patriotism and justice,
 Proceedings for forfeiture of property are deemed criminal or penal and thus, lead modest lives, and uphold public interest over personal interest.
the exemption of defendants thereto from the obligation to be witnesses
against themselves is applicable = subject to right against self-incrimination Section 3. Definition of Terms. - As used in this Act, the term:
 The law penalizes an officer for transferring or conveying properties unlawfully
acquired, but does not do so for making the unlawful acquisition; it merely (a) "Government" includes the National Government, the local
imposes the penalty for forfeiture of the properties unlawfully acquired = governments, and all other instrumentalities, agencies or branches of the
point/purpose of forfeiture is to get back what was unlawfully obtained Republic of the Philippines including government-owned or controlled
 Under the Constitution, the right of the State to recover ill-gotten wealth does corporations, and their subsidiaries.lawphi1.net
not prescribe
(b) "Public Officials" includes elective and appointive officials and
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employees, permanent or temporary, whether in the career or non- of his right or title to it in favor of a person or persons other than his
career service, including military and police personnel, whether or not spouse and relatives as defined in this Act.
they receive compensation, regardless of amount.
(k) "Relatives" refers to any and all persons related to a public official or
(c) "Gift" refers to a thing or a right to dispose of gratuitously, or any act employee within the fourth civil degree of consanguinity or affinity,
or liberality, in favor of another who accepts it, and shall include a including bilas, inso and balae.
simulated sale or an ostensibly onerous disposition thereof. It shall not
include an unsolicited gift of nominal or insignificant value not given in Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public
anticipation of, or in exchange for, a favor from a public official or official and employee shall observe the following as standards of personal
employee. conduct in the discharge and execution of official duties:

(d) "Receiving any gift" includes the act of accepting directly or indirectly, (a) Commitment to public interest. - Public officials and employees shall
a gift from a person other than a member of his family or relative as always uphold the public interest over and above personal interest. All
defined in this Act, even on the occasion of a family celebration or government resources and powers of their respective offices must be
national festivity like Christmas, if the value of the gift is neither nominal employed and used efficiently, effectively, honestly and economically,
nor insignificant, or the gift is given in anticipation of, or in exchange for, particularly to avoid wastage in public funds and revenues.
a favor.
(b) Professionalism. - Public officials and employees shall perform and
(e) "Loan" covers both simple loan and commodatum as well as discharge their duties with the highest degree of excellence,
guarantees, financing arrangements or accommodations intended to professionalism, intelligence and skill. They shall enter public service with
ensure its approval. utmost devotion and dedication to duty. They shall endeavor to
discourage wrong perceptions of their roles as dispensers or peddlers of
(f) "Substantial stockholder" means any person who owns, directly or undue patronage.
indirectly, shares of stock sufficient to elect a director of a corporation.
This term shall also apply to the parties to a voting trust. (c) Justness and sincerity. - Public officials and employees shall remain
true to the people at all times. They must act with justness and sincerity
(g) "Family of public officials or employees" means their spouses and and shall not discriminate against anyone, especially the poor and the
unmarried children under eighteen (18) years of age. underprivileged. They shall at all times respect the rights of others, and
shall refrain from doing acts contrary to law, good morals, good customs,
(h) "Person" includes natural and juridical persons unless the context public policy, public order, public safety and public interest. They shall
indicates otherwise. not dispense or extend undue favors on account of their office to their
relatives whether by consanguinity or affinity except with respect to
(i) "Conflict of interest" arises when a public official or employee is a appointments of such relatives to positions considered strictly
member of a board, an officer, or a substantial stockholder of a private confidential or as members of their personal staff whose terms are
corporation or owner or has a substantial interest in a business, and the coterminous with theirs.
interest of such corporation or business, or his rights or duties therein,
may be opposed to or affected by the faithful performance of official (d) Political neutrality. - Public officials and employees shall provide
duty. service to everyone without unfair discrimination and regardless of party
affiliation or preference.
