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Laurel vs. Desierto [G.R. No. 145368 April 12, 2002]

Post under case digests, Political Law at Posted by Schizophrenic MindFats! President Corazon C. Aquino issued Administrative rder !o. ""# $constituting a Committee whichwas mandated $to ta%e charge o& the nationwide preparations &or the !ational Celebration o& the PhilippineCentennial o& the 'eclaration o& Philippine (ndependence and the (nauguration o& the MalolosCongress.$Subsequently, President )idel *. +amos issued -ecutive rder !o. "/, $reconstituting the saidCommittee and renamed it as the $!ational Centennial Commission.$ Appointed to chair was *icePresident Salvador 1. Laurel. Presidents 'iosdado M. Macapagal and Corazon C. Aquino were named

1onorary Chairpersons.

*ice President Laurel by virtue o& his chairmanship also became the chairman o& 2PC+P, a corporationorganized to underta%e the )reedom +ing Pro3ect in relation to the centennial celebration. Later in 444,investigation was conducted by an independent committed due to allegations o& gra&t and corruptionagainst Laurel as !CC and 2PC+P chair. 5he committee recommended the 6ling o& charges by thembudsman upon which the 7ce o& the mbudsman too% cognizance o& the case. Laurel thenquestioned the 3urisdiction o& the mbudsman by 6ling this petition, saying that 89 2PC+P wasa private corporation, 8"9 that !CC is not a public o7ce and 8#9 that he is not a public o7cer as de6ned inthe Anti0:ra&t and Corrupt Practices Act.

"ssue! ;hether or not the contentions o& *ice President Laurel are correct.

#el$! !o. 5he mbudsman has the power to investigate any mal&easance, mis&easance and non0&easanceby a public o7cer or employee o& the government, or o& any subdivision, agency or instrumentalitythereo&, including government0owned or controlled corporations. 1owever, is !CC a public o7ce< =es, it isbecause ite-ercises e-ecutive &unctions by implementing the policies set &orth in the Constitutionregarding history and cultural heritage, thus satis&ying an important element o& public o7ce> thedelegation o& sovereign &unctions. (t also &ollows that Laurel is a public o7cer. 5hat he did not receivecompensation is o& no consequence. A salary is a usual but not a necessary criterion &or determining thenature o& the position. (t is not conclusive. 5he salary is a mere incident and &orms no part o& the o7ce.

;here a salary or &ees is anne-ed, the o7ce is provided &or it is a na%ed or honorary o7ce, and issupposed to be accepted merely &or the public good. 1ence, the o7ce o& petitioner as !CC Chair may becharacterized as an honorary o7ce, as opposed to a lucrative o7ce or an o7ce o& pro6t, i.e., one to whichsalary, compensation or &ees are attached. (t bears noting that under Section # 8b9 o& +epublic Act !o.

?@# 85he Code o& Conduct and thical Standards &or Public 7cials and mployees9, one may beconsidered a public o7cial whether or not one receives compensation, thus> Public 7cials includeelective and appointive o7cials and employees, permanent or temporary, whether in the career or non0career service including military and police personnel, whether or not they receive compensationregardless o& amount.

%a&ipo& vs. 'a&$i(a&)a*a&Case where the deputy she riB said that hecan remedy the withdrawal o& the garnishedamount sothat they can have something &or!ew =ear.'irect bribery> 5he crime o& direct bribery asde6 ned i n " in +PC cons i s t s o & theB elements>9that the accused is a public o7cer"9 th at he rec ei ve d di re ct ly or th ro ug h

an ot he r some gi&t or present, oBer or promise#9 th a t su ch gi &t , pr es en t or pr om is e ha sbeengiven ion consideration o& his commission o& some crime, or any act not consti tut iong acr ime,or to re&rain & rom doing someth ingwhich it is his o7cial duty to do andD9that the crime or actrelates to the e-ercise o& his &unctions as public o7cer

5he promise o& a public o7cer to per&orm an iact or to re&rain &rom doing it may be e-pressor implied.

Dau+as vs. 'a&$i(a&)a*a&

5he settlement o& ta- liability which reducedthe ta- o& the +evilla (nteriors.Pull ing out assessment papers and the l i%ewa s no t pa rt o& hi s

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o7 c ia l du t i e s , thuselements &or direct bribery were not all met.Fesides the promised act was not impossibleto carry out given his "4 years in service, hesurely %nowshis way around. 8e-pandedmeaning o& o7cial duties9

R-'"D-N"AL D-/R-- No. 46 Nove+)er 10, 12%A"NG " N"'#AL- FR L"/ FF"/"AL' AND -%L--' R-/-"7-, AND FR

R"7A- -R'N' G"7-, G"F' N AN //A'"N, "N/LD"NG /#R"'%A'

;1+AS, under e-isting laws and the civil service rules, it is prohibited to receive, directly or indirectly,

any gi&t, present or any other &orm o& bene6t in the course o& o7cial dutiesG

;1+AS, it is believed necessary to put more teeth to e-isting laws and regulations to wipe out allconceivable &orms o& gra&t and corruption in the public service, the members o& which should not only behonest but above suspicion and reproachG and

;1+AS, the stoppage o& the practice o& gi&t0giving to government men is a concrete step in theadministrationHs program o& re&orms &or the development o& new moral values in the social structure o& thecountry, one o& the main ob3ectives o& the !ew SocietyG

!;, 51+)+, (, )+'(!A!' . MA+CS, President o& the Philippines, by virtue o& the powers vested inme by the Constitution as Commander0in0Chie& o& all the Armed )orces o& the Philippines, and pursuant toProclamation !o. / dated September ", 4@", and :eneral rder !o. dated September "", 4@", dohereby ma%e it punishable &or any public o7cial or employee, whether o& the national or locagovernments, to receive, directly or indirectly, and &or private persons to give, or oBer to give, any gi&tpresent or other valuable thing to any occasion, including Christmas, when such gi&t, present or othervaluable thing is given by reason o& his o7cial position, regardless o& whether or not the same is &or past&avor or &avors or the giver hopes or e-pects to receive a &avor or better treatment in the &uture &rom thepublic o7cial or employee concerned in the discharge o& his o7cial &unctions. (ncluded within theprohibition is the throwing o& parties or entertainments in honor o& the o7cial or employees or hisimmediate relatives.

