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SURVEY
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| What
would you consider the most costly consequence of corruption
in our country? |
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What
is a Public Officer? |
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| Under
section 2 of Republic Act No. 3019, a "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.
In Republic Act No. 6713, "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. |
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What
is a Gift? |
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| "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. In Republic Act No. 6713, it 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. |
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What
do we mean by "receiving any gift"? |
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| "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. |
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What
is a Person? |
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| "Person"
includes natural and juridical persons. This means that
a "person" is not only a natural born person,
but includes artificial persons such as corporations or
local governments. |
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What
acts constitute "corrupt practices"? |
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"Corrupt
practices" include:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
"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.
"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.
"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.
"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. |
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When
is there a "conflict of interest"? |
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| "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. |
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What
do we mean by "family of public officials or employees"?
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| "Family
of public officials or employees" means their spouses
and unmarried children under eighteen (18) years of age.
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What
do we mean by "relatives"? |
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| "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. |
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