(j) "Divestment" is the transfer of title or disposal of interest in property
by voluntarily, completely and actually depriving or dispossessing oneself (e) Responsiveness to the public. - Public officials and employees shall
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extend prompt, courteous, and adequate service to the public. Unless thereof, respond to letters, telegrams or other means of
otherwise provided by law or when required by the public interest, public communications sent by the public. The reply must contain the
officials and employees shall provide information of their policies and action taken on the request.
procedures in clear and understandable language, ensure openness of
information, public consultations and hearings whenever appropriate, (b) Submit annual performance reports. - All heads or other
encourage suggestions, simplify and systematize policy, rules and responsible officers of offices and agencies of the government
procedures, avoid red tape and develop an understanding and and of government-owned or controlled corporations shall,
appreciation of the socio-economic conditions prevailing in the country, within forty-five (45) working days from the end of the year,
especially in the depressed rural and urban areas. render a performance report of the agency or office or
corporation concerned. Such report shall be open and available
(f) Nationalism and patriotism. - Public officials and employees shall at all to the public within regular office hours.
times be loyal to the Republic and to the Filipino people, promote the
use of locally produced goods, resources and technology and encourage (c) Process documents and papers expeditiously. - All official
appreciation and pride of country and people. They shall endeavor to papers and documents must be processed and completed within
maintain and defend Philippine sovereignty against foreign intrusion. a reasonable time from the preparation thereof and must
contain, as far as practicable, not more than three (3) signatories
(g) Commitment to democracy. - Public officials and employees shall therein. In the absence of duly authorized signatories, the
commit themselves to the democratic way of life and values, maintain official next-in-rank or officer in charge shall sign for and in their
the principle of public accountability, and manifest by deeds the behalf.
supremacy of civilian authority over the military. They shall at all times
uphold the Constitution and put loyalty to country above loyalty to (d) Act immediately on the public's personal transactions. - All
persons or party. public officials and employees must attend to anyone who
wants to avail himself of the services of their offices and must,
at all times, act promptly and expeditiously.
(h) Simple living. - Public officials and employees and their families shall
lead modest lives appropriate to their positions and income. They shall
(e) Make documents accessible to the public. - All public
not indulge in extravagant or ostentatious display of wealth in any form.
documents must be made accessible to, and readily available for
inspection by, the public within reasonable working hours.
(B) The Civil Service Commission shall adopt positive measures to promote (1)
observance of these standards including the dissemination of information
Section 6. System of Incentives and Rewards. - A system of annual incentives and
programs and workshops authorizing merit increases beyond regular progression
rewards is hereby established in order to motivate and inspire public servants to
steps, to a limited number of employees recognized by their office colleagues to uphold the highest standards of ethics. For this purpose, a Committee on Awards
be outstanding in their observance of ethical standards; and (2) continuing
to Outstanding Public Officials and Employees is hereby created composed of the
research and experimentation on measures which provide positive motivation to
following: the Ombudsman and Chairman of the Civil Service Commission as Co-
public officials and employees in raising the general level of observance of these
Chairmen, and the Chairman of the Commission on Audit, and two government
standards.
employees to be appointed by the President, as members.
Section 5. Duties of Public Officials and Employees. - In the performance of their
It shall be the task of this Committee to conduct a periodic, continuing review of
duties, all public officials and employees are under obligation to:
the performance of public officials and employees, in all the branches and
agencies of Government and establish a system of annual incentives and rewards
(a) Act promptly on letters and requests. - All public officials and
to the end that due recognition is given to public officials and employees of
employees shall, within fifteen (15) working days from receipt
outstanding merit on the basis of the standards set forth in this Act.
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 29
resignation, retirement, or separation from public office, except in the case of
The conferment of awards shall take into account, among other things, the subparagraph (b) (2) above, but the professional concerned cannot practice his
following: the years of service and the quality and consistency of performance, profession in connection with any matter before the office he used to be with, in
the obscurity of the position, the level of salary, the unique and exemplary quality which case the one-year prohibition shall likewise apply.
of a certain achievement, and the risks or temptations inherent in the work.