)or violation o& this 'ecree, the penalty o& imprisonment &or not less than one 89 year nor more than 6ve8I9 years and perpetual disquali6cation &rom public o7ce shall be imposed. 5he o7cial or employeeconcerned shall li%ewise be sub3ect to administrative disciplinary action and, i& &ound guilty, shall be metedout the penalty o& suspension or removal, depending on the seriousness o& the oBense.

Any provision o& law, e-ecutive order, rule or regulation or circular inconsistent with this 'ecree is herebyrepealed or modi6ed accordingly.

5his 'ecree shall ta%e eBect immediately a&ter its publication.

'one in the City o& Manila, this th day o& !ovember, in the year o& ur Lord, nineteen hundred andseventy0two.

P' @D4> :+A!5(!: (MMJ!(5= )+M P+SCJ5(! 5 :(*+S ) F+(FS A!' 51+ :()5S A!' 5 51(+ ACCMPL(CS (! F+(F+= A!' 51+ :+A)5 CASS A:A(!S5 PJFL(C ))(C+S

;1+AS, public o7ce is a public trust> public o7cers are but servants o& the people, whom they mustserve with utmost 6delity and integrityG;1+AS, it has hereto&ore been virtually impossible to secure the conviction and removal o& dishonest

public servants owing to the lac% o& witnesses> the bribe or gi&t0givers being always reluctant to testi&yagainst the corrupt public o7cials and employees concerned &or &ear o& being indicted and convictedthemselves o& bribery and corruptionG;1+AS, it is better by &ar and more socially desirable, as well as 3ust, that the bribe or gi&t giver begranted immunity &rom prosecution so that he may &reely testi&y as to the o7cial corruption, than that theo7cial who receives the bribe or gi&t should be allowed to go &ree, insolently remaining in public o7ce, andcontinuing with his ne&arious and corrupt practices, to the great detriment o& the public service and thepublic interest.!;, 51+)+, (, )+'(!A!' . MA+CS, President o& the Philippines, by virtue o& the powers in mevested by the Constitution, do hereby decree and order that> Section . Any person who voluntarily gives in&ormation about any violation o& Articles ", ", and ""o& the +evised Penal CodeG +epublic Act !umbered 5hree 5housand !ineteen, as amendedG Section #DI o&

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the (nternal +evenue Code and Section #?D o& the 5ariB and Customs Code and other provisions o& thesaid Codes penalizing abuse or dishonesty on the part o& the public o7cials concernedG and other laws,rules and regulations punishing acts o& gra&t, corruption and other &orms o& o7cial abuseG and who willinglytesti6es against any public o7cial or employee &or such violation shall be e-empt &rom prosecution orpunishment &or the oBense with re&erence to which his in&ormation and testimony were given, and mayplead or prove the giving o& such in&ormation and testimony in bar o& such prosecution> ProvidedG that thisimmunity may be en3oyed even in cases where the in&ormation and testimony are given against a personwho is not a public o7cial but who is a principal, or accomplice, or accessory in the commission o& any o&the above0mentioned violations> Provided, &urther, that this immunity may be en3oyed by such in&ormant orwitness notwithstanding that he oBered or gave the bribe or gi&t to the public o7cial or his accomplice &orsuch gi&t or bribe0givingG and Provided, 6nally, that the &ollowing conditions concur>. 5he in&ormation must re&er to consummated violations o& any o& the above0mentioned provisions o& law,rules and regulationsG". 5he in&ormation and testimony are necessary &or the conviction o& the accused public o7cerG#. Such in&ormation and testimony are not yet in the possession o& the StateGD. Such in&ormation and testimony can be corroborated on its material pointsG andI. 5he in&ormant or witness has not been previously convicted o& a crime involving moral turpitude. Section ". 5he immunity granted hereunder shall not attach should it turn out subsequently that thein&ormation andKor testimony is &alse and malicious or made only &or the purpose o& harassing,molesting or in any way pre3udicing the public o7cer denounced. (n such a case, the public o7cer sodenounced shall be entitled to any action, civil or criminal, against said in&ormant or witness. Section #. All preliminary investigations conducted by a prosecuting 6scal, 3udge or committee, and allproceedings underta%en in connection therewith, shall be strictly con6dential or private in order to protectthe reputation o& the o7cial under investigation in the event that the report proves to be un&ounded or noprima &acie case is established. Section D. All acts, decrees and rules and regulations inconsistent with the provisions o& this decree arehereby repealed or modi6ed accordingly. Section I. 5his 'ecree shall ta%e eBect immediately.'! in the City o& Manila, this /th day o& uly, in the year o& ur Lord, nineteen hundred and seventy06ve.

R-L"/ A/ No. 13AN A/ D-/LAR"NG FRF-"R- "N FA7R F #- 'A- AN R-R FND #A7- --N

NLAFLL A/9"R-D AN L"/ FF"/-R R -%L-- AND R7"D"NG FR #-R/--D"NG' #-R-FR.

