1) State the Title of your policy. Provide background of the policy i.

e date of passage,
sponsors. What is the current status of the policy? What is/ are the issues being
addressed by the policy? Provide pertinent data or information on the issue.

REPUBLIC ACT NO. 3019

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.

RA 3019 was enacted on August 17, 1960

What is the current status of the policy?

The current status of policy is the new law extends the prescriptive period in filing cases
against from 15 years to 20 years for violators of Republic Act No. 3019, or the "Anti-Graft and
Corrupt Practices Act," as amended.

Koko said the new prescriptive period would ensure that those who violate the existing Graft
Law can still be held accountable for up to 20 years after the discovery of their act. The new law
is in compliance with the provisions of the United Nations Convention Against Corruption
(UNCAC) to which the Philippines is a signatory of.

The Senate and the House came up with the final version of the proposal prior to the
congressional sine die adjournment last June 6, 2016.

The Senate approved on third and final reading its version of the measure, Senate Bill 2422,
last May 25, 2015 while the House of Representatives approved its own measure, House Bill
4146 in April 2014. On May 23, 2016, the House adopted Senate 2422 as an amendment to HB
4146.

The adopted bill seeks to amend Section 11 of RA 3019, so that "all offenses punishable
under the Act shall prescribe in 20 years."
 When RA 3019 was enacted on August 17, 1960, the original prescriptive period was 10
years. When the law was amended on March 16, 1982 by virtue of Batas Pambansa Bilang 195,
which amended Sections 8, 9, 10, 11 & 13 of RA 3019, the prescriptive period was changed to
15 years.

What is/ are the issues being addressed by the policy?

A. Filipino Culture and Corruption

Corruption has been viewed as a “cultural and psychological phenomenon in a country

marked by incompatible legal and cultural norms” (Tapales 1995:407). The former emphasizes
“rationality and universal principles of action” as against and in conflict with “reliance and
obligation toward kinship, friendship and primary groups” (Bautista 1982). This dispute is
illustrated by using the alibi of a gift-giving culture to justify bribery and extortion, or by Filipino
consideration of the other (pakikipagkapwa-tao) to justify giving advantages to unqualified but
personally renowned recipients.

It's a real problem, but it can be overblown. For example, both culture and law describe
corruption and rectitude instances likewise. The relatives of one can ostracize a bureaucrat
who chooses to remain within the law. However, the government may leave them alone unless
they compromise their formal position

The concept of cultural recognition of corruption also requires to be re-examined in the light
of a series of public opinion polls in which the Filipinos say it is a major issue. This is also
criticized by the press, church pastoral letters and other culturally valued sources. Indeed, the
long list of legislation implemented against them shows that graft and corruption are not colonial
impositions, but the Filipinos themselves.

B. Public Perception of Graft and Corruption

In a speech in 1988, Jaime Cardinal Sin, Archbishop of Manila, stated that “corruption was
the biggest problem of them all” (Murphy, October 9, 1988). In 1989, after months of declaring
the rectitude of the government she heads, President Corazon C. Aquino despaired, “Corruption
has returned, if not on the same scale, at least with equal shamelessness (Cagurangan, 1989).”

Apparently, many Filipinos are in agree with her. In a study undertaken by the Social
Weather Station (SWS) in Metro Manila in July 1989, a renowned public opinion polling
company, as many as 58 per cent of participants agreed that, considering present
circumstances, corrupt government representatives are a higher danger to the nation than the
NPA (New People's Army, Communist guerrillas who lost ground after Aquino took office)

Those who were satisfied with the performance of the Aquino administration in the fight
against graft and bribery reduced from 72% in March 1987 to 26% in July 1989 (Guidote, 1989).
In her State of the Nation Address in July 1989, President Aquino expressed the people's
exasperation that she would leave as a problem the very issue that she wished to leave as a
heritage: a clean and accountable government.

C. The Magnitude of and Losses due to Corruption

Total losses due to corruption are difficult to anticipate, the most appropriate measure is the
quantities engaged in instances lodged with the Ombudsman. The Office of the Ombudsman
(OMB) revealed that some P9 billion had been lost to the state owing to malversation, fraud and
infringement of the provisions of RA 3019 (Anti-Graft and Corrupt Practices Act) for a period of
eight and a half years (1990 to June 1998) (OMB 1998). 63 organizations and departments
contributed to the losses in the Ombudsman's report. However, the top ten of these
organizations alone accounted for nearly P8.5 billion.

Although these quantities are large, bigger amounts are engaged in instances involving the
Marcoses. The cash value of instances lodged against Marcoses involving the same offenses
(malversation, fraud and RA 3019 infringements) for the same period was P1.117 billion from
the Office of the Special Prosecutor under the Ombudsman. These include instances of behest
loans, both on file and under review and inquiry, forfeiture cases, PCGG retrieval instances,
criminal cases against Marcos, and criminal cases against other government authorities.

The Ombudsman claimed that "the state has lost P1.4 trillion and continues to lose P100 M
every day since the Office began investigating bribery in government since 1988. This is also po
inted out by President Joseph Estrada when he said," at least P24.13 B of what the Philippine g
overnment spent last year on multiple projects was lost to grafting and corruption, or scarcely 20
% of all project funds are lost to grafters.
 2) Relate the best Policy model to your policy.

