Anti-Graft and Corrupt Practices Act

• All offenses punishable under this Anti Graft Act shall prescribe in twenty years.
• Prima facie evidence of and dismissal due to unexplained wealth.


  a public official who has been found to have acquired during his incumbency, whether in his name or in the name of other persons, unexplained wealth, that fact shall be a ground for dismissal or removal.
• Properties in the name of the spouse and dependents of such

  public official may be taken into consideration in the computation of unexplained wealth, when their acquisition through legitimate means cannot be satisfactorily shown.
• Bank deposits in the name of or manifestly excessive expenditures incurred by the public official, his spouse or any of their dependents including but not limited to activities in any club or association or any

  ostentatious display of wealth including frequent travel abroad of a

  non-official character by any public official when such activities entail

  expenses evidently out of proportion to legitimate income, shall

  likewise be taken into consideration in the unexplained wealth, notwithstanding any provision of law to the contrary.
• The circumstances for consideration of unexplained wealth shall constitute valid ground for the administrative suspension of the public official concerned for an indefinite period until the investigation of the unexplained wealth is completed.
• 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 fair value of such thing.
• The violation of Section 7 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.
• Until otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction of the Sandiganbayan.
• Government


  National government, local governments, government-owned and government-controlled corporations, and all other instrumentalities or agencies of the Republic of the Philippines and their branches
• Public officer

  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
• Receiving any gift


  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
• Person


  Natural and juridical persons, unless the context indicates otherwise
• Corrupt Practices


  1. Persuading or inducing another public officer to violate rules or commit an offense in connection with his official duties, or allowing himself to be persuaded, to commit such violation or offense.
  2. Directly or indirectly requesting or receiving any gift, share, or benefit, for himself or another, in connection with transaction between the Government and any other party
  3. Directly or indirectly requesting or receiving any gift, or other benefit, for himself or for another, from any person to secure any Government permit or license, without prejudice to Sec 13
• Corrupt Practices


  1. Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination

  2. 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

  3. 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

  4. 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

  5. Directly or indirectly having financial 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
• Corrupt Practices


  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 transactions or acts by the board, panel or group to which they belong.
• Corrupt Practices

  1. 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.
  2. 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.
• Liability simultaneous with Public Official

  1. in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law.
  2. Obtaining government permit
  3. The one who gave employment
  4. urging the divulging or untimely release of the confidential information referred to in subparagraph K
• Prohibition on private individuals.


  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 .
• Family Relation


  shall include the spouse or relatives by consanguinity or affinity in the third civil degree.
• 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.
• 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.
• Relatives prohibited to intervene in government transactions

  1. Spouse
  2. 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
• Exception to Prohibition on Relatives

  1. has been already dealing with the Government along the same line of business,
  2. transaction, contract or application already existing or pending at the time of such assumption of public office,
  3. 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
  4. any act lawfully performed in an official capacity or in the exercise of a profession
• Prohibition on the Members of Congress


  during his term, he cannot acquire or receive any personal pecuniary interest in any specific business enterprise which gained benefit by a law authored or recommended initiation by him