'etio& 1. Defnitions. 8a9 )or the purposes o& this Act, a $public o7cer or employee$ means any personholding any public o7ce or employment by virtue o& an appointment, election or contract, and any personholding any o7ce or employment, by appointment or contract, in any State owned or controlledcorporation or enterprise.

8b9 $ther legitimately acquired property$ means any real or personal property, money or securitieswhich the respondent has at any time acquired by inheritance and the income thereo&, or by gi&tinter vivos be&ore his becoming a public o7cer or employee, or any property 8or income thereo&9already pertaining to him when he quali6ed &or public o7ce or employment, or the &ruits andincome o& the e-clusive property o& the respondentHs spouse. (t shall not include>

. Property unlaw&ully acquired by the respondent, but its ownership is concealed by itsbeing recorded in the name o&, or held by, the respondentHs spouse, ascendants,

descendants, relatives, or any other person.". Property unlaw&ully acquired by the respondent, but trans&erred by him to another personor persons on or a&ter the eBectivity o& this Act.

#. Property donated to the respondent during his incumbency, unless he can prove to thesatis&action o& the court that the donation is law&ul.

'etio& 2. Filing o petition. ;henever any public o7cer or employee has acquired during his incumbencyan amount o& property which is mani&estly out o& proportion to his salary as such public o7cer or employeeand to his other law&ul income and the income &rom legitimately acquired property, said property shall bepresumed prima &acie to have been unlaw&ully acquired. 5he Solicitor :eneral, upon complaint by anyta-payer to the city or provincial 6scal who shall conduct a previous inquiry similar to preliminaryinvestigations in criminal cases and shall certi&y to the Solicitor :eneral that there is reasonable ground to

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believe that there has been committed a violation o& this Act and the respondent is probably guilty thereo&,shall 6le, in the name and on behal& o& the +epublic o& the Philippines, in the Court o& )irst (nstance o& thecity or province where said public o7cer or employee resides or holds o7ce, a petition &or a writcommanding said o7cer or employee to show cause why the property a&oresaid, or any part thereo&,should not be declared property o& the State> Provided, 5hat no such petition shall be 6led within one yearbe&ore any general election or within three months be&ore any special election.

5he resignation, dismissal or separation o& the o7cer or employee &rom his o7ce or employment in the:overnment or in the :overnment0owned or controlled corporation shall not be a bar to the 6ling o& thepetition> Provided, however , 5hat the right to 6le such petition shall prescribe a&ter &our years &rom the

date o& the resignation, dismissal or separation or e-piration o& the term o& the o7ce or employeeconcerned, e-cept as to those who have ceased to hold o7ce within ten years prior to the approval o& thisAct, in which case the proceedings shall prescribe a&ter &our years &rom the approval hereo&.

'etio& 3. 5he petition. 5he petition shall contain the &ollowing in&ormation>

8a9 5he name and address o& the respondent.

8b9 5he public o7cer or employment he holds and such other public o7ces or employment which hehas previously held.

8c9 5he appro-imate amount o& property he has acquired during his incumbency in his past andpresent o7ces and employments.

8d9 A description o& said property, or such thereo& as has been identi6ed by the Solicitor :eneral.

8e9 5he total amount o& his government salary and other proper earnings and incomes &romlegitimately acquired property, and

8&9 Such other in&ormation as may enable the court to determine whether or not the respondent hasunlaw&ully acquired property during his incumbency.

'etio& 4. Period or the answer. 5he respondent shall have a period o& 6&teen days within which topresent his answer.

'etio& 5. Hearing. 5he Court shall set a date &or a hearing, which may be open to the public, and duringwhich the respondent shall be given ample opportunity to e-plain, to the satis&action o& the court, how hehas acquired the property in question.

'etio& 6. Judgment. (& the respondent is unable to show to the satis&action o& the court that he haslaw&ully acquired the property in question, then the court shall declare such property, &or&eited in &avor o&

the State, and by virtue o& such 3udgment the property a&oresaid shall become property o& theState> Provided, 5hat no 3udgment shall be rendered within si- months be&ore any general election orwithin three months be&ore any special election. 5he Court may, in addition, re&er this case to thecorresponding -ecutive 'epartment &or administrative or criminal action, or both.

'etio& . Appeal. 5he parties may appeal &rom the 3udgment o& the Court o& )irst (nstance as provided inthe +ules o& Court &or appeals in civil cases.

'etio& 8. Protection against sel-incrimination. !either the respondent nor any other person shall bee-cused &rom attending and testi&ying or &rom producing boo%s, papers, correspondence, memoranda andother records on the ground that the testimony or evidence, documentary or otherwise, required o& himmay tend to incriminate him or sub3ect him to prosecutionG but no individual shall be prosecuted criminally&or or on account o& any transaction, matter or thing concerning which he is compelled, a&ter havingclaimed his privilege against sel&0incrimination, to testi&y or produce evidence, documentary or otherwise,

e-cept that such individual so testi&ying shall not be e-empt &rom prosecution and conviction &or per3ury or&alse testimony committed in so testi&ying or &rom administrative proceedings.

'etio& . Immunit. 5he Solicitor :eneral may grant immunity &rom criminal prosecution to any personwho testi6es to the unlaw&ul manner in which the respondent has acquired any o& the property in questionin cases where such testimony is necessary to prove violations o& this Act.

'etio& 10. !"ect o record o title. 5he &act that any real property has been recorded in the +egistry o&Property or o7ce o& the +egister o& 'eeds in the name o& the respondent or o& any person mentioned inparagraphs 89 and 8"9 o& subsection 8b9 o& section one hereo& shall not prevent the rendering o& the

3udgment re&erred to in section si- o& this Act.

