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GRAFT

&
CORRUPTION
ZENDEL MENDEZ-FERNANDEZ
PA 209
RULES IN DISCUSSION:

1. Listen respectfully, without interrupting.


2. Listen actively and with an ear to understanding others' views.
3. Criticize ideas, not individuals.
4. Commit to learning, not debating. Comment in order to share information, not to
persuade.
5. Avoid blame, speculation, and inflammatory language.
6. Avoid assumptions about any member of the class or generalizations about social
groups. Do not ask individuals to speak for their (perceived) social group.
7. If you have enough knowledge on the topic, you may share but do not humiliate the
reporter in front of the class. Remember, we are all LEARNERS and it takes experience to
master a certain craft.
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LEARNING OBJECTIVES:

AFTER THIS PRESENTATION, YOU SHOULD BE ABLE TO:

1. DEFINE GRAFT & CORRUPTION


2. IDENTIFY THE DIFFERENCE BETWEEN GRAFT & CORRUPTION
3. KNOW THE FORMS OF GRAFT & CORRUPTION
4. LEARN THE PREVENTIVE MEASURES OF GRAFT & CORRUPTION
5. OVERVIEW OF RA 3019
6. ANTI-GRAFT COURT’S TOP 10 CASES

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VIDEO PRESENTATION

GRAFT & CORRUPTION

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WHAT IS GRAFT?

✓ is a form of corruption but an individual act, being


the unscrupulous use of a politician's authority for
personal gain.

✓ is acquisition of goods, money, position and other


forms of profit by dishonest or questionable means.

✓ does not NECESSARILY involve transactions among


officials or between officials with clients.
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WHAT IS CORRUPTION?

✓ dishonest or illegal behavior especially by


powerful people (such as government officials or
police officers).
✓ it is the INDUCEMENT of an official or office
personnel by improper means (as bribery) to
violate duty (as by committing a felony).

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FORMS OF GRAFT & CORRUPTION

1. ON MONEY MATTERS:
a. Malversation of fund – disbursing money for purposes other than the
intended one for which it is appropriated.

b. Bribery – offering, giving, receiving, or soliciting of any item of


value to influence the actions of an official or other person in charge
of a public or legal duty.

c. Gift Money – providing awards or gifts as a reward of a project.

d. High Percentage “CUT” on projects funded by an awarding official to the result that only a small remaining
percentage goes to the project
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FORMS OF GRAFT & CORRUPTION

1. ON MONEY MATTERS:
e. Not following plan specifications by contactors in construction
projects in order to get more profit

f. Grease Money or UNDER THE TABLE cash given to an official for quick
processing of papers

g. Payroll – padding and ghost employees

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FORMS OF GRAFT & CORRUPTION

2. DERELICTION OF DUTY:
a. Habitual tardiness in reporting to office work;

b. Unpreparedness for work due to negligence;

c. Spending office hours in reading newspaper

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FORMS OF GRAFT & CORRUPTION

3. SMUGGLING
 a secret movement of goods across national boarders to evade Customs duties or import or export
restrictions

 Illegal transportation and distribution of information or people across national


boarders.
 evasion of Excise Taxes on goods by circumvention of border controls

EXCISE TAX - legislated tax on


specific goods or services at
purchase such as fuel, tobacco, and
alcohol
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FORMS OF GRAFT & CORRUPTION

4. OTHER FORMS
 Demanding a job applicant to promise the first salary in exchange for a job.

 Demanding a failing student to pay an amount of money for passing grade.

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PREVENTIVE MEASURES:

1. State Policies Sec 27 of the 1986 constitution: The senate shall maintain honesty and integrity in the
public service and take positive and effective measures against graft and corruption.
2. The office of the Ombudsman is the official authorized to receive and act on complaints against
government officials who misbehaved.

3. The anti-graft court is known as the Sandiganbayan and Tanodbayan is also known as the Special
Prosecutor..

4. The Congress of the Philippines has a “blue ribbon commission” with the responsibility of investigating
anomalies in government in aid of legislation.

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WHAT IS RA 3019?

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.

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WHAT IS RA 3019?

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:

1. Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulation.
2. Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person
3. Accepting or having any member of his family accept employment.
4. Causing any undue injury to any party, including the Government.
5. Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time.
6. Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same.
7. Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction

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WHAT IS RA 3019?

SECTION 9 - Penalties for violations.


a. Any public officer or private person committing any of the unlawful acts or omissions enumerated in
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.

b. Any public officer violation any of the provisions of Section 7 (Statement of Assets and Liabilities) 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

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Anti-graft court's Top 10 cases in Ph:

1. P4.098 billion ($94.05 million) – plunder case vs former president Joseph Estrada and 7
others. STATUS:ESTRADA WAS CONVICTED
2. P818 million ($18.77 million) – graft case vs officials of Philippine Export and Foreign Loan
Guarantee Corporation (Philguarantee) and two others. STATUS:CASE DISMISSED IN 1998
3. P694 million ($15.93 million) – graft case vs National Sugar Trading Corporation
(NASUTRA) officials. STATUS: CASE DISMISSED IN 1997
4. P685 million ($15.72 million) – graft case vs judiciary employees and 4 others.
STATUS: TRANSFERRED TO ANOTHER COURT IN 1995
5. P660 million ($15.15 million) – graft case vs Government Service Insurance System (GSIS)
officials. STATUS: WITHDRAWN BY THE OFFICE OF THE SPECIAL PROSECUTOR IN 2001.
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Anti-graft court's Top 10 cases in Ph:

6. P533 million ($12.23 million) – 2003 graft case vs Public Estates Authority (PEA) officials
and 6 state auditors. STATUS: PENDING
7. P520 million ($11.93 million) – graft case vs former trade minister Roberto Ongpin, former
Bangko Sentral ng Pilipinas chief Jaime Laya, and former Philguarantee president Rosendo
Bondoc. STATUS: CASE DISMISSED IN 2003 & 2004
8. P511 million ($11.73 million) – graft case vs former Philippine National Bank (PNB) vice
president Domingo Ingco Sr and two others. STATUS: CASE DISMISSED IN 1997
9. P432 million ($9.91 million) – graft case vs. Development Bank of the Philippines (DBP)
officials. STATUS: SISON WAS ACQUITED IN 2012
10. P400 million ($9.18 million) – graft case vs Gregorio Araneta III (son-in-law of former
president Marcos) and 8 others. STATUS: CASE DISMISSED IN 1986 17
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THANK YOU!

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