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Republic Act No. 3019· Enacted 1960-08-17

Anti-Graft and Corrupt Practices Act (RA 3019) — BatasKo ELI5

RA 3019 defines corrupt practices ng public officials — from bribery to overpriced contracts. Learn what counts as graft, who can be reported, and how.

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Ang Batas sa Madaling Salita— ELI5

RA 3019, the Anti-Graft and Corrupt Practices Act, lists 11 specific acts that public officials cannot do — including accepting bribes, entering into overpriced government contracts, and giving unwarranted favors. Violators face 1 to 10 years in prison and permanent disqualification from public office.

Official text — Republic Act No. 3019

Jump to section ↓17 sections

Preamble

REPUBLIC ACT No. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Section 1

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

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.→

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.

(d) 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.

(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.→

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.→

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.→

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.

Show 10 more sections +→
Section 7 — Statement of assets and liabilities.→

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.→

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.→

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.→

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.→

Section 11.

Prescription of offenses.

All offenses punishable under this Act shall prescribe in ten years.

Section 12 — Termination of office.→

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.→

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.→

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.→

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.→

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

The Lawphil Project - Arellano Law Foundation

Full text on BatasKo. Original source: Official Gazette / Lawphil.

Naalala mo ba yung barangay official na humingi ng "ayuda" bago ka makatanggap ng government assistance? O yung contractor na kilala ng lahat na nanalo dahil kaibigan ng opisyal — kahit mahal ang bid?

That is graft. And in the Philippines, it has been illegal since 1960.

ELI5: RA 3019 lists the specific acts that count as graft or corruption when done by a public official — accepting gifts in exchange for favors, entering into bad government contracts, giving unwarranted advantages to friends. The punishment is 1 to 10 years in prison, permanent ban from public office, and forfeiture of ill-gotten wealth.

Real Filipino Scenario

Carlo is a barangay captain in Davao City. A hardware supplier approaches him about a barangay infrastructure project. The supplier offers Carlo ₱50,000 in cash in exchange for being awarded the contract — even though his bid is 30% higher than the others.

Carlo accepts the money and awards the contract.

Under Section 3(b) of RA 3019, Carlo just committed graft. He "directly or indirectly request[ed] or receiv[ed] any gift, present, share, percentage, or benefit... 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."

The supplier is also guilty. Section 3's final paragraph makes clear: the person giving the gift is punished together with the offending public officer — and both may be permanently disqualified from transacting business with the government.

Carlo faces 1 to 10 years imprisonment, perpetual disqualification from public office, and forfeiture of the ₱50,000 (Section 9a). The Sandiganbayan — the anti-graft court — has jurisdiction over this case.

What the Law Actually Says

Section 3 — The 11 Prohibited Acts of Public Officers

This is the heart of RA 3019. It covers:

(a) Influencing a fellow official — Convincing another public officer to violate rules or commit offenses in their official capacity.

(b) Accepting bribes for contracts — Requesting or receiving any gift, money, or benefit in exchange for intervening in a government contract or transaction.

(c) Accepting bribes for permits or licenses — Receiving any benefit from a person for whom you helped obtain a government permit or license.

(d) Family employment conflict — Allowing family members to accept employment in a private company that has pending government business with you (within one year of that business ending).

(e) Giving unwarranted favors — Causing injury to the government or giving a private party unjustified benefits through partiality, bad faith, or gross negligence. This covers corrupt licensing officials and government regulators.

(f) Deliberate delay — Refusing to act on a matter to extract a bribe or favor.

(g) Entering into bad contracts — Signing government contracts that are manifestly and grossly disadvantageous to the government — whether or not the official personally profited.

(h) Conflict of interest in contracts — Having undisclosed financial interest in any transaction you are supposed to decide on officially.

(i) Conflict of interest in board decisions — Having personal financial interest in matters decided by a board or panel you are a member of.

(j) Approving unqualified licenses — Knowingly granting licenses or permits to people who are not qualified or entitled.

(k) Leaking confidential government information — Disclosing confidential information acquired through official position to unauthorized persons, or releasing it ahead of the authorized release date.

Section 7 — Statement of Assets and Liabilities (SALN)

Every public official must file a SALN within 30 days of taking office, every January, and upon leaving office. The SALN must include assets, liabilities, income sources, and income taxes paid. Failure to file is a criminal offense.

Section 8 — Unexplained Wealth

If a public official has accumulated wealth that is clearly disproportionate to their salary and known lawful income, that is grounds for dismissal. Bank deposits count.

