REPUBLIC ACT No.
3019 (d) Accepting or having any member of his family
ANTI-GRAFT AND CORRUPT PRACTICES ACT
Section 1. Statement of policy. It is the policy of the
Philippine Government, in line with the principle that a
public office is a public trust, to repress certain acts of
public officers and private persons alike which constitute
graft or corrupt practices or which may lead thereto.
Section 2. Definition of terms. As used in this Act, that term
(a) "Government" includes the national
government, the local governments, the
government-owned and government-controlled
corporations, and all other instrumentalities or
agencies of the Republic of the Philippines and
their branches.
(b) "Public officer" includes elective and
appointive officials and employees, permanent or
temporary, whether in the classified or
unclassified or exempt service receiving
compensation, even nominal, from the
government as defined in the preceding
subparagraph.
(c) "Receiving any gift" includes the act of
accepting directly or indirectly a gift from a
person other than a member of the public officer's
immediate family, in behalf of himself or of any
member of his family or relative within the fourth
civil degree, either by consanguinity or affinity,
even on the occasion of a family celebration or
national festivity like Christmas, if the value of the
gift is under the circumstances manifestly
excessive.
(d) "Person" includes natural and juridical
persons, unless the context indicates otherwise.
Section 3. Corrupt practices of public officers. In addition to
acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt
practices of any public officer and are hereby declared to
be unlawful:
(a) Persuading, inducing or influencing another
public officer to perform an act constituting a
violation of rules and regulations duly
promulgated by competent authority or an offense
in connection with the official duties of the latter,
or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving
any gift, present, share, percentage, or benefit, for
himself or for any other person, in connection
with any contract or transaction between the
Government and any other part, wherein the
public officer in his official capacity has to
intervene under the law.
(c) Directly or indirectly requesting or receiving
any gift, present or other pecuniary or material
benefit, for himself or for another, from any
person 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
consideration for the help given or to be given,
without prejudice to Section thirteen of this Act.
accept employment in a private enterprise which
has pending official business with him during the
pendency thereof or within one year after its
termination.
(e) Causing any undue injury to any party,
including the Government, or giving any private
party any unwarranted benefits, advantage or
preference in the discharge of his official
administrative or judicial functions through
manifest partiality, evident bad faith or gross
inexcusable negligence. This provision shall apply
to officers and employees of offices or government
corporations charged with the grant of licenses or
permits or other concessions.
(f) Neglecting or refusing, after due demand or
request, without sufficient justification, to act
within a reasonable time on any matter pending
before him for the purpose of obtaining, directly
or indirectly, from any person interested in the
matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own
interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into
any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the
public officer profited or will profit thereby.
(h) Director or indirectly having financing or
pecuniary interest in any business, contract or
transaction in connection with which he
intervenes or takes part in his official capacity, or
in which he is prohibited by the Constitution or by
any law from having any interest.
(i) Directly or indirectly becoming interested, for
personal gain, or having a material interest in any
transaction or act requiring the approval of a
board, panel or group of which he is a member,
and which exercises 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.
Interest for personal gain shall be presumed
against those public officers responsible for the
approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel or
group to which they belong.
(j) Knowingly approving or granting any license,
permit, privilege or benefit in favor of any person
not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a
mere representative or dummy of one who is not
so qualified or entitled.
(k) Divulging valuable information of a
confidential character, acquired by his office or by
him on account of his official position to
unauthorized persons, or releasing such
information in advance of its authorized release
date.
The person giving the gift, present, share, percentage or
benefit referred to in subparagraphs (b) and (c); or
offering or giving to the public officer the employment
mentioned in subparagraph (d); or urging the divulging or
untimely release of the confidential information referred
to in subparagraph (k) of this section shall, together with
the offending public officer, be punished under Section
nine of this Act and shall be permanently or temporarily
disqualified in the discretion of the Court, from transacting
business in any form with the Government.
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 exploit or
take advantage of such family or close personal relation by
directly or indirectly requesting or receiving any present,
gift or material or pecuniary advantage from any other
person having some business, transaction, application,
request or contract with the government, in which such
public official has to intervene. Family relation shall
include the spouse or relatives by consanguinity or affinity
in the third civil degree. The word "close personal relation"
shall include close personal friendship, social and fraternal
connections, and professional employment all giving rise
to intimacy which assures free access to such public
officer.
(b) It shall be unlawful for any person knowingly
to induce or cause any public official to commit
any of the offenses defined in Section 3 hereof.
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 President of the Philippines, the Vice-President of the
Philippines, the President of the Senate, or the Speaker of
the House of Representatives, to intervene, directly or
indirectly, in any business, transaction, contract or
application with the Government: Provided, That this
section shall not apply to any person who, prior to the
assumption of office of any of the above officials to whom
he is related, has been already dealing with the
Government along the same line of business, nor to any
transaction, contract or 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
discretionary on the part of the official or officials
concerned but depends upon compliance with requisites
provided by law, or rules or regulations issued pursuant to
law, nor to any act lawfully performed in an official
capacity or in the exercise of a profession.
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 acquire or
receive any personal pecuniary interest in any specific
business enterprise which will be directly and particularly
favored or benefited by any law or resolution authored by
him previously approved or adopted by the Congress
during the same term.
The provision of this section shall apply to any other public
officer who recommended the initiation in Congress of the
enactment or adoption of any law or resolution, and
acquires or receives any such interest during his
incumbency.
It shall likewise be unlawful for such member of Congress
or other public officer, who, having such interest prior to
the approval of such law or resolution authored or
recommended by him, continues for thirty days after such
approval to retain such interest.
Section 7. Statement of assets and liabilities. Every public
officer, within thirty days after the approval of this Act or
after assuming office, and within the month of January of
every other year thereafter, as well as upon the expiration
of his 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 Head
of Department or chief of an independent office, with the
Office of the President, or in the case of members of the
Congress and the officials and 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 of the amounts and sources of his
income, the amounts of his personal and family expenses
and the amount of income taxes paid for the next
preceding calendar 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 January.
Section 8. Dismissal due to unexplained wealth. If in
accordance with the provisions of Republic Act Numbered
One thousand three hundred seventy-nine, a public official
has been found to have acquired during his incumbency,
whether in his name or in the name of other persons, an
amount of property and/or money manifestly out of
proportion to his salary and to his other lawful income,
that fact shall be a ground for dismissal or removal.
Properties in the name of the spouse and unmarried
children of such public official may be taken into
consideration, when their acquisition through legitimate
means cannot be satisfactorily shown. Bank deposits shall
be taken into consideration in the enforcement of this
section, notwithstanding any provision of law to the
contrary.
Section 9. Penalties for violations. (a) Any public officer or
private person committing any of the unlawful acts or
omissions enumerated in Sections 3, 4, 5 and 6 of this Act
shall be punished with imprisonment for not less than one
year nor more than ten years, perpetual disqualification
from public office, and confiscation or forfeiture in favor of
the Government of any prohibited interest and
unexplained wealth manifestly out of proportion to his
salary and other lawful income.
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 action with
priority over the forfeiture in favor of the Government, the
amount of money or the thing he may have given to the
accused, or the value of such thing.
(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 thousand pesos, or by
imprisonment not exceeding one year, or by both
such fine and imprisonment, at the discretion of
the Court.
The violation of said section proven in a proper
administrative proceeding shall be sufficient cause for
removal or dismissal of a public officer, even if no criminal
prosecution is instituted against him.
Section 10. Competent court. Until otherwise provided by
law, all prosecutions under this Act shall be within the
original jurisdiction of the proper Court of First Instance.
Section 11. Prescription of offenses. All offenses punishable
under this Act shall prescribe in ten years.
Section 12. Termination of office. No public officer shall be
allowed to resign or retire pending an investigation,
criminal or administrative, or pending a prosecution
against him, for any offense under this Act or under the
provisions of the Revised Penal Code on bribery.

Section 13. Suspension and loss of benefits. Any public

officer against whom any criminal prosecution under a
valid information under this Act or under the provisions of
the Revised Penal Code on 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 any law, but if he is acquitted, he shall be
entitled to reinstatement and to the salaries and benefits
which he failed to receive during suspension, unless in the
meantime administrative proceedings have been filed
against him.

Section 14. Exception. Unsolicited gifts or presents of

small or insignificant value offered or given as a mere
ordinary token of gratitude or friendship according to local
customs or usage, shall be excepted from the provisions of
this Act.

Nothing in this Act shall be interpreted to prejudice or

prohibit the practice of any profession, lawful trade or
occupation by any private person or by any public officer
who under the law may legitimately practice his
profession, trade or occupation, during his incumbency,
except where the practice of such profession, trade or
occupation involves conspiracy with any other person or
public official to commit any of the violations penalized in
this Act.

Section 15. Separability clause. If any provision of this Act

or the application of such provision to any person or
circumstances is declared invalid, the remainder of the Act
or the application of such provision to other persons or
circumstances shall not be affected by such declaration.

Section 16. Effectivity. This Act shall take effect on its

approval, but for the purpose of determining unexplained
wealth, all property acquired by a public officer since he
assumed office shall be taken into consideration.