'etio& 11. #aws on prescription. 5he laws concerning acquisitive prescription and limitation o& actionscannot be invo%ed by, nor shall they bene6t the respondent, in respect o& any property unlaw&ully acquired

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by him.

'etio& 12. Penalties. Any public o7cer or employee who shall, a&ter the eBective date o& this Acttrans&er or convey any unlaw&ully acquired property shall be repressed with imprisonment &or a term note-ceeding 6ve years, or a 6ne not e-ceeding ten thousand pesos, or both such imprisonment and 6ne. 5hesame repression shall be imposed upon any person who shall %nowingly accept such trans&er orconveyance.

'etio& 13. $epara%ilit o provisions. (& any provision o& this Act or the application thereo& to any personor circumstance, is held invalid, the remainder o& the Act and the application o& such provision to otherpersons or circumstances shall not be aBected thereby.

'etio& 14. !"ective date. 5his Act shall ta%e eBect on its approval, and shall apply not only to propertytherea&ter unlaw&ully acquired but also to property unlaw&ully acquired be&ore the eBective date o& this Act.

Approved> une /, 4II

ALM'A *S P+

(n ctober, 4?, pi&anio 5. *illegas and esus A. Mendoza, 6led a complaint with the Secretary o& ustice,charging Mariano :. Almeda, Sr. with having acquired, during his incumbency as government employee,cash and properties &rom un%nown sources in the total amount o& P",[email protected]/ which acquisitionsaccording to the complaint, were mani&estly out o& proportion to the salary and other law&ul income o& saidMariano :. Almeda, Sr., and, there&ore, in violation o& the provisions o& +epublic Act !o. #@4, otherwise%nown as the Anti0:ra&t Law. Pursuant to the provisions o& said Act, a preliminary investigation wasconducted by a committee o& investigators designated by the Secretary o& ustice. (n a resolution o& saidinvestigators, dated !ovember D, 4?, it was certi6ed that there is reasonable ground to believe that&rom 4I to 4I4, Mariano :. Almeda, Sr. acquired properties mani&estly out o& proportion to his salary asAssistant 'irector o& the !ational Fureau o& (nvestigation, and to his other law&ul income.

n the basis o& the 6ndings o& the investigators, the Solicitor :eneral, representing the +epublic o& thePhilippines as petitioner, 6led on !ovember ", 4?, with, Court o& )irst (nstance o& Manila, a petition &or&or&eiture against Mariano :. Almeda, Sr., doc%eted as Civil Case !o. DD?4#. (t charges him with havingcommitted while engaged in the per&ormance o& his o7cial and, in consequence o& said gra&t, had acquiredproperties and made cash disbursements &rom 4I to 4I4 grossly disproportionate to his law&ul income1is wi&e was included as a co0respondent in her capacity as wi&e o& Mariano :. Almeda, Sr. and as co0ownero& their con3ugal properties.

Petitioners herein 6led their answer on 'ecember 4? and therea&ter the case was set &or hearing, but)ebruary I, 4?, the Solicitor :eneral 6led a $Motion &or Leave to Amend Petition &or )or&eiture$. 5he

3udge granted the motion but re3ected the inclusion o& Mariano ). Almeda, r. as party respondent. nMarch "I, 4? the Solicitor :eneral 6led the amended petition &or &or&eiture, adding other counts anditems o& alleged unlaw&ul acquisitions and disbursements thus increasing the alleged cash &romune-plained sources received by the respondent &rom the years 4I0I4 to P"/,?/".DI, as againstrespondentHs salary and other law&ul income o& only PI4,/?.4@. +espondents, petitioners herein, ob3ectedto the amendment on the ground that the new counts or charges already been investigated and dismisseda&ter investigation, and respondents had not been given a new preliminary investigation with respect tothe new counts or charges that the proceeding under +epublic Act !o. #@4 being criminal in nature, thepetition may not be amended as substance without respondentsH consent. (t is also claim that theamendments were presented only to delay the proceedings to the pre3udice o& the respondents, and thatthe new counts or charges could not be included because one year had already elapsed a&ter a generaelection in violation o& the provisions o& +epublic Act !o. #@4. A&ter the 6ling o& memoranda by the parties

the respondent 3udge issued the order sought to be reviewed, authorizing the presentation o& the secondamended petition but without including therein Mariano ). Almeda, r. as a party respondent. 5he courtruled as &ollows>

5he Court 6nds no merit to the contention that the amended petition see%s to include new countswhich were previously dismissed by the investigating )iscals because no such dismissal appears inthe resolution o& said investigating 6scal and moreover, the only &unction o& the investigating 6scalsin the preliminary investigation was to determine whether or not there is probable cause thatrespondents have acquired properties beyond their means. 5he items o& receipts anddisbursements or acquisitions re&erred to as new counts by the respondents are but allegations indetail respecting the main allegation that respondents unlaw&ully acquired the properties describedin the amended petition. 5he new allegations o& receipts and disbursements embodied in theamended petition ob3ected to by the respondents merely supplement or ampli&y the &acts o&

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unlaw&ul acquisition originally alleged in the original petition. 5hese amendments hence relate bac%to the date o& the 6ling o& the original petition so that the prohibition contained in +ep. Act #@4that no petition shall be 6led within one year be&ore a general election cannot apply with respect tothe new items o& receipts and disbursements. 5he Court 6nds no merit in the respondentscontention that the amended petition should not be admitted on the allegation that this proceedingis penal in nature and no amendment as to matters o& substance can be admitted a&ter therespondents have 6led their answer because this is a civil case and the rules respectingamendments in civil cases and not o& in&ormations in criminal cases should govern the admission o&amendments in this case. 5he mere &act that a preliminary investigation is required to be held in aproceeding o& this nature does not ma%e the same a criminal proceeding. 1ence, the rule thatamendments o& pleadings are &avored and should be liberally allowed in the &urtherance o& 3usticeshould be applied.