Our group choose Streams and Window Model

Explain why model suits your policy analysis and its significance to your policy?

This policy model help us to addressed our issues regarding anti graft and corruption.
Policy makers can known easily what will be the outcome of policy, this model help us to
undertaken to achieve our goal to addressed about anti graft and corruption, lastly this model
can focus and each can help understand different things about public policy. John Kingdon
conceptualized the 3 streams which is Problem,Political and Policy this streams can help us to
understand more what policy that we study.

3) Relate the Public Policy Process model you have chosen in addressing the issues of
your policy?

Focuses on particular issues for both government and policy makers

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.

The problem of R.A 3019 because of Filipino Culture and Corruption, Corruption has
been viewed as a “cultural and psychological phenomenon in a country marked by incompatible
legal and cultural norms” (Tapales 1995:407).

The Public Perception of Graft and Corruption in a speech in 1988, Jaime Cardinal Sin,
Archbishop of Manila, stated that “corruption was the biggest problem of them all” (Murphy,
October 9, 1988). In 1989, after months of declaring the rectitude of the government she heads,
President Corazon C. Aquino despaired, “Corruption has returned, if not on the same scale, at
least with equal shamelessness (Cagurangan, 1989).”

"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.
"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.

"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.

"Person"

Includes natural and juridical persons unless the context indicates otherwise.

Corrupt practices of public officers.

In addition to acts or comissions 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.

To persuade, induce or influence another public official to behave in violation of the laws
and regulations duly promulgated by the competent authority or to commit an offense in
connection with the official responsibilities of the latter, or to allow him to be persuaded, induce
or influenced to commit such a violence or offense.

Prohibition on private individuals

It is unlawful for any individual having a family or close private relationship with any
public official to capitalize on, exploit or take benefit of that family or close private relationship by
directly or indirectly requesting or receiving any donation, gift or material or pecuniary benefit
from any other individual having any company, transaction, request, request or agreement with
the government. The family relationship shall include the wife or parents by consanguinity or
affinity in the third civil degree. The word "close personal relationship" includes close private
relationship, social and fraternal ties and professional jobs, all of which give rise to an intimacy
that ensures free access to such a public official.
 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.

Prohibition on certain relatives.

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.

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.

Statement of assets and liabilities.

Every public officer, within thirty days after assuming office, thereafter, on or before the
fifteenth day of April following the close of every calendar year, 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, a true, detailed 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 first statement on or before the fifteenth day of
April following the close of the said calendar year. (As amended by RA3047, PD 677, January
24, 1978).
Prima facie evidence of and 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.

Penalties for violations

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 six years and one month nor more than fifteen 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 public officer violating any of the provisions of Section 7 of this Act shall be punished
by a fine of not less than one thousand pesos nor more than five thousand pesos, or by
imprisonment not exceeding one year and six months, or by both such fine and imprisonment,
at the discretion of the Court.

Competent court

Until otherwise provided by law, all prosecutions under this Act shall be within the
original jurisdiction of the Sandiganbayan. (As amended by BP Blg. 195, March 16, 1982) Until
otherwise provided by law, all prosecutions under this Act shall be within the original jurisdiction
of the Sandiganbayan. (As amended by BP Blg. 195, March 16, 1982).

Prescription of offenses.

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

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
Suspension and loss of benefits

Any incumbent public officer against whom any criminal prosecution under a valid
information under this Act or under Title Seven Book II of the Revised Penal Code or for any
offense involving fraud upon government or public funds or property whether as a simple or as
complex offense and in whatever stage of execution and mode of participation, is pending in
court shall be suspended from office.

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.

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

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.

4) As a Policy Scientist, what is/ are your important role to your chosen policy?

Policy Scientist and People in ethics and accountability are needed. Paying the proper
taxes, obeying regulations, being well informed about government services these are only the
first steps in moving to a disciplined but democratic society. In addition, support for politicians
who promote causes rather than just their charm and personality would also make the line of
accountability clearer. The development of parties with coherent platforms should then be a
focus of people’s participation, to tie up with the reforms suggested above. These are all in
addition to the encouragement of NGOs that are non-partisan in exposing corruption and
bringing violators to justice. The start of many of these measures has already been made. They
are in tune with democratic principles, as well as the culture. One hopes that many more
financial, human and moral resources will be placed at the service of accountability in the
country.

5) What could be possible limitations to your chosen model?

The limitation of our model is there will be inherently untrustworthy in the issue that we
choose regarding anti-graft and corruption and this model cannot tell us to discriminate,
describe, predict, evaluate or recommend since our issue in anti-graft and corruption are will be
have big impact in the society it can lead the decision makers to ignore the non-model based
that will recommend.
 REPUBLIC ACT NO. 3019

ANTI-GRAFT AND CORRUPT PRACTICES ACT

Darunday, Michael James

De Chavez Charlotte D.
Golosino Vincent Eugene
Lucero, John Paul
Landicho, Justin Kyle
Macapallag, Jan Paul
Maderazo, Mark Angelo B.
Vergara, Monique
Valenzuela, Brian