Section 9 — Penalties

  • Imprisonment: 1 to 10 years (for violations of Sections 3, 4, 5, 6)
  • Perpetual disqualification from public office
  • Forfeiture of prohibited interest and unexplained wealth
  • SALN violations: Fine of ₱100 to ₱1,000, or up to 1 year imprisonment, or both

Section 12 — Cannot Resign to Escape Investigation

A public officer under investigation or prosecution cannot resign or retire to avoid accountability. The case continues even after they leave office.

Section 13 — Automatic Suspension While Case Is Pending

Any public officer with a valid criminal information filed under RA 3019 is automatically suspended from office while the case is in court. If convicted, they lose all retirement benefits.

What This Means for You

If you are a private citizen dealing with a public official, you have rights:

  • You do not have to pay a bribe to get a permit, license, or government service you are legally entitled to
  • If an official demands money or a favor, that demand itself is already graft under Section 3(b) or (c)
  • You can report them — and the law protects you if you do (the official cannot retaliate by denying your application, because that would also be a graft offense under Section 3e or 3f)

If you are a public official: the law applies to you regardless of rank. Barangay officials, mayors, senators, cabinet secretaries — all are covered. "Public officer" is defined broadly in Section 2(b) to include all elective and appointive officials, permanent or temporary, who receive government compensation.

What Most Filipinos Get Wrong

"Pamaskong regalo lang naman — hindi naman ito bribe." Section 2(c) specifically says "receiving any gift" includes gifts given on occasions like Christmas, if the value is "manifestly excessive under the circumstances." Small, genuine tokens of gratitude are exempted under Section 14 — but anything that looks like compensation for a favor is not.

"Hindi naman nasira ang gobyerno — okay lang ang kontrata." Under Section 3(g), entering into a manifestly disadvantageous contract is illegal whether or not the government actually lost money and whether or not the official personally gained. The act itself is the crime.

"Pinayagan ko syang i-resign para matigil na yung iskandalo." Section 12 forbids public officers from resigning to escape a pending investigation or prosecution. Resignation does not stop the case.

"Ako lang ang magreklamo — baka ikaw pa ang mahuli." The law incentivizes complainants. Under Section 9(a), if you filed the complaint that led to conviction, you have the right to recover — with priority over government forfeiture — any money or property you gave to the official.

What to Do If Your Rights Are Violated

  1. Document the corrupt act. Write down exactly what happened: date, time, location, what was asked or done, who was present. Keep any physical evidence — text messages, receipts, official documents denied or delayed.

  2. File a complaint with the Office of the Ombudsman. The Ombudsman has primary jurisdiction over graft cases. File at the Ombudsman Central Office in Quezon City or at regional offices. Hotline: (02) 8479-7300. Website: www.ombudsman.gov.ph

  3. File with the Sandiganbayan (for cases involving higher-level officials). The Sandiganbayan is the anti-graft court for public officials with salary grade 27 and above. For lower-level officials, the regular Regional Trial Court has jurisdiction.

  4. Report to the Civil Service Commission (CSC). For administrative (not criminal) violations, the CSC can investigate and dismiss erring officials. Website: www.csc.gov.ph

  5. Contact the Presidential Anti-Corruption Commission (PACC) for high-profile or systemic graft. You can also use the government's corruption complaint line at 8888.

Related Laws

Frequently Asked Questions

Q: Paano ko malalaman kung may SALN ang isang public official?

SALNs of most government officials are public documents. You can request a copy from the official's agency. The Ombudsman's office also maintains SALN records for higher officials. Civil society organizations regularly publish SALN analyses before elections.

Q: Puwede bang mag-file ng reklamo nang anonymous?

The Ombudsman accepts anonymous complaints, but these carry less evidentiary weight. A signed, sworn complaint is stronger. The Ombudsman can also initiate cases motu proprio (on its own initiative) even without a private complainant.

Q: Ilang taon ang prescription ng graft case?

Under Section 11 of RA 3019, all offenses under the Act prescribe in 10 years from the date of the offense or from discovery, whichever is later. // TODO: Verify current prescriptive period rules with the latest Ombudsman jurisprudence — courts have sometimes tolled prescription during the pendency of preliminary investigations.

Sources

Disclaimer: This article provides general legal information only and does not constitute legal advice. Laws may be amended or interpreted differently by courts. For advice on your specific situation, consult a licensed Filipino lawyer or contact the Public Attorney's Office (PAO) at 1-800-10-PAO-8888.

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Legal disclaimer: BatasKo provides general legal information, not legal advice. For your specific situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO).

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