;ith re&erence to the ob3ection that no preliminary investigation was conducted inso&ar as the newrespondent Mariano P. Almeda is concerned, the Court 6nds said ob3ection to be well0&oundedbecause no preliminary investigation was in &act conducted inso&ar as said new respondent isconcerned in violation o& Sec. " o& +ep. Act #@4.

;1+)+, the Court hereby orders the petitioner to 6le, within ten days, a second amendedpetition without including therein, Mariano ). Almeda as party respondent or ma%e re&erence thereinwith respect to said person.

S +'+'.

5he principal contention o& the petitioners herein, respondents in the court below, is that +epublic Act !o.#@4 is penal in substance and eBect, hence the presentation o& the amended petition without the bene6to& a previous preliminary investigation under the Act cannot be allowedG that the amendment would havethe eBect o& presenting charge 8under +epublic Act !o. #@49 within one year &rom the date o& a generalelectionG and lastly that amendment may not be made on a matter o& substance a&ter the de&endants hadpleaded.

A study o& the provisions o& +epublic Act !o. #@4 readily discloses that the proceeding &or &or&eiture is innature and not criminal, as claimed by the petitioners. A test has been suggested to determine whetherthe proceeding &or &or&eiture is civil or criminal, thus>

. . . )or&eiture proceedings may be either civil or criminal in nature, and may be in rem or in personam. (& they are under a statute such that i& an indictment is presented &or&eiture can beincluded in the criminal case they are in nature, although they may be civil in &ormG and where itmust be gathered &rom the statute that the action is meant to be criminal in its nature it cannot beconsidered as civil. (& however, the proceeding does not involve the conviction o& wrongdoer &or theoBense charged the proceeding is o& a civil natureG and under statutes which speci6cally soprovision where the act or omission &or which the &or&eiture is imposed is not also a misdemeanorsuch &or&eiture may be sued &or recovered in a civil action. 8#@ CS, )or&eitures, Sec. I, pp. I0?9.

(n the 6rst place a proceedings under the Act 8+ep. Act !o. #@49 does, not terminate in the imposition o&penalty but merely in the &or&eiture o& the properties illegally acquired in &avor o& the state. 8Sec. ?9 (n thesecond place the procedure outlined in the law leading to &or&eiture is that provided &or in a civil action.

5hus there is a petition 8Sec. #9, then an answer 8Sec. D9, and lastly, a hearing. 5he preliminaryinvestigation which is require prior to the 6ling o& the petition, in accordance with Sec. " o& the Act, isprovided e-pressly to be one similar to a preliminary investigation in a criminal in a criminal case. (& theinvestigation is only similar to that in a criminal case, but other steps in the proceedings are those &or civilproceedings, it stands to reason that the proceeding is not criminal. 1ad it been a criminal proceeding

there would been, a&ter a preliminary investigation, a reading o& in&ormation, a plea o& guilty or not guilty,and a trial therea&ter, with the publication o& the 3udgement in the presence o& the de&endant. Fut theseproceedings as above set &orth, are not provided &or in the law.NwphO.Qt

Section " o& the law provides a penalty to the public o7cer, but said penalty is against the employee oro7cer &or the trans&er or conveyance o& any unlaw&ully acquired properties. 5he law there&ore penalizes ano7cer &or trans&erring or conveying properties unlaw&ully acquired but does not do so &or ma%ing theunlaw&ul acquisitionG it merely imposes the penalty o& &or&eiture o& the properties unlaw&ully acquired.

As the proceeding &or &or&eiture, as pointed out and as provided &or in the law, is not a penal proceedingbut a civil one &or the &or&eiture o& the properties illegally acquired, and as the procedure outlined in thelaw is that which is &ollowed in civil actions, amendment o& the charges or the petition &or &or&eiture may bemade as in ordinary civil actionsG i.e., the amendments may be made be&ore trial or in the course o& trialwithout need o& another investigation. (t also &ollows that amendments setting &orth newly discovered

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acquisitions may be in the petition without obtaining the consent o& the respondent.

;1+)+, the petition should be, as it is hereby, denied, with costs. So ordered.

.+. !o. L04I", 'ecember "4, 4?"

%AN-L F. /AAL, petitioner, vs. #N. R-R ANAN, :R., a&$ #- /" F"'/AL F

%AN"LA, respondents.

/N/-/"N, :.!Col. ose C. Maristela 6led with the Secretary o& !ational 'e&ense a letter0complaint charging petitioner

Manuel Cabal, then Chie& o& StaB o& the A)P, with $gra&t, corrupt practices, une-plained wealth, and other

equally reprehensible acts$. 5he President o& the Philippines created a committee to investigate the charge

o& une-plained wealth. 5he Committee ordered petitioner herein to ta%e the witness stand in

theadministrative proceeding and be sworn to as witness &or Maristela, in support o& his a&orementioned

charge o& une-plained wealth. Petitioner ob3ected to the order o& the Committee, invo%ing his

constitutional right against sel&0incrimination. 5he Committee insisted that petitioner ta%e the witness

stand and be sworn to, sub3ect to his right to re&use to answer such questions as may be incriminatory.

5his notwithstanding, petitioner respect&ully re&used to be sworn to as a witness to ta%e the witness stand.