Incentives and rewards to government officials and employees of the year to be (c) Disclosure and/or misuse of confidential information. - Public officials and
announced in public ceremonies honoring them may take the form of bonuses, employees shall not use or divulge, confidential or classified information officially
citations, directorships in government-owned or controlled corporations, local known to them by reason of their office and not made available to the public,
and foreign scholarship grants, paid vacations and the like. They shall likewise be either:
automatically promoted to the next higher position with the commensurate (1) To further their private interests, or give undue advantage to anyone;
salary suitable to their qualifications. In case there is no next higher position or it or
is not vacant, said position shall be included in the budget of the office in the next
General Appropriations Act. The Committee on Awards shall adopt its own rules (2) To prejudice the public interest.
to govern the conduct of its activities.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment,
public officials and employees now prescribed in the Constitution and existing loan or anything of monetary value from any person in the course of their official
laws, the following shall constitute prohibited acts and transactions of any public duties or in connection with any operation being regulated by, or any transaction
official and employee and are hereby declared to be unlawful: which may be affected by the functions of their office.

(a) Financial and material interest. - Public officials and employees shall As to gifts or grants from foreign governments, the Congress consents to:
not, directly or indirectly, have any financial or material interest in any (i) The acceptance and retention by a public official or employee of a gift
transaction requiring the approval of their office. of nominal value tendered and received as a souvenir or mark of
courtesy;
(b) Outside employment and other activities related thereto. - Public
officials and employees during their incumbency shall not: (ii) The acceptance by a public official or employee of a gift in the nature
of a scholarship or fellowship grant or medical treatment; or
(1) Own, control, manage or accept employment as officer,
employee, consultant, counsel, broker, agent, trustee or (iii) The acceptance by a public official or employee of travel grants or
nominee in any private enterprise regulated, supervised or expenses for travel taking place entirely outside the Philippine (such as
licensed by their office unless expressly allowed by law; allowances, transportation, food, and lodging) of more than nominal
value if such acceptance is appropriate or consistent with the interests of
(2) Engage in the private practice of their profession unless the Philippines, and permitted by the head of office, branch or agency to
authorized by the Constitution or law, provided, that such which he belongs.
practice will not conflict or tend to conflict with their official
functions; or The Ombudsman shall prescribe such regulations as may be necessary to carry out
the purpose of this subsection, including pertinent reporting and disclosure
(3) Recommend any person to any position in a private requirements.
enterprise which has a regular or pending official transaction
with their office. Nothing in this Act shall be construed to restrict or prohibit any educational,
scientific or cultural exchange programs subject to national security requirements.
These prohibitions shall continue to apply for a period of one (1) year after Section 8. Statements and Disclosure. - Public officials and employees have an
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 30
obligation to accomplish and submit declarations under oath of, and the public
has the right to know, their assets, liabilities, net worth and financial and business (1) Constitutional and national elective officials, with the national office
interests including those of their spouses and of unmarried children under of the Ombudsman;
eighteen (18) years of age living in their households.
(2) Senators and Congressmen, with the Secretaries of the Senate and the
(A) Statements of Assets and Liabilities and Financial Disclosure. - All public House of Representatives, respectively; Justices, with the Clerk of Court
officials and employees, except those who serve in an honorary capacity, laborers of the Supreme Court; Judges, with the Court Administrator; and all
and casual or temporary workers, shall file under oath their Statement of Assets, national executive officials with the Office of the President.
Liabilities and Net Worth and a Disclosure of Business Interests and Financial
Connections and those of their spouses and unmarried children under eighteen (3) Regional and local officials and employees, with the Deputy
(18) years of age living in their households. Ombudsman in their respective regions;

The two documents shall contain information on the following: (4) Officers of the armed forces from the rank of colonel or naval captain,
(a) real property, its improvements, acquisition costs, assessed with the Office of the President, and those below said ranks, with the
value and current fair market value; Deputy Ombudsman in their respective regions; and
(b) personal property and acquisition cost;
(c) all other assets such as investments, cash on hand or in (5) All other public officials and employees, defined in Republic Act No.
banks, stocks, bonds, and the like; 3019, as amended, with the Civil Service Commission.
(d) Liabilities
(e) all business interests and financial connections. (B) Identification and disclosure of relatives. - It shall be the duty of every public
official or employee to identify and disclose, to the best of his knowledge and
The documents must be filed: information, his relatives in the Government in the form, manner and frequency
(a) within thirty (30) days after assumption of office; prescribed by the Civil Service Commission.

