img198PHYSICAL DESCRIPTION

Size: 6” x 9”
No. of pages: 250
Paper: 50 lbs. bookpaper
Binding: Perfect Binding
Cover: Foldcote calliper 15, Softbound
Price: Php450.00 or US$ 9.82

Available at: National Book Store branches nationwide.

TABLE OF CONTENTS

Preface iv
Table of Authorities vi
Acronyms and Abbreviations x

INTRODUCTION

How to report corruption in government, 1
Where to seek legal assistance, 1
Book presentation format, 3
Who are public officers, 5
Categories of penal laws, 5

HOW TO FILE CRIMINAL COMPLAINT , 6
FILING OF CASE IN COURT, 11

Jurisdiction of Sandiganbayan, 11
Jurisdiction of Regional Trial Court, 13

THE REVISED PENAL CODE

CRIMES COMMITTED BY PUBLIC OFFICERS, 14

Ch. 2. Malfeasance and misfeasance in office, 14

Ch. 3. Frauds and illegal exactions and transactions 24

Ch. 4. Malversation of public funds or property 26

Ch. 5. Infidelity of public officers 38

Ch. 6. Other offences or irregularities by public officers, 42

SPECIAL PENAL LAWS

ANTI-GRAFT AND CORRUPT PRACTICES ACT
(R.A. No. 3019)

Sec. 3(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules, 51

Sec. 3(b) Directly or indirectly requesting or receiving any gift or benefit in connection with any contract where he has right to intervene, 52

Sec. 3 (c) Directly or indirectly requesting or receiving any gift, or material benefit in consideration of help given or to be given, 53

Sec. 3(d) Accepting or having a family member accept employment in private enterprise,53

Sec. 3(e) Causing undue injury or giving unwarranted benefits through partiality, bad faith or negligence, 54

Sec. 3(f) Neglecting or refusing after demand to act on matter pending for the purpose of obtaining material benefit or for discriminating another, 56

Sec. 3(g) Entering into contract grossly disadvantageous to Government, 57

Sec. 3(h) Having financial interest in any business in connection with which he intervenes as official , 59

Sec. 3(i). Becoming interested for personal gain in transaction requiring approval of board that he is member , 61

Sec. 3(j). Knowingly granting license to person not qualified, 62

Sec. 3(k). Divulging valuable confidential information , 63

Prohibition on private individuals and certain relatives.

Prohibition on Members of Congress.

Penalties for Violations, 65

STATEMENT OF ASSETS AND LIABILITIES

Sec. 7. Filing of Statement of assets and liabilities, 66
Sec. 8. Prima facie evidence of and dismissal due to unexplained wealth, 70

FORFEITURE OF UNLAWFULLY ACQUIRED PROPERTY
(R.A. No. 1379, s. 1955)

Sec. 1. Presumption of unlawfully acquired property, 71
Sec. 2. What are ‘legitimately acquired property’, 72
Sec. 3. Filing of Petition, 73
Sec. 4. Separation of employee and prescription, 74
Sec. 5. Penalties for violation, 74

CODE OF CONDUCT AND ETHICAL STANDARDS
FOR PUBLIC OFFICIALS AND EMPLOYEES
(RA 6713, s. 1989)

Norms of conduct of public officials and employees.

Sec. 4. Standards of personal conduct, 74

Duties of public officers.

Sec. 5. Duties of public officials and employees 77

NOTES: 78

Prohibited acts and transactions.

Sec. 7(a). Prohibited financial and material interest, 82
Sec. 7(b). Prohibited outside employment and other related activities, 83
Sec. 7(c). Prohibited disclosure and/or misuse of confidential information, 84
Sec. 7(d). Prohibited solicitation or acceptance of gifts, 84
Sec. 8. Failure to file statements and disclosures, 85
Sec. 11. Penalties for violation, 85

GROUNDS FOR ADMINISTRATIVE
DISCIPLINARY ACTION UNDER THE
RULES IMPLEMENTING R.A. NO. 6713.