5he Committee re&erred the matter to the )iscal o& Manila, &or such action as he may deem proper. 5he City

)iscal 6led with the Court o& )irst (nstance o& Manila a $charge$ o& contempt &or &ailing to obey the order o&

the Committee to ta%e the witness stand. 5he $charge$ was assigned to the sala o& respondent 3udge

Rapunan. Petitioner 6led with respondent udge a motion to quash, which was denied. 1ence this petition

&or certiorari and prohibition.

"''-! ;hether or not the CommitteeHs order requiring petitioner to ta%e the witness stand violates his

constitutional right against sel&0incrimination

#-LD! =es.

Although the said Committee was created to investigate the administrative charge o& une-plained wealth,

it seems that the purpose o& the charge against petitioner is to apply the provisions o& the Anti0:ra&t Law,

which authorizes the &or&eiture to the State o& property o& a public o7cer or employee which is mani&estlyout o& proportion to his salary as such public o7cer or employee and his other law&ul income and the

income &rom legitimately acquired property. 1owever, such &or&eiture has been held to parta%e o& the

nature o& a penalty. As a consequence, proceedings &or &or&eiture o& property are deemed criminal or penal,

and, hence, the e-emption o& de&endants in criminal case &rom the obligation to be witnesses against

themselves are applicable thereto

!o person shall be compelled in any criminal case to be a witness against himsel&. 5his prohibition against

compelling a person to ta%e the stand as a witness against himsel& applies to criminal, quasi0criminal, and

penal proceedings, including a proceeding civil in &orm &or &or&eiture o& property by reason o& the

commission o& an oBense, but not a proceeding in which the penalty recoverable is civil or remedial in

nature.

5he privilege o& a witness not to incriminate himsel& is not in&ringed by merely as%ing the witness a

question which he re&uses to answer. 5he privilege is simply an option o& re&usal, and not a prohibition o&

inquiry. A question is not improper merely because the answer may tend to incriminate but, where a

witness e-ercises his constitutional right not to answer, a question by counsel as to whether the reason &or

re&using to answer is because the answer may tend to incriminate the witness is improper

5he possibility that the e-amination o& the witness will be pursued to the e-tent o& requiring sel&0

incrimination will not 3usti&y the re&usal to answer questions. 1owever, where the position o& the witness is

virtually that o& an accused on trial, it would appear that he may invo%e the privilege in support o& a

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blan%et re&usal to answer any and all questions

!ote> (t is not disputed that the accused in a criminal case may re&use, not only to answer incriminatory

questions, but, also, to ta%e the witness stand.

R-L"/ A/ No. 301

AN";GRAF AND /RR RA/"/-' A/

'etio& 1. $tatement o polic. (t is the policy o& the Philippine :overnment, in line with the principle thata public o7ce is a public trust, to repress certain acts o& public o7cers and private persons ali%e whichconstitute gra&t or corrupt practices or which may lead thereto.

'etio& 2. Defnition o terms. As used in this Act, that term

8a9 $:overnment$ includes the national government, the local governments, the government0ownedand government0controlled corporations, and all other instrumentalities or agencies o& the +epublico& the Philippines and their branches.

8b9 $Public o7cer$ includes elective and appointive o7cials and employees, permanent ortemporary, whether in the classi6ed or unclassi6ed or e-empt service receiving compensation, evennominal, &rom the government as de6ned in the preceding subparagraph.

8c9 $+eceiving any gi&t$ includes the act o& accepting directly or indirectly a gi&t &rom a person other

than a member o& the public o7cerHs immediate &amily, in behal& o& himsel& or o& any member o& his&amily or relative within the &ourth civil degree, either by consanguinity or a7nity, even on theoccasion o& a &amily celebration or national &estivity li%e Christmas, i& the value o& the gi&t is underthe circumstances mani&estly e-cessive.

8d9 $Person$ includes natural and 3uridical persons, unless the conte-t indicates otherwise.

'etio& 3. &orrupt practices o pu%lic o'cers. (n addition to acts or omissions o& public o7cers alreadypenalized by e-isting law, the &ollowing shall constitute corrupt practices o& any public o7cer and arehereby declared to be unlaw&ul>

8a9 Persuading, inducing or inuencing another public o7cer to per&orm an act constituting aviolation o& rules and regulations duly promulgated by competent authority or an oBense inconnection with the o7cial duties o& the latter, or allowing himsel& to be persuaded, induced, orinuenced to commit such violation or oBense.

8b9 'irectly or indirectly requesting or receiving any gi&t, present, share, percentage, or bene6t, &orhimsel& or &or any other person, in connection with any contract or transaction between the:overnment and any other part, wherein the public o7cer in his o7cial capacity has to interveneunder the law.

8c9 'irectly or indirectly requesting or receiving any gi&t, present or other pecuniary or materialbene6t, &or himsel& or &or another, &rom any person &or whom the public o7cer, in any manner orcapacity, has secured or obtained, or will secure or obtain, any :overnment permit or license, inconsideration &or the help given or to be given, without pre3udice to Section thirteen o& this Act.

8d9 Accepting or having any member o& his &amily accept employment in a private enterprise whichhas pending o7cial business with him during the pendency thereo& or within one year a&ter itstermination.

8e9 Causing any undue in3ury to any party, including the :overnment, or giving any private partyany unwarranted bene6ts, advantage or pre&erence in the discharge o& his o7cial administrative or

3udicial &unctions through mani&est partiality, evident bad &aith or gross ine-cusable negligence. 5hisprovision shall apply to o7cers and employees o& o7ces or government corporations charged withthe grant o& licenses or permits or other concessions.

8&9 !eglecting or re&using, a&ter due demand or request, without su7cient 3usti6cation, to act withina reasonable time on any matter pending be&ore him &or the purpose o& obtaining, directly orindirectly, &rom any person interested in the matter some pecuniary or material bene6t oradvantage, or &or the purpose o& &avoring his own interest or giving undue advantage in &avor o& ordiscriminating against any other interested party.