Approved: August 17, 1960

Republic Act No. 6713             February 20, 1989
AN ACT ESTABLISHING A CODE OF CONDUCT AND
ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND
EMPLOYEES, TO UPHOLD THE TIME-HONORED
PRINCIPLE OF PUBLIC OFFICE BEING A PUBLIC TRUST,
GRANTING INCENTIVES AND REWARDS FOR
EXEMPLARY SERVICE, ENUMERATING PROHIBITED
ACTS AND TRANSACTIONS AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF AND FOR
OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
Section 1. Title. - This Act shall be known as the "Code of
Conduct and Ethical Standards for Public Officials and
Employees."
Section 2. Declaration of Policies. - It is the policy of the
State to promote a high standard of ethics in public service.
Public officials and employees shall at all times be
accountable to the people and shall discharge their duties
with utmost responsibility, integrity, competence, and
loyalty, act with patriotism and justice, lead modest lives,
and uphold public interest over personal interest.
Section 3. Definition of Terms. - As used in this Act, the
term:
(a) "Government" includes the National
Government, the local governments, and all other
instrumentalities, agencies or branches of the
Republic of the Philippines including government-
owned or controlled corporations, and their
subsidiaries.lawphi1.net
(b) "Public Officials" includes elective and
appointive officials and employees, permanent or
temporary, whether in the career or non-career
service, including military and police personnel,
whether or not they receive compensation,
regardless of amount.
(c) "Gift" refers to a thing or a right to dispose of
gratuitously, or any act or liberality, in favor of
another who accepts it, and shall include a
simulated sale or an ostensibly onerous
disposition thereof. It shall not include an
unsolicited gift of nominal or insignificant value
not given in anticipation of, or in exchange for, a
favor from a public official or employee.
(d) "Receiving any gift" includes the act of
accepting directly or indirectly, a gift from a
person other than a member of his family or
relative as defined in this Act, even on the
occasion of a family celebration or national
festivity like Christmas, if the value of the gift is
neither nominal nor insignificant, or the gift is
given in anticipation of, or in exchange for, a favor.
(e) "Loan" covers both simple loan and
commodatum as well as guarantees, financing
arrangements or accommodations intended to
ensure its approval.
(f) "Substantial stockholder" means any person
who owns, directly or indirectly, shares of stock
sufficient to elect a director of a corporation. This
term shall also apply to the parties to a voting
trust.
(g) "Family of public officials or employees" means
their spouses and unmarried children under
eighteen (18) years of age.
(h) "Person" includes natural and juridical
persons unless the context indicates otherwise.
(i) "Conflict of interest" arises when a public
official or employee is a member of a board, an
officer, or a substantial stockholder of a private
corporation or owner or has a substantial interest
in a business, and the interest of such corporation
or business, or his rights or duties therein, may be
opposed to or affected by the faithful performance
of official duty.
(j) "Divestment" is the transfer of title or disposal
of interest in property by voluntarily, completely
and actually depriving or dispossessing oneself of
his right or title to it in favor of a person or
persons other than his spouse and relatives as
defined in this Act.
(k) "Relatives" refers to any and all persons
related to a public official or employee within the
fourth civil degree of consanguinity or affinity,
including bilas, inso and balae.
Section 4. Norms of Conduct of Public Officials and
Employees. - (A) Every public official and employee shall
observe the following as standards of personal conduct in
the discharge and execution of official duties:
(a) Commitment to public interest. -
Public officials and employees shall
always uphold the public interest over
and above personal interest. All
government resources and powers of
their respective offices must be employed
and used efficiently, effectively, honestly
and economically, particularly to avoid
wastage in public funds and revenues.
(b) Professionalism. - Public officials and
employees shall perform and discharge
their duties with the highest degree of
excellence, professionalism, intelligence
and skill. They shall enter public service
with utmost devotion and dedication to
duty. They shall endeavor to discourage
wrong perceptions of their roles as
dispensers or peddlers of undue
patronage.
(c) Justness and sincerity. - Public officials
and employees shall remain true to the
people at all times. They must act with
justness and sincerity and shall not
discriminate against anyone, especially
the poor and the underprivileged. They
shall at all times respect the rights of
others, and shall refrain from doing acts
contrary to law, good morals, good
customs, public policy, public order,
public safety and public interest. They
shall not dispense or extend undue favors
on account of their office to their relatives
 whether by consanguinity or affinity
except with respect to appointments of
such relatives to positions considered
strictly confidential or as members of
their personal staff whose terms are
coterminous with theirs.
(d) Political neutrality. - Public officials
and employees shall provide service to
everyone without unfair discrimination
and regardless of party affiliation or
preference.
(e) Responsiveness to the public. - Public
officials and employees shall extend
prompt, courteous, and adequate service
to the public. Unless otherwise provided
by law or when required by the public
interest, public officials and employees
shall provide information of their policies
and procedures in clear and
understandable language, ensure
openness of information, public
consultations and hearings whenever
appropriate, encourage suggestions,
simplify and systematize policy, rules and
procedures, avoid red tape and develop
an understanding and appreciation of the
socio-economic conditions prevailing in
the country, especially in the depressed
rural and urban areas.
(f) Nationalism and patriotism. - Public
officials and employees shall at all times
be loyal to the Republic and to the Filipino
people, promote the use of locally
produced goods, resources and
technology and encourage appreciation
and pride of country and people. They
shall endeavor to maintain and defend
Philippine sovereignty against foreign
intrusion.
(g) Commitment to democracy. - Public
officials and employees shall commit
themselves to the democratic way of life
and values, maintain the principle of
public accountability, and manifest by
deeds the supremacy of civilian authority
over the military. They shall at all times
uphold the Constitution and put loyalty to
country above loyalty to persons or party.
(h) Simple living. - Public officials and
employees and their families shall lead
modest lives appropriate to their
positions and income. They shall not
indulge in extravagant or ostentatious
display of wealth in any form.
(B) The Civil Service Commission shall adopt
positive measures to promote (1) observance of
these standards including the dissemination of
information programs and workshops authorizing
merit increases beyond regular progression steps,
to a limited number of employees recognized by
their office colleagues to be outstanding in their
observance of ethical standards; and (2)
continuing research and experimentation on
measures which provide positive motivation to
public officials and employees in raising the
general level of observance of these standards.
Section 5. Duties of Public Officials and Employees. - In the
performance of their duties, all public officials and
employees are under obligation to:lawphi1.net
(a) Act promptly on letters and requests. - All
public officials and employees shall, within fifteen
(15) working days from receipt thereof, respond
to letters, telegrams or other means of
communications sent by the public. The reply
must contain the action taken on the request.
(b) Submit annual performance reports. - All
heads or other responsible officers of offices and
agencies of the government and of government-
owned or controlled corporations shall, within
forty-five (45) working days from the end of the
year, render a performance report of the agency
or office or corporation concerned. Such report
shall be open and available to the public within
regular office hours.
(c) Process documents and papers expeditiously. -
All official papers and documents must be
processed and completed within a reasonable
time from the preparation thereof and must
contain, as far as practicable, not more than three
(3) signatories therein. In the absence of duly
authorized signatories, the official next-in-rank or
officer in charge shall sign for and in their behalf.
(d) Act immediately on the public's personal
transactions. - All 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.
(e) Make documents accessible to the public. - All
public documents must be made accessible to, and
readily available for inspection by, the public
within reasonable working hours.
Section 6. System of Incentives and Rewards. - A system of
annual incentives and rewards is hereby established in
order to motivate and inspire public servants to uphold the
highest standards of ethics. For this purpose, a Committee
on Awards to Outstanding Public Officials and Employees
is hereby created composed of the following: the
Ombudsman and Chairman of the Civil Service
Commission as Co-Chairmen, and the Chairman of the
Commission on Audit, and two government employees to
be appointed by the President, as members.
It shall be the task of this Committee to conduct a periodic,
continuing review of the performance of public officials
and employees, in all the branches and agencies of
Government and establish a system of annual incentives
and rewards to the end that due recognition is given to
public officials and employees of outstanding merit on the
basis of the standards set forth in this Act.
The conferment of awards shall take into account, among
other things, the following: the years of service and the
quality and consistency of performance, the obscurity of
the position, the level of salary, the unique and exemplary
quality 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
announced in public ceremonies honoring them may take
the form of bonuses, citations, directorships in
government-owned or controlled corporations, local and
foreign scholarship grants, paid vacations and the like.
They shall likewise be automatically promoted to the next
higher position with the commensurate salary suitable to
their qualifications. In case there is no next higher position
or it 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 to
govern the conduct of its activities.
Section 7. Prohibited Acts and Transactions. - In addition to
acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the
following shall constitute prohibited acts and transactions
of any public official and employee and are hereby
declared to be unlawful:
(a) Financial and material interest. - Public
officials and employees shall not, directly or
indirectly, have any financial or material interest
in any transaction requiring the approval of their
office.
(b) Outside employment and other activities
related thereto. - Public officials and employees
during their incumbency shall not:
(1) Own, control, manage or accept
employment as officer, employee,
consultant, counsel, broker, agent, trustee
or nominee in any private enterprise
regulated, supervised or licensed by their
office unless expressly allowed by law;
(2) Engage in the private practice of their
profession unless authorized by the
Constitution or law, provided, that such
practice will not conflict or tend to
conflict with their official functions; or
(3) Recommend any person to any
position in a private enterprise which has
a regular or pending official transaction
with their office.
These prohibitions shall continue to apply for a
period of one (1) year after resignation,
retirement, or separation from public office,
except in the case of subparagraph (b) (2) above,
but the professional concerned cannot practice his
profession in connection with any matter before
the office he used to be with, in which case the
one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential
information. - Public officials and employees shall
not use or divulge, confidential or classified
information officially known to them by reason of
their office and not made available to the public,
either:
(1) To further their private interests, or
give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public
officials and employees shall not solicit or accept,
directly or indirectly, any gift, gratuity, favor,
entertainment, loan or anything of monetary value
from any person in the course of their official
duties or in connection with any operation being
regulated by, or any transaction which may be
affected by the functions of their office.
As to gifts or grants from foreign governments, the
Congress consents to:
(i) The acceptance and retention by a
public official or employee of a gift of
nominal value tendered and received as a
souvenir or mark of courtesy;
(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
(iii) The acceptance by a public official or
employee of travel grants or expenses for
travel taking place entirely outside the
Philippine (such as allowances,
transportation, food, and lodging) of more
than nominal value if such acceptance is
appropriate or consistent with the
interests of the Philippines, and permitted
by the head of office, branch or agency to
which he belongs.
The Ombudsman shall prescribe such regulations
as may be necessary to carry out the purpose of
this subsection, including pertinent reporting and
disclosure requirements.
Nothing in this Act shall be construed to restrict or
prohibit any educational, scientific or cultural
exchange programs subject to national security
requirements.
Section 8. Statements and Disclosure. - Public officials and
employees have an 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 interests including those of their spouses and of
unmarried children under eighteen (18) years of age living
in their households.
(A) Statements of Assets and Liabilities and
Financial Disclosure. - All public officials and
employees, except those who serve in an honorary
capacity, laborers and casual or temporary
workers, shall file under oath their Statement of
Assets, Liabilities and Net Worth and a Disclosure
of Business Interests and Financial Connections
and those of their spouses and unmarried children
under eighteen (18) years of age living in their
households.
The two documents shall contain information on
the following:
(a) real property, its improvements,
acquisition costs, assessed value and
current fair market value;
(b) personal property and acquisition
cost;
(c) all other assets such as investments,
cash on hand or in banks, stocks, bonds,
and the like;
(d) liabilities, and;
(e) all business interests and financial
connections.
 The documents must be filed:
(a) within thirty (30) days after
assumption of office;
(b) on or before April 30, of every year
thereafter; and
(c) within thirty (30) days after
separation from the service.
All public officials and employees required under
this section to file the aforestated documents shall
also execute, within thirty (30) days from the date
of their assumption of office, the necessary
authority in favor of the Ombudsman to obtain
from all appropriate government agencies,
including the Bureau of Internal Revenue, such
documents as may show their assets, liabilities,
net worth, and also their business interests and
financial connections in previous years, including,
if possible, the year when they first assumed any
office in the Government.
Husband and wife who are both public officials or
employees may file the required statements
jointly or separately.
The Statements of Assets, Liabilities and Net
Worth and the Disclosure of Business Interests
and Financial Connections shall be filed by:
(1) Constitutional and national elective
officials, with the national office of the
Ombudsman;
(2) Senators and Congressmen, with the
Secretaries of the Senate and the House of
Representatives, respectively; Justices,
with the Clerk of Court of the Supreme
Court; Judges, with the Court
Administrator; and all national executive
officials with the Office of the President.
(3) Regional and local officials and
employees, with the Deputy Ombudsman
in their respective regions;
(4) Officers of the armed forces from the
rank of colonel or naval captain, with the
Office of the President, and those below
said ranks, with the Deputy Ombudsman
in their respective regions; and
(5) All other public officials and
employees, defined in Republic Act No.
3019, as amended, with the Civil Service
Commission.
(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 information, his
relatives in the Government in the form, manner and
frequency prescribed by the Civil Service Commission.
(C) Accessibility of documents. - (1) Any and all statements
filed under this Act, shall be made available for inspection
at reasonable hours.
(2) Such statements shall be made available for
copying or reproduction after ten (10) working
days from the time they are filed as required by
law.
(3) Any person requesting a copy of a statement
shall be required to pay a reasonable fee to cover
the cost of reproduction and mailing of such
statement, as well as the cost of certification.
(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
period, the statement may be destroyed unless
needed in an ongoing investigation.
(D) Prohibited acts. - It shall be unlawful for any person to
obtain or use any statement filed under this Act for:
(a) any purpose contrary to morals or public
policy; or
(b) any commercial purpose other than by news
and communications media for dissemination to
the general public.
Section 9. Divestment. - A public official or employee shall
avoid conflicts of interest at all times. When a conflict of
interest arises, he shall resign from his position in any
private business enterprise within thirty (30) days from
his assumption of office and/or divest himself of his
shareholdings or interest within sixty (60) days from such
assumption.
The same rule shall apply where the public official or
employee is a partner in a partnership.
The requirement of divestment shall not apply to those
who serve the Government in an honorary capacity nor to
laborers and casual or temporary workers.
Section 10. Review and Compliance Procedure. - (a) The
designated Committees of both Houses of the Congress
shall establish procedures for the review of statements to
determine whether said statements which have been
submitted on time, are complete, and are in proper form.
In the event a determination is made that a statement is
not so filed, the appropriate Committee shall so inform the
reporting individual and direct him to take the necessary
corrective action.
(b) In order to carry out their responsibilities
under this Act, the designated Committees of both
Houses of Congress shall have the power within
their respective jurisdictions, to render any
opinion interpreting this Act, in writing, to
persons covered by this Act, subject in each
instance to the approval by affirmative vote of the
majority of the particular House concerned.
The individual to whom an opinion is rendered,
and any other individual involved in a similar
factual situation, and who, after issuance of the
opinion acts in good faith in accordance with it
shall not be subject to any sanction provided in
this Act.
(c) The heads of other offices shall perform the
duties stated in subsections (a) and (b) hereof
insofar as their respective offices are concerned,
subject to the approval of the Secretary of Justice,
 in the case of the Executive Department and the
Chief Justice of the Supreme Court, in the case of
the Judicial Department.
Section 11. Penalties. - (a) Any public official or employee,
regardless of whether or not he holds office or
employment in a casual, temporary, holdover, permanent
or regular capacity, committing any violation of this Act
shall be 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 the
offense after due notice and hearing by the appropriate
body or agency. If the 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
shall be punishable with imprisonment not exceeding five
(5) years, or a fine not exceeding five thousand pesos
(P5,000), or both, and, in the discretion of the court of
competent jurisdiction, disqualification to hold public
office.
(b) Any violation hereof proven in a proper
administrative proceeding shall be sufficient cause
for removal or dismissal of a public official or
employee, even if no criminal prosecution is
instituted against him.
Section 14. Appropriations. - The sum necessary for the
effective implementation of this Act shall be taken from the
appropriations of the Civil Service Commission. Thereafter,
such sum as may be needed for its continued
implementation shall be included in the annual General
Appropriations Act.
Section 15. Separability Clause. - If any provision of this
Act or the application of such provision to any person or
circumstance is declared invalid, the remainder of the Act
or the application of such provision to other persons or
circumstances shall not be affected by such declaration.
Section 16. Repealing Clause. - All laws, decrees and orders
or parts thereof inconsistent herewith, are deemed
repealed or modified accordingly, unless the same provide
for a heavier penalty.
Section 17. Effectivity. - This Act shall take effect after
thirty (30) days following the completion of its publication
in the Official Gazette or in two (2) national newspapers of
general circulation.
Approved, February 20, 1989.