Rule X
Sec. 1. Grounds for administrative disciplinary action 86
Rule XI
Sec. 1. Penalties 91

DECREE PROHIBITING RECEIVING OF GIFTS
PRESIDENTIAL DECREE NO. 46, s. 1972

1.0 Prohibited receiving of gifts by reason of official position  93

ANTI-RED TAPE ACT
R.A. No. 9485, s. 2007

Sec. 11(a). Light offense 94
Sec. 11(b). Grave offense 96

THE PLUNDER LAW
(R.A. No. 7080, s. 1961)

Sec. 2. Crime of Plunder 97

GOVERNMENT AUDITING CODE OF THE PHILIPPINES
(P.D. No. 1445, s. 1978, as amended)

Penal Provisions

Sec. 67(3). Illegal encashment of private checks, 100
Sec. 68. Failure to issue official receipt, 101
Sec. 89A. Illegal grant of cash advance, 102
Sec. 89B. Failure to report & liquidate cash advance, 102
Sec. 106. Illegal payment, application, or disposition of funds or property, 104

GOVERNMENT PROCUREMENT REFORM ACT
(R.A. No. 9184, s. 2003)

Penal Provisions

OFFENSES COMMITTED BY PUBLIC OFFICERS

Sec. 65(a). Offenses committed by public officers,  106

Par. 1.- Opening of sealed bids before appointed time, 107
Par. 2. Delaying procurement procedures, 107
Par. 3. Unduly influencing BAC member or officer to favour a bidder, 107
Par. 4. Splitting of contracts, 108
Par. 5. Abuse of power of agency head, 109

OFFENSES COMMITTED BY PRIVATE INDIVIDUALS

Sec. 65(b). Offenses committed by private individuals,  111

Par. 1. Agreement of two or more bidders to submit different bids,  111
Par. 2. One bidder submits different bids, 112
Par. 3. Agreement of two or more bidders to refrain from bidding, 112
Par. 4. Employing schemes to stifle competition, 112

OTHER OFFENSES COMMITTED BY
PRIVATE INDIVIDUALS

Sec. 65(c) Private individuals committing any of following acts are penalized: 113

Par. 1. Submitting false information in eligibility requirements, 113
Par. 2. Submitting false information in bidding documents, 113
Par. 3. Participating in bidding using another name, 113
Par. 4. Withdrawing bid after being qualified, or refusal to accept award, 113

THE LOCAL GOVERNMENT CODE
(R.A. No. 7160, s. 1991)

Fundamental principles in the management of financial affairs of local governments,  114

Penal provisions, 118

Sec. 512. Withholding of benefits accorded to barangay officials,  118

Sec. 513. Failure to post and publish the itemized monthly collections and disbursements, 119

Sec. 80. Engaging in prohibited business transactions or possessing illegal pecuniary interest, 119

Sec. 517-a. Omission of property from assessment or tax rolls,  122

Sec. 517-b. Willful or negligent under assessment of real property, 122

Sec. 517-c. Failure to collect tax due on real property , 123

Sec. 518. Delaying assessment of real property or filing of assessment appeals, 123

Sec. 519-a. Failure to dispose of delinquent real property at public auction, 124

Sec. 519-b. Hindering disposal of delinquent real property at public auction,  124

Sec. 520. Unlawful award of contracts related to credit financing, 125

CIVIL SERVICE LAW
(Revised Administrative Code of 1987
on the Civil Service Commission)

General provisions on discipline

Sec. 46. Grounds for disciplinary action, 126

NOTES, 129

General provisions on discipline under Sec. 46 134

Penal provision 134

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ANNEXES

ANNEX “A” – – – ANTI-GRAFT AND CORRUPT PRACTICES ACT, 137

ANNEX “B” – – – CODE OF CONDUCT AND ETHICAL STANDARDS FOR PUBLIC OFFICIALS AND EMPLOYEES, 147

ANNEX “C” – – – RULES AND REGULATIONS IMPLEMENTING R.A. NO. 6713, 164

ANNEX “D” – – – ANTI-RED TAPE ACT, 194

ANNEX “E” – – – THE PLUNDER LAW,  204

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INDEX, 208

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