(b) on or before April 30, of every year thereafter; and (C) Accessibility of documents. –

(c) within thirty (30) days after separation from the service. (1) Any and all statements filed under this Act, shall be made available
for inspection at reasonable hours.
All public officials and employees required under this section to file the (2) Such statements shall be made available for copying or reproduction
aforestated documents shall also execute, within thirty (30) days from the date of after ten (10) working days from the time they are filed as required by
their assumption of office, the necessary authority in favor of the Ombudsman to law.
obtain from all appropriate government agencies, including the Bureau of Internal (3) Any person requesting a copy of a statement shall be required to pay
Revenue, such documents as may show their assets, liabilities, net worth, and a reasonable fee to cover the cost of reproduction and mailing of such
also their business interests and financial connections in previous years, including, statement, as well as the cost of certification.
if possible, the year when they first assumed any office in the Government. (4) Any statement filed under this Act shall be available to the public for
a period of ten (10) years after receipt of the statement. After such
Husband and wife who are both public officials or employees may file the period, the statement may be destroyed unless needed in an ongoing
required statements jointly or separately. investigation.

(D) Prohibited acts. - It shall be unlawful for any person to obtain or use any
The Statements of Assets, Liabilities and Net Worth and the Disclosure of Business statement filed under this Act for:
Interests and Financial Connections shall be filed by:
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(a) any purpose contrary to morals or public policy; or punished with a fine not exceeding the equivalent of six (6) months' salary or
suspension not exceeding one (1) year, or removal depending on the gravity of
(b) any commercial purpose other than by news and communications the offense after due notice and hearing by the appropriate body or agency. If the
media for dissemination to the general public. violation is punishable by a heavier penalty under another law, he shall be
prosecuted under the latter statute. Violations of Sections 7, 8 or 9 of this Act
Section 9. Divestment. - A public official or employee shall avoid conflicts of shall be punishable with imprisonment not exceeding five (5) years, or a fine not
interest at all times. When a conflict of interest arises, he shall resign from his exceeding five thousand pesos (P5,000), or both, and, in the discretion of the
position in any private business enterprise within thirty (30) days from his court of competent jurisdiction, disqualification to hold public office.
assumption of office and/or divest himself of his shareholdings or interest within (b) Any violation hereof proven in a proper administrative proceeding shall be
sixty (60) days from such assumption. sufficient cause for removal or dismissal of a public official or employee, even if
no criminal prosecution is instituted against him.
The same rule shall apply where the public official or employee is a partner in a
partnership. (c) Private individuals who participate in conspiracy as co-principals, accomplices
or accessories, with public officials or employees, in violation of this Act, shall be
The requirement of divestment shall not apply to those who serve the subject to the same penal liabilities as the public officials or employees and shall
Government in an honorary capacity nor to laborers and casual or temporary be tried jointly with them
workers.
(d) The official or employee concerned may bring an action against any person
Section 10. Review and Compliance Procedure. - (a) The designated Committees of who obtains or uses a report for any purpose prohibited by Section 8 (D) of this
both Houses of the Congress shall establish procedures for the review of Act. The Court in which such action is brought may assess against such person a
statements to determine whether said statements which have been submitted on penalty in any amount not to exceed twenty-five thousand pesos (P25,000). If
time, are complete, and are in proper form. In the event a determination is made another sanction hereunder or under any other law is heavier, the latter shall
that a statement is not so filed, the appropriate Committee shall so inform the apply.
reporting individual and direct him to take the necessary corrective action.
(b) In order to carry out their responsibilities under this Act, the designated Section 12. Promulgation of Rules and Regulations, Administration and
Committees of both Houses of Congress shall have the power within their Enforcement of this Act. - The Civil Service Commission shall have the primary
respective jurisdictions, to render any opinion interpreting this Act, in writing, to responsibility for the administration and enforcement of this Act. It shall transmit
persons covered by this Act, subject in each instance to the approval by all cases for prosecution arising from violations of this Act to the proper
affirmative vote of the majority of the particular House concerned. authorities for appropriate action: Provided, however, That it may institute such
administrative actions and disciplinary measures as may be warranted in
The individual to whom an opinion is rendered, and any other individual involved accordance with law. Nothing in this provision shall be construed as a deprivation
in a similar factual situation, and who, after issuance of the opinion acts in good of the right of each House of Congress to discipline its Members for disorderly
faith in accordance with it shall not be subject to any sanction provided in this behavior.