(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 subject to the same
penal liabilities as the public officials or
employees and shall be tried jointly with them.

(d) The official or employee concerned may bring

an action against any person who obtains or uses a
report for any purpose prohibited by Section 8 (D)
of this Act. The Court in which such action is
brought may assess against such person a penalty
in any amount not to exceed twenty-five thousand
pesos (P25,000). If another sanction hereunder or
under any other law is heavier, the latter shall
apply.

Section 12. Promulgation of Rules and Regulations,

Administration and Enforcement of this Act. - The Civil
Service Commission shall have the primary responsibility
for the administration and enforcement of this Act. It shall
transmit all cases for prosecution arising from violations of
this Act to the proper authorities for appropriate action:
Provided, however, That it may institute such
administrative actions and disciplinary measures as may
be warranted in accordance with law. Nothing in this
provision shall be construed as a deprivation of the right of
each House of Congress to discipline its Members for
disorderly behavior.

The Civil Service Commission is hereby authorized to

promulgate rules and regulations necessary to carry out
the provisions of this Act, including guidelines for
individuals who render free voluntary service to the
Government. The Ombudsman shall likewise take steps to
protect citizens who denounce acts or omissions of public
officials and employees which are in violation of this Act.

Section 13. Provisions for More Stringent Standards. -

Nothing in this Act shall be construed to derogate from any
law, or any regulation prescribed by any body or agency,
which provides for more stringent standards for its official
and employees.
[REPUBLIC ACT NO. 9485]
AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF
GOVERNMENT SERVICE TO THE PUBLIC BY REDUCING
BUREAUCRATIC RED TAPE, PREVENTING GRAFT AND
CORRUPTION, AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
SECTION 1. Short Title. — This Act shall be known as the
“Anti-Red Tape Act of 2007.”
SEC. 2. Declaration of Policy. — It is hereby declared the
policy of the State to promote integrity, accountability,
proper management of public affairs and public property
as well as to establish effective practices aimed at the
prevention of graft and corruption in government.
Towards this end, the State shall maintain honesty and
responsibility among its public officials and employees,
and shall take appropriate measures to promote
transparency in each agency with regard to the manner of
transacting with the public, which shall encompass a
program for the adoption of simplified procedures that will
reduce red tape and expedite transactions in government.
SEC. 3. Coverage. — This Act shall apply to all government
offices and agencies including local government units and
government-owned or -controlled corporations that
provide frontline services as defined in this Act. Those
performing judicial, quasi-judicial and legislative functions
are excluded from the coverage of this Act.
SEC. 4. Definition of Terms. — As used in this Act, the
following terms are defined as follows:
(a) “Simple Transactions” refer to requests or applications
submitted by clients of a government office or agency
which only require ministerial actions on the part of the
public officer or employee, or that which present only
inconsequential issues for the resolution by an officer or
employee of said government office.
(b) “Complex Transactions” refer to requests or
applications submitted by clients of a government office
which necessitate the use of discretion in the resolution of
complicated issues by an officer or employee of said
government office, such transaction to be determined by
the office concerned.
(c) “Frontline Service” refers to the process or transaction
between clients and government offices or agencies
involving applications for any privilege, right, permit,
reward, license, concession, or for any modification,
renewal or extension of the enumerated applications
and/or requests which are acted upon in the ordinary
course of business of the agency or office concerned.
(d) “Action” refers to the written approval or disapproval
made by a government office or agency on the application
or request submitted by a client for processing.
(e) “Officer or Employee” refers to a person employed in a
government office or agency required to perform specific
duties and responsibilities related to the application or
request submitted by a client for processing.
(f) “Irrelevant requirements” refer to any document or
performance of an act not directly material to the
resolution of the issues raised in the request or needed in
the application submitted by the client.
(g) “Fixer” refers to any individual whether or not officially
involved in the operation of a government office or agency
who has access to people working therein, and whether or
not in collusion with them, facilitates speedy completion of
transactions for pecuniary gain or any other advantage or
consideration.
SEC. 5. Reengineering of Systems and Procedures. — All
offices and agencies which provide frontline services are
hereby mandated to regularly undertake time and motion
studies, undergo evaluation and improvement of their
transaction systems and procedures and re-engineer the
same if deemed necessary to reduce bureaucratic red tape
and processing time.
SEC. 6. Citizen’s Charter. — All government agencies
including departments, bureaus, offices, instrumentalities,
or government-owned and/or controlled corporations, or
local government or district units shall set up their
respective service standards to be known as the Citizen’s
Charter in the form of information billboards which should
be posted at the main entrance of offices or at the most
conspicuous place, and in the form of published materials
written either in English, Filipino or in the local dialect,
that detail:
(a) The procedure to obtain a particular service;
(b) The person/s responsible for each step;
(c) The maximum time to conclude the process;
(d) The document/s to be presented by the customer, if
necessary;
(e) The amount of fees, if necessary; and
(f) The procedure for filing complaints.
SEC. 7. Accountability of the Heads of Offices and Agencies.
— The head of the office or agency shall be primarily
responsible for the implementation of this Act and shall be
held accountable to the public in rendering fast, efficient,
convenient and reliable service. All transactions and
processes are deemed to have been made with the
permission or clearance from the highest authority having
jurisdiction over the government office or agency
concerned.
SEC. 8. Accessing Frontline Services. — The following shall
be adopted by all government offices and agencies:
(a) Acceptance of Applications and Requests — (1) All
officers or employees shall accept written applications;
requests, and/or documents being submitted by clients of
the office or agency.
(2) The responsible officer or employee shall acknowledge
receipt of such application and/or request by writing or
printing clearly thereon his/her name, the unit where
he/she is connected with, and the time and date of receipt.
(3) The receiving officer or employee shall perform a
preliminary assessment of the request so as to promote a
more expeditious action on requests.
(b) Action of Offices — (1) All applications and/or requests
submitted shall be acted upon by the assigned officer or
employee during the period stated in the Citizen’s Charter
which shall not be longer than five working days in the
case of simple transactions and ten (10) working days in
the case of complex transactions from the date the request
or application was received. Depending on the nature of
the frontline services requested or the mandate of the
office or agency under unusual circumstances, the
maximum time prescribed above may be extended. For the
extension due to the nature of frontline services or the
mandate of the office or agency concerned, the period for
the delivery of frontline services shall be indicated in the
Citizen’s Charter. The office or agency concerned shall
notify the requesting party in writing of the reason for the
extension and the final date of release for the extension
and the final date of release of the frontline service/s
requested.
(2) No application or request shall be returned to the client
without appropriate action. In case an application or
request is disapproved, the officer or employee who
rendered the decision shall send a formal notice to the
client within five working days from the receipt of the
request and/or application, stating therein the reason for
the disapproval including a list of specific requirements
which the client failed to submit.
(c) Denial of Request for Access to Government Service —
Any denial of request for access to government service
shall be fully explained in writing, stating the name of the
person making the denial and the grounds upon which
such denial is based. Any denial of request is deemed to
have been made with the permission or clearance from the
highest authority having jurisdiction over the government
office or agency concerned.
(d) Limitation of Signatories — The number of signatories
in any document shall be limited to a maximum of five
signatures which shall represent officers directly
supervising the office or agency concerned.
(e) Adoption of Working Schedules to Serve Clients —
Heads of offices and agencies which render frontline
services shall adopt appropriate working schedules to
ensure that all clients who are within their premises prior
to the end of official working hours are attended to and
served even during lunch break and after regular working
hours.
(f) Identification Card — All employees transacting with
the public shall be provided with an official identification
card which should be visibly worn during office hours.
(g) Establishment of Public Assistance/Complaints Desk —
Each office or agency shall establish a public
assistance/complaints desk in all their offices.
SEC. 9. Automatic Extension of Permits and Licenses. — If a
government office or agency fails to act on an application
and/or request for renewal of a license, permit or
authority subject for renewal within the prescribed period,
said permit, license or authority shall automatically be
extended until a decision or resolution is rendered on the
application for renewal: Provided, That the automatic
extension shall not apply when the permit, license, or
authority covers activities which pose danger to public
health, public safety, public morals or to public policy
including, but not limited to, natural resource extraction
activities.
SEC. 10. Report Card Survey. — All offices and agencies
providing frontline services shall be subjected to a Report
Card Survey to be initiated by the Civil Service
Commission, in coordination with the Development
Academy of the Philippines, which shall be used to obtain
feedback on hour provisions in the Citizen’s Charter are
being followed and how the agency is performing.
The Report Card Survey shall also be used to obtain
information and/or estimates of hidden costs incurred by
clients to access frontline services which may include, but
is not limited to, bribes and payment to fixers.
A feedback mechanism shall be established in all agencies
covered by this Act and the results thereof shall be
incorporated in their annual report.
SEC. 11. Violations. — After compliance with the
substantive and procedural due process, the following
shall constitute violations of this Act together with their
corresponding penalties:
(a) Light Offense — (1) Refusal to accept application
and/or request within the prescribed period or any
document being submitted by a client;
(2) Failure to act on an application and/or request or
failure to refer back to the client a request which cannot be
acted upon due to lack of requirement’s within the
prescribed period;
(3) Failure to attend to clients who are within the premises
of the office or agency concerned prior to the end of official
working hours and during lunch break;
(4) Failure to render frontline services within the
prescribed period on any application and/or request
without due cause;
(5) Failure to give the client a written notice on the
disapproval of an application or request; and
(6) Imposition of additional irrelevant requirements other
than those listed in the first notice.
Penalties for light offense shall be as follows:
First Offense — Thirty (30) days suspension without pay
and mandatory attendance in Values Orientation Program;
Second Offense — Three months suspension without pay;
and
Third Offense — Dismissal and perpetual disqualification
from public service.
(b) Grave Offense — Fixing and/or collusion with fixers in
consideration of economic and/or other gain or advantage.
Penalty — Dismissal and perpetual disqualification from
public service.
SEC. 12. Criminal Liability for Fixers. — In addition to
Section 11(b), fixers, as defined in this Act, shall suffer the
penalty of imprisonment not exceeding six years or a fine
of not less than Twenty thousand pesos (P20,000.00) but
not more than Two hundred thousand pesos
(P200,000.00) or both fine and imprisonment at the
discretion of the court.
SEC. 13. Civil and Criminal Liability, Not Barred. — The Gazette or in two national newspapers of general
finding of administrative liability under this Act shall not circulation.
be a bar to the filing of criminal, civil or other related
charges under existing laws arising from the same act or
omission as herein enumerated.

SEC. 14. Administrative Jurisdiction. — The administrative

jurisdiction on any violation of the provisions of this Act
shall be vested on either the Civil Service Commission
(CSC), the Presidential Anti-Graft Commission (PAGC) or
the Office of the Ombudsman as determined by
appropriate laws and issuances.

