J.

Knowingly approving or granting any license, permit, connections, and professional employment all giving rise
privilege or benefit in favor of any person not qualified to intimacy which assures free access to such public
for or not legally entitled to such license, permit, privilege officer.
or advantage, or of a mere representative or dummy of
one who is not so qualified or entitled. (b) It shall be unlawful for any person knowingly to
induce or cause any public official to commit any of the
Ø Requires knowledge offenses defined in Section 3 hereof.
Ø GF may be a defense
Persons Liable
The prosecution proved each element of Section 3(j) of Private Persons
RA 3019 which are as follows: (1) that the offender is a Liability attaches when the private persons acts in
public officer; (2) that he/she knowingly approved or conspiracy with public officer.
granted any license, permit, privilege or benefit; and (3)
that the license, permit, privilege or benefit was granted Conspiracy
in favor of any person not qualified or not legally entitled "the act of one is the act of all"
to such license, permit, privilege or advantage, or in favor Unity of purpose & unity in the execution
of a mere representative or dummy of one who is not A conspiracy exists when two or more persons come to
qualified or entitled. an agreement concerning the commission of a felony and
decide to commit it.
There’s one case in connection to this unlawful act that
when a public officer knowingly approved or granted a Influence Peddling & Family Ties
permit in favor of the liga ng mga brgy to hold cockfights Section 4, RA 3019 - Prohibition on Private
despite knowing that holding such is prohibited by law to Individuals
the detriment of public service. Act or acts of using one's influence in government or
connections with persons in authority in order to obtain
K. Divulging valuable information of a confidential a favor or preferential treatment for another person in
character, acquired by his office or by him on account of return for material remuneration.
his official position to unauthorized persons, or releasing
such information in advance of its authorized release WHO ARE INVOLVED
date. 1 Person having some business, transaction,
application, request or contract with the
Ø May involve violation of DPA government
Ø One example here is that when the anti-corruption 2 Public officer who intervenes with business,
group Citizens Crime Watch has sued former transaction, application, request or contract
commissioner Rowena Guanzon (COMELEC) for 3 Influence peddler (private person)
unlawfully divulging confidential information in the
disqualification case against then president aspirant That they capitalizes or exploits or takes advantage of
and now president-elect Bongbong Marcos. such family or close personal relation by directly or
Ø She disclosed that she voted to grant the petitions to indirectly requesting or receiving any present, gift,
disqualify Bongbong from the presidential elections. material or pecuniary advantage from any person having
She said then that there was a deliberate effort to some business, transaction, application, request or
delay the decision on the petitions so that her vote contract with the government; and,
would not be counted as she was to retire on Feb. 2.
Section 4b: private person knowingly inducing or
Section 4. Prohibition on private individuals. causing public officers to commit any of the prohibited
acts are also liable.
(a) It shall be unlawful for any person having family or
close personal relation with any public official to It was ruled in the case of Canlas v. People, G.R. Nos.
capitalize or exploit or take advantage of such family or 236308- 09, February 17, 2020 that "private persons,
close personal relation by directly or indirectly requesting when acting in conspiracy with public officers, may be
or receiving any present, gift or material or pecuniary indicted and, if found guilty, held liable for the pertinent
advantage from any other person having some business, offenses under Section 3 of RA 3019, in consonance with
transaction, application, request or contract with the the avowed policy of the anti-graft law to repress certain
government, in which such public official has to acts of public officers and private persons alike
intervene. Family relation shall include the spouse or constituting graft or corrupt practices act or which may
relatives by consanguinity or affinity in the third civil lead thereto.
degree. The word "close personal relation" shall include
close personal friendship, social and fraternal
Elements: 3. “within thirty (30) days after separation from the
service.“
1) That the offender has family or close personal relation
with a public official; Section 8. Dismissal due to unexplained wealth. If in
accordance with the provisions of Republic Act
2) That he capitalizes or exploits or takes advantage of Numbered One thousand three hundred seventy-nine, a
such family or close personal relation by directly or public official has been found to have acquired during his
indirectly requesting or receiving any present, gift, incumbency, whether in his name or in the name of other
material or pecuniary advantage from any person having persons, an amount of property and/or money manifestly
some business, transaction, application, request or out of proportion to his salary and to his other lawful
contract with the government; and, income, that fact shall be a ground for dismissal or
removal.
3) That the public official with whom the offender has
family or close personal relation has to intervene in the Properties in the name of the spouse and unmarried
business transaction, application, request, or contract children of such public official may be taken into
with the government. (Disini v. Sandiganbayan, G.R. Nos. consideration, when their acquisition through legitimate
169823-24, 174764-65, 11 September 2013) means cannot be satisfactorily shown.

Section 7. Statement of assets and liabilities. Every public Bank deposits shall be taken into consideration in the
officer, within thirty days after the approval of this Act or enforcement of this section, notwithstanding any
after assuming office, and within the month of January of provision of law to the contrary.
every other year thereafter, as well as upon the expiration
of his term of office, or upon his resignation or separation Administrative liability: The circumstances hereinabove
from office, shall prepare and file with the office of the mentioned shall constitute valid ground for the
corresponding Department Head, or in the case of a Head administrative suspension of the public official
of Department or chief of an independent office, with the concerned for an indefinite period until the investigation
Office of the President, or in the case of members of the of the unexplained wealth is completed.
Congress and the officials and employees thereof, with
the Office of the Secretary of the corresponding House, a Section 9. Penalties for violations. (a) Any public officer
true detailed and sworn statement of assets and liabilities, or private person committing any of the unlawful acts or
including a statement of the amounts and sources of his omissions enumerated in Sections 3, 4, 5 and 6 of this Act
income, the amounts of his personal and family expenses shall be punished with imprisonment for not less than one
and the amount of income taxes paid for the next year nor more than ten years, perpetual disqualification
preceding calendar year: Provided, That public officers from public office, and confiscation or forfeiture in favor
assuming office less than two months before the end of of the Government of any prohibited interest and
the calendar year, may file their statements in the unexplained wealth manifestly out of proportion to his
following months of January. salary and other lawful income.

SALN stands for Statement of Assets, Liabilities, and Net For violation of section 3 (unlawful acts), 4 (for private
Worth. It is a declaration of assets (i.e., land, vehicles, etc) individuals), 5( on certain relatives, and 6 (on members
and liabilities (i.e., loans, debts, etc), including business of congress)
and financial interests, of an official/employee, of his or
her spouse, and of his or her unmarried children under -----first parag
18 years old still living in their parents’ households. The
submission of a SALN is required by law under Article XI Principal penalty – dismissal from the service, punished
Section 17 of the 1987 Constitution and Section 8 of with imprisonment for not less than one year nor more
Republic Act No. 6713, the “Code of Conduct and Ethical than 10 years
Standards for Public Officials and Employees.”
Accessory penalty – forfeiture of retirement benefits
All public officials and employees, whether regular or (GSIS), disqualification to hold office (perpetual
under temporary status, are required to file a SALN. disqualification) ---di ka na pwedeng kawani ng govt
habang buhay and cancellation of civil service eligibility.
The SALN must be filed:
And take note that as a general rule, you are suspended
1. “within thirty (30) days after assumption of office; from government office once a case filed in court
2. “on or before April 30, of every year thereafter; violating RA3019
and