Act.
The Civil Service Commission is hereby authorized to promulgate rules and
(c) The heads of other offices shall perform the duties stated in subsections (a) regulations necessary to carry out the provisions of this Act, including guidelines
and (b) hereof insofar as their respective offices are concerned, subject to the for individuals who render free voluntary service to the Government. The
approval of the Secretary of Justice, in the case of the Executive Department and Ombudsman shall likewise take steps to protect citizens who denounce acts or
the Chief Justice of the Supreme Court, in the case of the Judicial Department. omissions of public officials and employees which are in violation of this Act.
Section 11. Penalties. - (a) Any public official or employee, regardless of whether Sec 16. Effectivity – This Act shall take effect 30 days following the completion of
or not he holds office or employment in a casual, temporary, holdover, its publication in the OG or in two national newspapers of general circulation.
permanent or regular capacity, committing any violation of this Act shall be
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 32
Approved: February 20,1989
SALN IN SECTION 7 AMENDED BY SECTION 8 OF RA 6713 Penal Provisions of R.A. 9184
 Section 8 of RA 6713 amended section 7 of RA 3019 wherein the SALN should
now be filed on three occasions: Section 65. Offenses and Penalties. - (a) Without prejudice to the provisions of
o Within 30 days after assumption of office Republic Act No. 3019, otherwise known as the "Anti-Graft and Corrupt Practice
o On of before April 30 of every year thereafter; and Act" and other penal laws, public officers who commit any of the following acts
o Within 30 days after separation from the service shall suffer the penalty of imprisonment of not less than six (6) years and one (1)
 Additional data that shold be declared: day, but not more than fifteen (15) years:
o Real property, its improvements, acquisition costs, assessed value
and current fair market valur 1. Open any sealed Bid including but not limited to Bids that may have
o Personal property and acquisition cost been submitted through the electronic system and any and all
o All other assets such as investments, cash on hand or in banks, documents required to be sealed or divulging their contents, prior to the
stocks, bonds, and the like; appointed time for the public opening of Bids or other documents.
o Liabilities; and
o All business interests and financial connections. 2. Delaying, without justifiable cause, the screening for eligibility,
opening of bids, evaluation and post evaluation of bids, and awarding of
CONSTITUTIONALITY OF THE REQUIREMENTS OF SALN contracts beyond the prescribed periods of Bids or other documents.
 The requirement of filing SALN is not violative of due process as an oppressive
exercise of police power. It is reasonable for the state to enact a statute under 3. Unduly influencing or exerting undue pressure on any member of the
the police power to promote morality in public service. BAC or any officer or employee of the procuring entity to take a
 The objective of the law is to temper or regulate the harsh realities of public particular bidder.
service with its ever present temptation to heed and call of greed and avarice.
 Neither is the requirement an unlawful invasion of constitutional right of 4. Splitting of contracts which exceed procedural purchase limits and
PRIVACY. The information sought in the law is not purely private in nature competitive bidding.
following the principle that a public office is a public trust.
 SALN is not covered by the prohibition of unreasonable searches and seizures. 5. When the head of the agency abuses the exercise of his power to
 The constitutional prohibition against self incrimination seeks to prevent reject any and all bids as mentioned under Section 41 of this Act with
compulsory disclosure of incriminating facts only if there already exists an actual manifest preference to any bidder who is closely related to him in
case, criminal, civil or administrative. accordance with Section 47 of this Act.

PENALTIES (SEC 11) When any of the foregoing acts is done in collusion with private
 Any violation proven in a proper administrative proceeding shall be sufficient individuals, the private individuals shall likewise be liable for the offense.
cause for dismissal of a public official or employee, even if no criminal
prosecution is instituted against him. (Sec 11 (b)) In addition, the public officer involved shall also suffer the penalty of
 Rabe v. Flores – While the employee may not be compelled to divest herself of temporary disqualification from public office, while the private individual shall be
her business interest, she had the legal obligation of divulging it. permanently disqualified from transacting business with the government.