8g9 ntering, on behal& o& the :overnment, into any contract or transaction mani&estly and grossly

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disadvantageous to the same, whether or not the public o7cer pro6ted or will pro6t thereby.

8h9 'irector or indirectly having 6nancing or pecuniary interest in any business, contract ortransaction in connection with which he intervenes or ta%es part in his o7cial capacity, or in whichhe is prohibited by the Constitution or by any law &rom having any interest.

8i9 'irectly or indirectly becoming interested, &or personal gain, or having a material interest in anytransaction or act requiring the approval o& a board, panel or group o& which he is a member, andwhich e-ercises discretion in such approval, even i& he votes against the same or does notparticipate in the action o& the board, committee, panel or group.

(nterest &or personal gain shall be presumed against those public o7cers responsible &or theapproval o& mani&estly unlaw&ul, inequitable, or irregular transaction or acts by the board, panel orgroup to which they belong.

839 Rnowingly approving or granting any license, permit, privilege or bene6t in &avor o& any personnot quali6ed &or or not legally entitled to such license, permit, privilege or advantage, or o& a mererepresentative or dummy o& one who is not so quali6ed or entitled.

8%9 'ivulging valuable in&ormation o& a con6dential character, acquired by his o7ce or by him onaccount o& his o7cial position to unauthorized persons, or releasing such in&ormation in advance o&its authorized release date.

5he person giving the gi&t, present, share, percentage or bene6t re&erred to in subparagraphs 8b9 and 8c9Gor oBering or giving to the public o7cer the employment mentioned in subparagraph 8d9G or urging thedivulging or untimely release o& the con6dential in&ormation re&erred to in subparagraph 8%9 o& this sectionshall, together with the oBending public o7cer, be punished under Section nine o& this Act and shall bepermanently or temporarily disquali6ed in the discretion o& the Court, &rom transacting business in any&orm with the :overnment.

'etio& 4. Prohi%ition on private individuals. 8a9 (t shall be unlaw&ul &or any person having &amily or closepersonal relation with any public o7cial to capitalize or e-ploit or ta%e advantage o& such &amily or closepersonal relation by directly or indirectly requesting or receiving any present, gi&t or material or pecuniaryadvantage &rom any other person having some business, transaction, application, request or contract withthe government, in which such public o7cial has to intervene. )amily relation shall include the spouse orrelatives by consanguinity or a7nity in the third civil degree. 5he word $close personal relation$ shallinclude close personal &riendship, social and &raternal connections, and pro&essional employment all givingrise to intimacy which assures &ree access to such public o7cer.

8b9 (t shall be unlaw&ul &or any person %nowingly to induce or cause any public o7cial to commit anyo& the oBenses de6ned in Section # hereo&.

'etio& 5. Prohi%ition on certain relatives. (t shall be unlaw&ul &or the spouse or &or any relative, byconsanguinity or a7nity, within the third civil degree, o& the President o& the Philippines, the *ice0Presidento& the Philippines, the President o& the Senate, or the Spea%er o& the 1ouse o& +epresentatives, tointervene, directly or indirectly, in any business, transaction, contract or application with the :overnment>Provided, 5hat this section shall not apply to any person who, prior to the assumption o& o7ce o& any o& theabove o7cials to whom he is related, has been already dealing with the :overnment along the same lineo& business, nor to any transaction, contract or application already e-isting or pending at the time o& suchassumption o& public o7ce, nor to any application 6led by him the approval o& which is not discretionary onthe part o& the o7cial or o7cials concerned but depends upon compliance with requisites provided by lawor rules or regulations issued pursuant to law, nor to any act law&ully per&ormed in an o7cial capacity or inthe e-ercise o& a pro&ession.

'etio& 6. Prohi%ition on (em%ers o &ongress. (t shall be unlaw&ul herea&ter &or any Member o& theCongress during the term &or which he has been elected, to acquire or receive any personal pecuniaryinterest in any speci6c business enterprise which will be directly and particularly &avored or bene6ted byany law or resolution authored by him previously approved or adopted by the Congress during the sameterm.

5he provision o& this section shall apply to any other public o7cer who recommended the initiation inCongress o& the enactment or adoption o& any law or resolution, and acquires or receives any such interestduring his incumbency.

(t shall li%ewise be unlaw&ul &or such member o& Congress or other public o7cer, who, having such interestprior to the approval o& such law or resolution authored or recommended by him, continues &or thirty daysa&ter such approval to retain such interest.

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'etio& . $tatement o assets and lia%ilities. very public o7cer, within thirty days a&ter the approval o&this Act or a&ter assuming o7ce, and within the month o& anuary o& every other year therea&ter, as well asupon the e-piration o& his term o& o7ce, or upon his resignation or separation &rom o7ce, shall prepareand 6le with the o7ce o& the corresponding 'epartment 1ead, or in the case o& a 1ead o& 'epartment orchie& o& an independent o7ce, with the 7ce o& the President, or in the case o& members o& the Congressand the o7cials and employees thereo&, with the 7ce o& the Secretary o& the corresponding 1ouse, a truedetailed and sworn statement o& assets and liabilities, including a statement o& the amounts and sources o&his income, the amounts o& his personal and &amily e-penses and the amount o& income ta-es paid &or thene-t preceding calendar year> Provided, 5hat public o7cers assuming o7ce less than two months be&orethe end o& the calendar year, may 6le their statements in the &ollowing months o& anuary.