SEC. 15. Immunity; Discharge of Co-Respondent/Accused to

be a Witness. — Any public official or employee or any
person having been charged with another under this Act
and who voluntarily gives information pertaining to an
investigation or who willingly testifies therefor, shall be
exempt from prosecution in the case/s where his/her
information and testimony are given. The discharge may
be granted and directed by the investigating body or court
upon the application or petition of any of the
respondent/accused-informant and before the termination
of the investigation: Provided, That:

a) There is absolute necessity for the testimony of the

respondent/accused-informant whose discharge is
requested;

b) There is no other direct evidence available for the

proper prosecution of the offense committed, except the
testimony of said respondent/accused-informant;

c) The testimony of said respondent/accused-informant

can be substantially corroborated in its material points;

d) The respondent/accused-informant has not been

previously convicted of a crime involving moral turpitude;
and

e) Said respondent/accused-informant does not appear to

be the most guilty.

Evidence adduced in support of the discharge shall

automatically form part of the records of the investigation.
Should the investigating body or court deny the motion of
request for discharge as a witness, his/her sworn
statement shall be inadmissible as evidence.

SEC. 16. Implementing Rules and Regulations. — The Civil

Service Commission, in coordination with the
Development Academy of the Philippines (DAP), the Office
of the Ombudsman and the Presidential Anti-Graft
Commission (PAGC), shall promulgate the necessary rules
and regulations within ninety (90) days from the
effectivity of this Act.

SEC. 17. Separability Clause. — If any provision of this Act

shall be declared invalid or unconstitutional, such
declaration shall not affect the validity of the remaining
provisions of this Act.

SEC. 18. Repealing Clause. — All provisions of laws,

presidential decrees, letters of instruction and other
presidential issuances which are incompatible or
inconsistent with the provisions of this Act are hereby
deemed amended or repealed.

SEC. 19. Effectivity. — This Act shall take effect within

fifteen (15) days following its publication in the Official
PRESIDENTIAL DECREE No. 46 November 10, 1972

MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND

EMPLOYEES TO RECEIVE, AND FOR PRIVATE PERSONS
TO GIVE, GIFTS ON ANY OCCASION, INCLUDING
CHRISTMAS

WHEREAS, under existing laws and the civil service rules,

it is prohibited to receive, directly or indirectly, any gift,
present or any other form of benefit in the course of official
duties;

WHEREAS, it is believed necessary to put more teeth to

existing laws and regulations to wipe out all conceivable
forms of graft and corruption in the public service, the
members of which should not only be honest but above
suspicion and reproach; and

WHEREAS, the stoppage of the practice of gift-giving to

government men is a concrete step in the administration's
program of reforms for the development of new moral
values in the social structure of the country, one of the
main objectives of the New Society;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President

of the Philippines, by virtue of the powers vested in me by
the Constitution as Commander-in-Chief of all the Armed
Forces of the Philippines, and pursuant to Proclamation
No. 1081 dated September 21, 1972, and General Order
No. 1 dated September 22, 1972, do hereby make it
punishable for any public official or employee, whether of
the national or local governments, to receive, directly or
indirectly, and for private persons to give, or offer to give,
any gift, present or other valuable thing to any occasion,
including Christmas, when such gift, present or other
valuable thing is given by reason of his official position,
regardless of whether or not the same is for past favor or
favors or the giver hopes or expects to receive a favor or
better treatment in the future from the public official or
employee concerned in the discharge of his official
functions. Included within the prohibition is the throwing
of parties or entertainments in honor of the official or
employees or his immediate relatives.

For violation of this Decree, the penalty of imprisonment

for not less than one (1) year nor more than five (5) years
and perpetual disqualification from public office shall be
imposed. The official or employee concerned shall likewise
be subject to administrative disciplinary action and, if
found guilty, shall be meted out the penalty of suspension
or removal, depending on the seriousness of the offense.

Any provision of law, executive order, rule or regulation or

circular inconsistent with this Decree is hereby repealed or
modified accordingly.

This Decree shall take effect immediately after its

publication.

Done in the City of Manila, this 10th day of November, in

the year of Our Lord, nineteen hundred and seventy-two.
[REPUBLIC ACT NO. 9160]
AN ACT DEFINING THE CRIME OF MONEY
LAUNDERING, PROVIDING PENALTIES THEREFOR AND
FOR OTHER PURPOSES
Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress assembled.
SECTION 1. Short Title. — This Act shall be known as the
“Anti-Money Laundering Act of 2001.”
SEC. 2. Declaration of Policy. — It is hereby declared the
policy of the State to protect and preserve the integrity and
confidentiality of bank accounts and to ensure that the
Philippines shall not be used as a money laundering site
for the proceeds of any unlawful activity. Consistent with
its foreign policy, the State shall extend cooperation in
transnational investigations and prosecutions of persons
involved in money laundering activities wherever
committed.
SEC. 3. Definitions. — For purposes of this Act, the
following terms are hereby defined as follows:
(a) “Covered institution” refers to:
(1) banks, non-banks, quasi-banks, trust entities, and all
other institutions and their subsidiaries and affiliates
supervised or regulated by the Bangko Sentral ng Pilipinas
(BSP);
(2) insurance companies and all other institutions
supervised or regulated by the Insurance Commission; and
(3) (i) securities dealers, brokers, salesmen, investment
houses and other similar entities managing securities or
rendering services as investment agent, advisor, or
consultant, (ii) mutual funds, closed-end investment
companies, common trust funds, pre-need companies and
other similar entities, (iii) foreign exchange corporations,
money changers, money payment, remittance, and transfer
companies and other similar entities, and (iv) other
entities administering or otherwise dealing in currency,
commodities or financial derivatives based thereon,
valuable objects, cash substitutes and other similar
monetary instruments or property supervised or regulated
by Securities and Exchange Commission.
(b) “Covered transaction” is a single, series, or combination
of transactions involving a total amount in excess of Four
million Philippine pesos (Php4,000,000.00) or an
equivalent amount in foreign currency based on the
prevailing exchange rate within five (5) consecutive
banking days except those between a covered institution
and a person who, at the time of the transaction was a
properly identified client and the amount is commensurate
with the business or financial capacity of the client; or
those with an underlying legal or trade obligation,
purpose, origin or economic justification.
It likewise refers to a single, series or combination or
pattern of unusually large and complex transactions in
excess of Four million Philippine pesos (Php4,000,000.00)
especially cash deposits and investments having no
credible purpose or origin, underlying trade obligation or
contract.
(c) “Monetary instrument” refers to:
(1) coins or currency of legal tender of the Philippines, or
of any other country;
(2) drafts, checks and notes;
(3) securities or negotiable instruments, bonds,
commercial papers, deposit certificates, trust certificates,
custodial receipts or deposit substitute instruments,
trading orders, transaction tickets and confirmations of
sale or investments and money market instruments; and
(4) other similar instruments where title thereto passes to
another by endorsement, assignment or delivery.
(d) “Offender” refers to any person who commits a money
laundering offense.
(e) “Person” refers to any natural or juridical person.
(f) “Proceeds” refers to an amount derived or realized from
an unlawful activity.
(g) “Supervising Authority” refers to the appropriate
supervisory or regulatory agency, department or office
supervising or regulating the covered institutions
enumerated in Section 3(a).
(h) “Transaction” refers to any act establishing any right or
obligation or giving rise to any contractual or legal
relationship between the parties thereto. It also includes
any movement of funds by any means with a covered
institution.
(i) “Unlawful activity” refers to any act or omission or
series or combination thereof involving or having relation
to the following:
(1) Kidnapping for ransom under Article 267 of Act No.
3815, otherwise known as the Revised Penal Code, as
amended;
(2) Sections 3, 4, 5, 7, 8 and 9 of Article Two of Republic
Act No. 6425, as amended, otherwise known as the
Dangerous Drugs Act of 1972;
(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act
No. 3019, as amended; otherwise known as the Anti-Graft
and Corrupt Practices Act;
(4) Plunder under Republic Act No. 7080, as amended;
(5) Robbery and extortion under Articles 294, 295, 296,
299, 300, 301 and 302 of the Revised Penal Code, as
amended;
(6) Jueteng and Masiao punished as illegal gambling under
Presidential Decree No. 1602;
(7) Piracy on the high seas under the Revised Penal Code,
as amended and Presidential Decree No. 532;
(8) Qualified theft under Article 310 of the Revised Penal
Code, as amended;
(9) Swindling under Article 315 of the Revised Penal Code,
as amended;
(10) Smuggling under Republic Act Nos. 455 and 1937;
(11) Violations under Republic Act No. 8792, otherwise
known as the Electronic Commerce Act of 2000;
(12) Hijacking and other violations under Republic Act No.
6235; destructive arson and murder, as defined under the
Revised Penal Code, as amended, including those
perpetrated by terrorists against non-combatant persons
and similar targets;
(13) Fraudulent practices and other violations under
Republic Act No. 8799, otherwise known as the Securities
Regulation Code of 2000;
(14) Felonies or offenses of a similar nature that are
punishable under the penal laws of other countries.
 