N.B. (b) Private individuals who commit any of the following acts, including
any public officer, who conspires with them, shall suffer the penalty of
 Qualification of a nominal gift depends on the Ombudsman
imprisonment of not less than six (6) years and one (1) day but not more than
fifteen (15) years:
REPUBLIC ACT NO. 9184: GOVERNMENT PROCUREMENT REFORM ACT OF 2002

Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 33
1. When two or more bidders agree and submit different Bids as if they bidding.
were bona fide, when they knew that one or more of them was so much
higher than the other that it could not be honestly accepted and that the 4. Withdraw a Bid, after it shall have qualified as the Lowest Calculated
contract will surely be awarded to the pre-arranged lowest Bid. Bid/Highest Rated Bid, or to accept and award, without just cause or for
the purpose of forcing the Procuring Entity to award the contract to
2. When a bidder maliciously submits different Bids through two or more another bidder. This shall include the non-submission of requirements
persons, corporations, partnerships or any other business entity in which such as, but not limited to, performance security, preparatory to the final
he has interest of create the appearance of competition that does not in award of the contract.
fact exist so as to be adjudged as the winning bidder.
(d) When the bidder is a juridical entity, criminal liability and the
3. When two or more bidders enter into an agreement which call upon accessory penalties shall be imposed on its directors, officers or employees who
one to refrain from bidding for Procurement contracts, or which call for actually commit any of the foregoing acts.
withdrawal of bids already submitted, or which are otherwise intended
to secure as undue advantage to any one of them. N.B.:
RA 9184 is the new law on public bidding and its governing principles are to be
4. When a bidder, by himself or in connivance with others, employ applied to all branches, instrumentalities in the government. The principles are:
schemes which tend to restrain the natural rivalry of the parties or
operates to stifle or suppress competition and thus produce a result 1. TRANSPARENCY in the procurement process and implementation of
disadvantageous to the public. procurement contracts
2. COMPETITIVENESS by extending equal opportunity to enable private
In addition, the persons involved shall also suffer the penalty of contracting parties who are eligible and qualified to participate in public
temporary or perpetual disqualification from public office and be bidding
permanently disqualified from transacting business with the 3. STREAMLINED PROCUREMENT PROCESS that will uniformly apply to all
government. government procurement – one that is simple and made adaptable to
advances in modern technology, ensuring an effective and efficient
(c) Private individuals who commit any of the following acts, and any method (dami pong sinabi)
public officer conspiring with them, shall suffer the penalty of imprisonment of 4. SYSTEM OF ACCOUNTABILITY where both public officials directly or
not less than six (6) years and one (1) day but more than fifteen (15) years: indirectly involved in the procurement process, as well as in the
implementation of procurement contracts and private parties that deal
1. Submit eligibility requirements of whatever kind and nature that with government are, when warranted by circumstances, investigated and
contain false information or falsified documents calculated to influence held liable for their actions relative thereto; and,
the outcome of the eligibility screening process or conceal such 5. PUBLIC MONITORING OF THE PROCUREMENT PROCESS and the
information in the eligibility requirements when the information will lead implementation of awarded contracts with the end in view of guaranteeing
to a declaration of ineligibility from participating in public bidding. that these contracts are awarded pursuant to the provisions of the public
bidding law and its implementing rules and regulations, and that all these
2. Submit Bidding Documents of whatever kind and nature than contain contracts are performed strictly according to specifications.
false information or falsified documents or conceal such information in
the Bidding Documents, in order to influence the outcome of the public The law shall cover to the procurement of government infrastructure projects,
bidding. goods and consulting services, regardless of source of funds for all its agencies,
branches and instrumentalities.
3. Participate in a public bidding using the name of another or allow
another to use one's name for the purpose of participating in a public ACTS PENALIZED UNDER THE NEW LAW ON PUBLIC BIDDING
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 34
 Without prejudice to the provisions of R.A. 3019 or the Anti-Graft Law, the to use one’s name for the purpose of participating in a public bidding; and
following are the prohibited acts under R.A. 9184: 8. Withdrawing a bid after it shall have qualified as the Lowest Calculated
Bid/Highest Rated Bid or refusing to accept the award without just cause or for
1. Opening any sealed bid and any and all documents required to be sealed, or the purpose of forcing the agency to award the contract to another bidder. This
divulging their contents prior to the appointed time for the public opening of shall include non-submission within the prescribed time or delaying the
bids and other documents; submission of requirements preparatory to the final award of contract.