SEC. 4. Money Laundering Offense. — Money laundering is
a crime whereby the proceeds of an unlawful activity are
transacted, thereby making them appear to have
originated from legitimate sources. It is committed by the
following:
(a) Any person knowing that any monetary instrument or
property represents, involves, or relates to, the proceeds of
any unlawful activity, transacts or attempts to transact
said monetary instrument or property.
(b) Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which he
facilitates the offense of money laundering referred to in
paragraph (a) above.
(c) Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and
filed with the Anti-Money Laundering Council (AMLC), fails
to do so.
SEC. 5. Jurisdiction of Money Laundering Cases. — The
regional trial courts shall have jurisdiction to try all cases
on money laundering. Those committed by public officers
and private persons who are in conspiracy with such
public officers shall be under the jurisdiction of the
Sandiganbayan.
SEC. 6. Prosecution of Money Laundering.
(a) Any person may be charged with and convicted of both
the offense of money laundering and the unlawful activity
as herein defined.
(b) Any proceeding relating to the unlawful activity shall
be given precedence over the prosecution of any offense or
violation under this Act without prejudice to the freezing
and other remedies provided.
SEC. 7. Creation of Anti-Money Laundering Council
(AMLC). — The Anti-Money Laundering Council is hereby
created and shall be composed of the Governor of the
Bangko Sentral ng Pilipinas as chairman, the
Commissioner of the Insurance Commission and the
Chairman of the Securities and Exchange Commission as
members. The AMLC shall act unanimously in the
discharge of its functions as defined hereunder:
(1) to require and receive covered transaction reports
from covered institutions;
(2) to issue orders addressed to the appropriate
Supervising Authority or the covered institution to
determine the true identity of the owner of any monetary
instrument or property subject of a covered transaction
report or request for assistance from a foreign State, or
believed by the Council, on the basis of substantial
evidence, to be, in whole or in part, wherever located,
representing, involving, or related to, directly or indirectly,
in any manner or by any means, the proceeds of an
unlawful activity;
(3) to institute civil forfeiture proceedings and all other
remedial proceedings through the Office of the Solicitor
General;
(4) to cause the filing of complaints with the Department of
Justice or the Ombudsman for the prosecution of money
laundering offenses;
(5) to initiate investigations of covered transactions,
money laundering activities and other violations of this
Act;
(6) to freeze any monetary instrument or property alleged
to be proceeds of any unlawful activity;
(7) to implement such measures as may be necessary and
justified under this Act to counteract money laundering;
(8) to receive and take action in respect of, any request
from foreign states for assistance in their own anti-money
laundering operations provided in this Act;
(9) to develop educational programs on the pernicious
effects of money laundering, the methods and techniques
used in money laundering, the viable means of preventing
money laundering and the effective ways of prosecuting
and punishing offenders; and
(10) to enlist the assistance of any branch, department,
bureau, office, agency or instrumentality of the
government, including government-owned and -controlled
corporations, in undertaking any and all anti-money
laundering operations, which may include the use of its
personnel, facilities and resources for the more resolute
prevention, detection and investigation of money
laundering offenses and prosecution of offenders.
SEC. 8. Creation of a Secretariat. — The AMLC is hereby
authorized to establish a secretariat to be headed by an
Executive Director who shall be appointed by the Council
for a term of five (5) years. He must be a member of the
Philippine Bar, at least thirty-five (35) years of age and of
good moral character, unquestionable integrity and known
probity. All members of the Secretariat must have served
for at least five (5) years either in the Insurance
Commission, the Securities and Exchange Commission or
the Bangko Sentral ng Pilipinas (BSP) and shall hold full-
time permanent positions within the BSP.
SEC. 9. Prevention of Money Laundering; Customer
Identification Requirements and Record Keeping. — (a)
Customer Identification. — Covered institutions shall
establish and record the true identity of its clients based
on official documents. They shall maintain a system of
verifying the true identity of their clients and, in case of
corporate clients, require a system of verifying their legal
existence and organizational structure, as well as the
authority and identification of all persons purporting to act
on their behalf.
The provisions of existing laws to the contrary
notwithstanding, anonymous accounts, accounts under
fictitious names, and all other similar accounts shall be
absolutely prohibited. Peso and foreign currency non-
checking numbered accounts shall be allowed. The BSP
may conduct annual testing solely limited to the
determination of the existence and true identity of the
owners of such accounts.
(b) Record Keeping. — All records of all transactions of
covered institutions shall be maintained and safely stored
for five (5) years from the dates of transactions. With
respect to closed accounts, the records on customer
identification, account files and business correspondence,
shall be preserved and safely stored for at least five (5)
years from the dates when they were closed.
(c) Reporting of Covered Transactions. — Covered
institutions shall report to the AMLC all covered
transactions within five (5) working days from occurrence
thereof, unless the Supervising Authority concerned
prescribes a longer period not exceeding ten (10) working
days.
When reporting covered transactions to the AMLC,
covered institutions and their officers, employees,
representatives, agents, advisors, consultants or associates
shall not be deemed to have violated Republic Act No.
1405, as amended; Republic Act No. 6426, as amended;
Republic Act No. 8791 and other similar laws, but are
prohibited from communicating, directly or indirectly, in
any manner or by any means, to any person the fact that a
covered transaction report was made, the contents thereof,
or any other information in relation thereto. In case of
violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of
the covered institution, shall be criminally liable. However,
no administrative, criminal or civil proceedings, shall lie
against any person for having made a covered transaction
report in the regular performance of his duties and in good
faith, whether or not such reporting results in any criminal
prosecution under this Act or any other Philippine law.
When reporting covered transactions to the AMLC,
covered institutions and their officers, employees,
representatives, agents, advisors, consultants or associates
are prohibited from communicating, directly or indirectly,
in any manner or by any means, to any person, entity, the
media, the fact that a covered transaction report was
made, the contents thereof, or any other information in
relation thereto. Neither may such reporting be published
or aired in any manner or form by the mass media,
electronic mail, or other similar devices. In case of
violation thereof, the concerned officer, employee,
representative, agent, advisor, consultant or associate of
the covered institution, or media shall be held criminally
liable.
SEC. 10. Authority to Freeze. — Upon determination that
probable cause exists that any deposit or similar account is
in any way related to an unlawful activity, the AMLC may
issue a freeze order, which shall be effective immediately,
on the account for a period not exceeding fifteen (15) days.
Notice to the depositor that his account has been frozen
shall be issued simultaneously with the issuance of the
freeze order. The depositor shall have seventy-two (72)
hours upon receipt of the notice to explain why the freeze
order should be lifted. The AMLC has seventy-two (72)
hours to dispose of the depositor’s explanation. If it fails to
act within seventy-two (72) hours from receipt of the
depositor’s explanation, the freeze order shall
automatically be dissolved. The fifteen (15)-day freeze
order of the AMLC may be extended upon order of the
court, provided that the fifteen (15)-day period shall be
tolled pending the court’s decision to extend the period.
No court shall issue a temporary restraining order or writ
of injunction against any freeze order issued by the AMLC
except the Court of Appeals or the Supreme Court.
SEC. 11. Authority to Inquire into Bank Deposits. —
Notwithstanding the provisions of Republic Act No. 1405,
as amended; Republic Act No. 6426, as amended; Republic
Act No. 8791, and other laws, the AMLC may inquire into
or examine any particular deposit or investment with any
banking institution or non-bank financial institution upon
order of any competent court in cases of violation of this
Act when it has been established that there is probable
cause that the deposits or investments involved are in any
way related to a money laundering offense: Provided, That
this provision shall not apply to deposits and investments
made prior to the effectivity of this Act.
SEC. 12. Forfeiture Provisions.
(a) Civil Forfeiture. — When there is a covered transaction
report made, and the court has, in a petition filed for the
purpose ordered seizure of any monetary instrument or
property, in whole or in part, directly or indirectly, related
to said report, the Revised Rules of Court on civil forfeiture
shall apply.
(b) Claim on Forfeiture Assets. — Where the court has
issued an order of forfeiture of the monetary instrument or
property in a criminal prosecution for any money
laundering offense defined under Section 4 of this Act, the
offender or any other person claiming an interest therein
may apply, by verified petition, for a declaration that the
same legitimately belongs to him and for segregation or
exclusion of the monetary instrument or property
corresponding thereto. The verified petition shall be filed
with the court which rendered the judgment of conviction
and order of forfeiture, within fifteen (15) days from the
date of the order of forfeiture, in default of which the said
order shall become final and executory. This provision
shall apply in both civil and criminal forfeiture.
(c) Payment in Lieu of Forfeiture. — Where the court has
issued an order of forfeiture of the monetary instrument or
property subject of a money laundering offense defined
under Section 4, and said order cannot be enforced
because any particular monetary instrument or property
cannot, with due diligence, be located, or it has been
substantially altered, destroyed, diminished in value or
otherwise rendered worthless by any act or omission,
directly or indirectly, attributable to the offender, or it has
been concealed, removed, converted or otherwise
transferred to prevent the same from being found or to
avoid forfeiture thereof, or it is located outside the
Philippines or has been placed or brought outside the
jurisdiction of the court, or it has been commingled with
other monetary instruments or property belonging to
either the offender himself or a third person or entity,
thereby rendering the same difficult to identify or be
segregated for purposes of forfeiture, the court may,
instead of enforcing the order of forfeiture of the monetary
instrument or property or part thereof or interest therein,
accordingly order the convicted offender to pay an amount
equal to the value of said monetary instrument or
property. This provision shall apply in both civil and
criminal forfeiture.
SEC. 13. Mutual Assistance among States.
(a) Request for Assistance from a Foreign State. — Where
a foreign State makes a request for assistance in the
investigation or prosecution of a money laundering
offense, the AMLC may execute the request or refuse to
execute the same and inform the foreign State of any valid
reason for not executing the request or for delaying the
execution thereof. The principles of mutuality and
reciprocity shall, for this purpose, be at all times
recognized.
(b) Powers of the AMLC to Act on a Request for Assistance
from a Foreign State. — The AMLC may execute a request
for assistance from a foreign State by: (1) tracking down,
freezing, restraining and seizing assets alleged to be
proceeds of any unlawful activity under the procedures
laid down in this Act; (2) giving information needed by the
foreign State within the procedures laid down in this Act;
and (3) applying for an order of forfeiture of any monetary
instrument or property in the court: Provided, That the
court shall not issue such an order unless the application is
accompanied by an authenticated copy of the order of a
court in the requesting State ordering the forfeiture of said
monetary instrument or property of a person who has
been convicted of a money laundering offense in the
requesting State, and a certification or an affidavit of a
competent officer of the requesting State stating that the
conviction and the order of forfeiture are final and that no
further appeal lies in respect of either.
(c) Obtaining Assistance from Foreign States. — The AMLC
may make a request to any foreign State for assistance in
(1) tracking down, freezing, restraining and seizing assets
alleged to be proceeds of any unlawful activity; (2)
obtaining information that it needs relating to any covered
transaction, money laundering offense or any other matter
directly or indirectly related thereto; (3) to the extent
allowed by the law of the foreign State, applying with the
proper court therein for an order to enter any premises
belonging to or in the possession or control of, any or all of
the persons named in said request, and/or search any or
all such persons named therein and/or remove any
document, material or object named in said request:
Provided, That the documents accompanying the request
in support of the application have been duly authenticated
in accordance with the applicable law or regulation of the
foreign State; and (4) applying for an order of forfeiture of
any monetary instrument or property in the proper court
in the foreign State: Provided, That the request is
accompanied by an authenticated copy of the order of the
regional trial court ordering the forfeiture of said
monetary instrument or property of a convicted offender
and an affidavit of the clerk of court stating that the
conviction and the order of forfeiture are final and that no
further appeal lies in respect of either.
(d) Limitations on Request for Mutual Assistance. — The
AMLC may refuse to comply with any request for
assistance where the action sought by the request
contravenes any provision of the Constitution or the
execution of a request is likely to prejudice the national
interest of the Philippines unless there is a treaty between
the Philippines and the requesting State relating to the
provision of assistance in relation to money laundering
offenses.
(e) Requirements for Requests for Mutual Assistance from
Foreign States. — A request for mutual assistance from a
foreign State must (1) confirm that an investigation or
prosecution is being conducted in respect of a money
launderer named therein or that he has been convicted of
any money laundering offense; (2) state the grounds on
which any person is being investigated or prosecuted for
money laundering or the details of his conviction; (3) give
sufficient particulars as to the identity of said person; (4)
give particulars sufficient to identify any covered
institution believed to have any information, document,
material or object which may be of assistance to the
investigation or prosecution; (5) ask from the covered
institution concerned any information, document, material
or object which may be of assistance to the investigation or
prosecution; (6) specify the manner in which and to whom
said information, document, material or object obtained
pursuant to said request, is to be produced; (7) give all the
particulars necessary for the issuance by the court in the
requested State of the writs, orders or processes needed
by the requesting State; and (8) contain such other
information as may assist in the execution of the request.
(f) Authentication of Documents. — For purposes of this
Section, a document is authenticated if the same is signed
or certified by a judge, magistrate or equivalent officer in
or of, the requesting State, and authenticated by the oath
or affirmation of a witness or sealed with an official or
public seal of a minister, secretary of State, or officer in or
of, the government of the requesting State, or of the person
administering the government or a department of the
requesting territory, protectorate or colony. The certificate
of authentication may also be made by a secretary of the
embassy or legation, consul general, consul, vice consul,
consular agent or any officer in the foreign service of the
Philippines stationed in the foreign State in which the
record is kept, and authenticated by the seal of his office.
(g) Extradition. — The Philippines shall negotiate for the
inclusion of money laundering offenses as herein defined
among extraditable offenses in all future treaties.
SEC. 14. Penal Provisions. — (a) Penalties for the Crime of
Money Laundering. The penalty of imprisonment ranging
from seven (7) to fourteen (14) years and a fine of not less
than Three million Philippine pesos (Php3,000,000.00) but
not more than twice the value of the monetary instrument
or property involved in the offense, shall be imposed upon
a person convicted under Section 4(a) of this Act.
The penalty of imprisonment from four (4) to seven (7)
years and a fine of not less than One million five hundred
thousand Philippine pesos (Php1,500,000.00) but not
more than Three million Philippine pesos
(Php3,000,000.00), shall be imposed upon a person
convicted under Section 4(b) of this Act.
The penalty of imprisonment from six (6) months to four
(4) years or a fine of not less than One hundred thousand
Philippine pesos (Php100,000.00) but not more than Five
hundred thousand Philippine pesos (Php500,000.00), or
both, shall be imposed on a person convicted under
Section 4(c) of this Act.
(b) Penalties for Failure to Keep Records. The penalty of
imprisonment from six (6) months to one (1) year or a fine
of not less than One hundred thousand Philippine pesos
(Php100,000.00) but not more than Five hundred
thousand Philippine pesos (Php500,000.00), or both, shall
be imposed on a person convicted under Section 9(b) of
this Act.
(c) Malicious Reporting. Any person who, with malice, or in
bad faith, report or files a completely unwarranted or false
information relative to money laundering transaction
against any person shall be subject to a penalty of six (6)
months to four (4) years imprisonment and a fine of not
less than One hundred thousand Philippine pesos
(Php100,000.00) but not more than Five hundred
thousand Philippine pesos (Php500,000.00), at the
discretion of the court: Provided, That the offender is not
entitled to avail the benefits of the Probation Law.
If the offender is a corporation, association, partnership or
any juridical person, the penalty shall be imposed upon the
responsible officers, as the case may be, who participated
in the commission of the crime or who shall have
knowingly permitted or failed to prevent its commission. If
the offender is a juridical person, the court may suspend or
revoke its license. If the offender is an alien, he shall, in
addition to the penalties herein prescribed, be deported
without further proceedings after serving the penalties
herein prescribed. If the offender is a public official or
employee, he shall, in addition to the penalties prescribed
herein, suffer perpetual or temporary absolute
disqualification from office, as the case may be.
Any public official or employee who is called upon to
testify and refuses to do the same or purposely fails to
testify shall suffer the same penalties prescribed herein.
(d) Breach of Confidentiality. The punishment of
imprisonment ranging from three (3) to eight (8) years
and a fine of not less than Five hundred thousand
Philippine pesos (Php500,000.00) but not more than One
million Philippine pesos (Php1,000,000.00), shall be
imposed on a person convicted for a violation under
Section 9(c).
SEC. 15. System of Incentives and Rewards. — A system of
special incentives and rewards is hereby established to be
given to the appropriate government agency and its
personnel that led and initiated an investigation,
prosecution and conviction of persons involved in the
offense penalized in Section 4 of this Act.
SEC. 16. Prohibitions Against Political Harassment. — This
Act shall not be used for political persecution or
harassment or as an instrument to hamper competition in
trade and commerce.
No case for money laundering may be filed against and no
assets shall be frozen, attached or forfeited to the prejudice
of a candidate for an electoral office during an election
period.
composed of seven (7) members from the Senate and
seven (7) members from the House of Representatives.
The members from the Senate shall be appointed by the
Senate President based on the proportional representation
of the parties or coalitions therein with at least two (2)
Senators representing the minority. The members from the
House of Representatives shall be appointed by the
Speaker also based on proportional representation of the
parties or coalitions therein with at least two (2) members
representing the minority.
The Oversight Committee shall have the power to
promulgate its own rules, to oversee the implementation
of this Act, and to review or revise the implementing rules
issued by the Anti-Money Laundering Council within thirty
(30) days from the promulgation of the said rules.
SEC. 20. Appropriations Clause. — The AMLC shall be
provided with an initial appropriation of Twenty-five
million Philippine pesos (Php25,000,000.00) to be drawn
from the national government. Appropriations for the
succeeding years shall be included in the General
Appropriations Act.
SEC. 21. Separability Clause. — If any provision or section
of this Act or the application thereof to any person or
circumstance is held to be invalid, the other provisions or
sections of this Act, and the application of such provision
or section to other persons or circumstances, shall not be
affected thereby.
SEC. 22. Repealing Clause. — All laws, decrees, executive
orders, rules and regulations or parts thereof, including
the relevant provisions of Republic Act No. 1405, as
amended; Republic Act No. 6426, as amended; Republic
Act No. 8791, as amended and other similar laws, as are
inconsistent with this Act, are hereby repealed, amended
or modified accordingly.
SEC. 23. Effectivity. — This Act shall take effect fifteen (15)
days after its complete publication in the Official Gazette or
in at least two (2) national newspapers of general
circulation.
The provisions of this Act shall not apply to deposits and
investments made prior to its effectivity.