2. Delaying, without justifiable cause, the screening for eligibility, opening of bids,
evaluation and post evaluation of bids, and awarding of contracts beyond the  When the bidder is a juridical entity, criminal liability and the accessory
prescribed periods of action provided for in the implementing rules and penalties shall be imposed on its directors, officers or employees who actually
regulations; committed the prohibited act.
3. Unduly influencing or exerting undue pressure on any member of the Bids and  It should at once be noted that the criminal acts listed in the law do not include
Awards Committee (BAC) or any officer or employee of the procuring entity to the deliberate act of not conducting public bidding at all. The acts penalized are
take a particular action which favors or tend to favor a particular bidder; mostly those incurred in the course of or during the public bidding itself.
4. Splitting of contracts which exceed procedural purchase limits and competitive
bidding; and ILLUSTRATIVE CASES:
5. Abusing by the head of agency the exercise of his power to reject any and all
bids with manifest preference to any bidder who is closely related to him. Oani v. People citing Danville Maritime Inc. v. COA
 By its very nature and characteristic, a competitive public bidding aims to
which shall merit imprisonment of not less than six (6) years and one (1) protect the public interest by giving the public the best possible advantages
day but not more than fifteen (15) years and shall be meted to private persons through open competition. Another self-evident purpose of public bidding is to
colluding with the public officer. In addition, the latter shall suffer temporary avoid or preclude suspicion or favoritism and anomalies in the execution of
disqualification from office while the former shall be permanently barred from public contracts.
transacting with the government.  In public bidding of government contracts, the award is generally given to the
lowest bidder, while in public bidding for disposition of government assets, the
 Private persons and public officers conniving with them shall suffer the same award is usually given to the highest bidder.
penalty for the following acts:  In a public bidding, there must be competition that is legitimate, fair and
1. Two or more bidders agreeing and submitting different bids such that the honest.
contract will surely be awarded to the pre-arranged lowest bidder;  Thus, the (3) principles of public bidding are:
2. A bidder submitting more than one bid through different persons or entities to 1. The offer to the public;
create the appearance of competition; 2. An opportunity for competition;
3. Agreeing to refrain from bidding or to withdraw bids already submitted or 3. A basis for exact comparison of bids.
which are otherwise intended to secure an advantage to anyone of them.
4. Employing schemes tending to restrain the natural rivalry of the parties or  A contract granted without the competitive bidding required by law is void, and
operating to stifle or suppress competition; the party to whom it is awarded cannot benefit from it.
5. Submitting eligibility requirements containing false information or false
documents to influence the outcome of the eligibility screening process or Information Technology Foundation of the Philippines v. COMELEC
concealing such information which shall result to declaration of ineligibility  For the automation of the counting and canvassing of ballots in the 2004
from participating in the bidding; elections, COMELEC awarded the contract to an entity that had not
6. Submitting bidding documents containing false information or falsified participated in the bidding. Also, the poll body signed the actual automation
documents or concealing such information in the bidding documents, in order contract with another company that joined the bidding but had not met the
to influence the outcome of the public bidding; eligibility requirements. Since COMELEC awarded the undertaking without
7. Participating in a public bidding using the name of another or allowing another adequately checking and observing mandatory financial, technical and legal
Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 35
requirements, thus violating the laws on public bidding, the Court had to
declare said contracts as void.
 Strict application of pertinent rules for public bidding is for the purpose
of placing each bidder, actual or potential, on the same footing. The essence of
public bidding is, after all, an opportunity for fair competition, and a fair basis
for the precise comparison of bids. In common parlance, public bidding aims to
"level the playing field."

Agunoy, Andal, Cervero, Descallar, Gaw, Gruta, Ignacio, Odulio | 2C 2018 | Special Penal Laws| Atty. Chua 36

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