SEC. 17. Restitution. — Restitution for any aggrieved party

shall be governed by the provisions of the New Civil Code.

SEC. 18. Implementing Rules and Regulations. — Within

thirty (30) days from the effectivity of this Act, the Bangko
Sentral ng Pilipinas, the Insurance Commission and the
Securities and Exchange Commission shall promulgate the
rules and regulations to implement effectively the
provisions of this Act. Said rules and regulations shall be
submitted to the Congressional Oversight Committee for
approval.

Covered institutions shall formulate their respective

money laundering prevention programs in accordance
with this Act including, but not limited to, information
dissemination on money laundering activities and its
prevention, detection and reporting, and the training of
responsible officers and personnel of covered institutions.

SEC. 19. Congressional Oversight Committee. — There is

hereby created a Congressional Oversight Committee
Republic Act No. 7080             July 12, 1991
AN ACT DEFINING AND PENALIZING THE CRIME OF
PLUNDER
Be it enacted by the Senate and House of Representatives of
the Philippines in Congress assembled:
Section 1. Definition of Terms - As used in this Act, the
term -
a) Public Officer means any person holding any
public office in the Government of the Republic of
the Philippines by virtue of an appointment,
election or contract.
b) Government includes the National Government,
and any of its subdivisions, agencies or
instrumentalities, including government-owned or
-controlled corporations and their subsidiaries.
c) Person includes any natural or juridical person,
unless the context indicates otherwise.
d) Ill-gotten wealth means any asset, property,
business enterprise or material possession of any
person within the purview of Section Two (2)
hereof, acquired by him directly or indirectly
through dummies, nominees, agents, subordinates
and/or business associates by any combination or
series of the following means or similar schemes:
1) Through misappropriation, conversion,
misuse, or malversation of public funds or
raids on the public treasury;
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 government contract
or project or by reason of the office or
position of the public officer concerned;
3) By the illegal or fraudulent conveyance
or disposition of assets belonging to the
National Government or any of its
subdivisions, agencies or
instrumentalities or government-owned
or -controlled corporations and their
subsidiaries;
4) By obtaining, receiving or accepting
directly or indirectly any shares of stock,
equity or any other form of interest or
participation including promise of future
employment in any business enterprise or
undertaking;
5) By establishing agricultural, industrial
or commercial monopolies or other
combinations and/or implementation of
decrees and orders intended to benefit
particular persons or special interests; or
6) By taking undue advantage of official
position, authority, relationship,
connection or influence to unjustly enrich
himself or themselves at the expense and
to the damage and prejudice of the
Filipino people and the Republic of the
Philippines.
See Section 2 As amended by Section 12 of RA No.7659
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
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 total value of at least Seventy-five
million pesos (P75,000,000.00), shall be guilty of the crime
of plunder and shall be punished by life imprisonment
with perpetual absolute disqualification from holding any
public office. Any person who participated with said public
officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of
participation and the attendance of mitigating and
extenuating circumstances shall be considered by the
court. The court shall declare any and all ill-gotten wealth
and their interests and other incomes and assets including
the properties and shares of stock derived from the
deposit or investment thereof forfeited in favor of the
State.
Section 3. Competent Court - Until otherwise provided by
law, all prosecutions under this Act shall be within the
original jurisdiction of the Sandiganbayan.
Section 4. Rule of Evidence - For purposes of establishing
the crime of plunder, it shall not be necessary to prove
each and every criminal act done by the accused in
furtherance of the scheme or conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being sufficient
to establish beyond reasonable doubt a pattern of overt or
criminal acts indicative of the overall unlawful scheme or
conspiracy.
Section 5. Suspension and Loss of Benefits - Any public
officer against whom any criminal prosecution under a
valid information under this Act in whatever stage of
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 gratuity
benefits under any law, but if he is acquitted, he shall be
entitled to reinstatement and to the salaries and other
benefits which he failed to receive during suspension,
unless in the meantime, administrative proceedings have
been filed against him.
Section 6. Prescription of Crimes - The crime punishable
under this Act shall prescribe in twenty (20) years.
However, the right of the State to recover properties
unlawfully acquired by public officers from them or from
their nominees or transferees shall not be barred by
prescription, laches, or estoppel.
Section 7. Separability of Provisions - If any provisions of
this Act or the application thereof to any person or
circumstance is held invalid, the remaining provisions of
this Act and the application of such provisions to other
persons or circumstances shall not be affected thereby.
Section 8. Scope - This Act shall not apply to or affect
pending prosecutions or proceedings, or those which may
be instituted under Executive Order No. 1, issued and
promulgated on February 28, 1986.
Section 9. Effectivity - This Act shall take effect after
fifteen (15) days from its publication in the Official Gazette
and in a newspaper of general circulation.
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL
GAMBLING
WHEREAS, Philippine Gambling Laws such as Articles 195-
199 of the Revised Penal Code (Forms of Gambling and
Betting), R.A. 3063 (Horse racing Bookies), P.D. 449
(Cockfighting), P.D. 483 (Game Fixing), P.D. 510 (Slot
Machines) in relation to Opinion Nos. 33 and 97 of the
Ministry of Justice, P.D. 1306 (Jai-Alai Bookies) and other
City and Municipal Ordinances or gambling all over the
country prescribe penalties which are inadequate to
discourage or stamp out this pernicious activities;
WHEREAS, there is now a need to increase their penalties
to make them more effective in combating this social
menace which dissipate the energy and resources of our
people;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President
of the Republic of the Philippines, by virtue of the powers
vested in me by the Constitution, do hereby order and
decree:
Section 1. Penalties. The following penalties are hereby
imposed:
(a) The penalty of prison correccional in its
medium period of a fine ranging from one
thousand to six thousand pesos, and in case of
recidivism, the penalty of prision mayor in its
medium period or a fine ranging from five
thousand to ten thousand pesos shall be imposed
upon:
1. Any person other than those referred to
in the succeeding sub-sections who in any
manner, shall directly or indirectly take
part in any illegal or unauthorized
activities or games of cockfighting,
jueteng, jai alai or horse racing to include
bookie operations and game fixing,
numbers, bingo and other forms of
lotteries; cara y cruz, pompiang and the
like; 7-11 and any game using dice; black
jack, lucky nine, poker and its derivatives,
monte, baccarat, cuajao, pangguingue and
other card games; paik que, high and low,
mahjong, domino and other games using
plastic tiles and the likes; slot machines,
roulette, pinball and other mechanical
contraptions and devices; dog racing, boat
racing, car racing and other forms of
races, basketball, boxing, volleyball,
bowling, pingpong and other forms of
individual or team contests to include
game fixing, point shaving and other
machinations; banking or percentage
game, or any other game scheme, whether
upon chance or skill, wherein wagers
consisting of money, articles of value or
representative of value are at stake or
made;
2. Any person who shall knowingly permit
any form of gambling referred to in the
preceding subparagraph to be carried on
in inhabited or uninhabited place or in
any building, vessel or other means of
transportation owned or controlled by
him. If the place where gambling is
carried on has a reputation of a gambling
place or that prohibited gambling is
frequently carried on therein, or the place
is a public or government building or
barangay hall, the malfactor shall be
punished by prision correccional in its
maximum period and a fine of six
thousand pesos.
(b) The penalty of prision correccional in its
maximum period or a fine of six thousand pesos
shall be imposed upon the maintainer or
conductor of the above gambling schemes.
(c) The penalty of prision mayor in its medium
period with temporary absolute disqualification or
a fine of six thousand pesos shall be imposed if the
maintainer, conductor or banker of said gambling
schemes is a government official, or where such
government official is the player, promoter,
referee, umpire, judge or coach in case of game
fixing, point shaving and machination.
(d) The penalty of prision correccional in its
medium period or a fine ranging from four
hundred to two thousand pesos shall be imposed
upon any person who shall, knowingly and
without lawful purpose in any hour of any day,
possess any lottery list, paper or other matter
containing letters, figures, signs or symbols
pertaining to or in any manner used in the games
of jueteng, jai-alai or horse racing bookies, and
similar games of lotteries and numbers which
have taken place or about to take place.
(e) The penalty of temporary absolute
disqualifications shall be imposed upon any
barangay official who, with knowledge of the
existence of a gambling house or place in his
jurisdiction fails to abate the same or take action
in connection therewith.
(f) The penalty of prision correccional in its
maximum period or a fine ranging from five
hundred pesos to two thousand pesos shall be
imposed upon any security officer, security guard,
watchman, private or house detective of hotels,
villages, buildings, enclosures and the like which
have the reputation of a gambling place or where
gambling activities are being held.
Section 2. Informer's reward. Any person who shall
disclose information that will lead to the arrest and final
conviction of the malfactor shall be rewarded twenty
percent of the cash money or articles of value confiscated
or forfeited in favor of the government.
Section 3. Repealing Clause. Provisions of Art. 195-199 of
the Revised Penal Code, as amended, Republic Act No.
3063, Presidential Decrees Numbered 483, 449, 510 and
1306, letters of instructions, laws, executive orders, rules
and regulations, city and municipal ordinances which are
inconsistent with this Decree are hereby repealed.
Section 4. Effectivity. This Decree shall take effect
immediately upon publication at least once in a newspaper
of general circulation.
Done in the City of Manila, this 11th day of June, in the year
of Our Lord, nineteen hundred and seventy-eight.