'etio& 8. Dismissal due to une)plained wealth. (& in accordance with the provisions o& +epublic Act!umbered ne thousand three hundred seventy0nine, a public o7cial has been &ound to have acquiredduring his incumbency, whether in his name or in the name o& other persons, an amount o& property andKormoney mani&estly out o& proportion to his salary and to his other law&ul income, that &act shall be a ground&or dismissal or removal. Properties in the name o& the spouse and unmarried children o& such publico7cial may be ta%en into consideration, when their acquisition through legitimate means cannot besatis&actorily shown. Fan% deposits shall be ta%en into consideration in the en&orcement o& this section,notwithstanding any provision o& law to the contrary.

'etio& . Penalties or violations. 8a9 Any public o7cer or private person committing any o& the unlaw&uacts or omissions enumerated in Sections #, D, I and ? o& this Act shall be punished with imprisonment &ornot less than one year nor more than ten years, perpetual disquali6cation &rom public o7ce, andcon6scation or &or&eiture in &avor o& the :overnment o& any prohibited interest and une-plained wealthmani&estly out o& proportion to his salary and other law&ul income.

Any complaining party at whose complaint the criminal prosecution was initiated shall, in case o&conviction o& the accused, be entitled to recover in the criminal action with priority over the &or&eiture in&avor o& the :overnment, the amount o& money or the thing he may have given to the accused, or thevalue o& such thing.

8b9 Any public o7cer violation any o& the provisions o& Section @ o& this Act shall be punished by a6ne o& not less than one hundred pesos nor more than one thousand pesos, or by imprisonment note-ceeding one year, or by both such 6ne and imprisonment, at the discretion o& the Court.

5he violation o& said section proven in a proper administrative proceeding shall be su7cient cause &orremoval or dismissal o& a public o7cer, even i& no criminal prosecution is instituted against him.

'etio& 10. &ompetent court. Jntil otherwise provided by law, all prosecutions under this Act shall bewithin the original 3urisdiction o& the proper Court o& )irst (nstance.

'etio& 11. Prescription o o"enses. All oBenses punishable under this Act shall prescribe in ten years.

'etio& 12. *ermination o o'ce. !o public o7cer shall be allowed to resign or retire pending aninvestigation, criminal or administrative, or pending a prosecution against him, &or any oBense under thisAct or under the provisions o& the +evised Penal Code on bribery.

'etio& 13. $uspension and loss o %enefts. Any public o7cer against whom any criminal prosecutionunder a valid in&ormation under this Act or under the provisions o& the +evised Penal Code on bribery ispending in court, shall be suspended &rom o7ce. Should he be convicted by 6nal 3udgment, he shall loseall retirement or gratuity bene6ts under any law, but i& he is acquitted, he shall be entitled toreinstatement and to the salaries and bene6ts which he &ailed to receive during suspension, unless in themeantime administrative proceedings have been 6led against him.

'etio& 14. !)ception. Jnsolicited gi&ts or presents o& small or insigni6cant value oBered or given as amere ordinary to%en o& gratitude or &riendship according to local customs or usage, shall be e-cepted &romthe provisions o& this Act.

!othing in this Act shall be interpreted to pre3udice or prohibit the practice o& any pro&ession, law&ul tradeor occupation by any private person or by any public o7cer who under the law may legitimately practicehis pro&ession, trade or occupation, during his incumbency, e-cept where the practice o& such pro&ession,trade or occupation involves conspiracy with any other person or public o7cial to commit any o& theviolations penalized in this Act.

'etio& 15. $epara%ilit clause. (& any provision o& this Act or the application o& such provision to anyperson or circumstances is declared invalid, the remainder o& the Act or the application o& such provision toother persons or circumstances shall not be aBected by such declaration.

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'etio& 16. !"ectivit. 5his Act shall ta%e eBect on its approval, but &or the purpose o& determiningune-plained wealth, all property acquired by a public o7cer since he assumed o7ce shall be ta%en intoconsideration.

Approved> August @, 4?

Repu)li At No. 613 Fe)ruar* 20, 18

AN A/ -'AL"'#"NG A /D- F /ND/ AND -#"/AL 'ANDARD' FR L"/ FF"/"AL'AND -%L--', #LD #- "%-;#NR-D R"N/"L- F L"/ FF"/- -"NG A

L"/ R', GRAN"NG "N/-N"7-' AND R-ARD' FR -<-%LAR '-R7"/-,-N%-RA"NG R#""-D A/' AND RAN'A/"N' AND R7"D"NG -NAL"-' FR

7"LA"N' #-R-F AND FR #-R R'-'

+e it enacted % the $enate and House o epresentatives o the Philippines in &ongress assem%led>

'etio& 1. *itle. 0 5his Act shall be %nown as the $Code o& Conduct and thical Standards &or Public7cials and mployees.$

'etio& 2. Declaration o Policies. 0 (t is the policy o& the State to promote a high standard o& ethics inpublic service. Public o7cials and employees shall at all times be accountable to the people and shalldischarge their duties with utmost responsibility, integrity, competence, and loyalty, act with patriotismand 3ustice, lead modest lives, and uphold public interest over personal interest.

'etio& 3. Defnition o *erms. 0 As used in this Act, the term>

8a9 $:overnment$ includes the !ational :overnment, the local governments, and all otherinstrumentalities, agencies or branches o& the +epublic o& the Philippines including government0owned or controlled corporations, and their subsidiaries.lawphi.net

8b9 $Public 7cials$ includes elective and appointive o7cials and employees, permanent ortemporary, whether in the career or non0career service, including military and police personnel,whether or not they receive compensation, regardless o& amount.

8c9 $:i&t$ re&ers to a thing or a right to dispose o& gratuitously, or any act or liberality, in &avor o&another who accepts it, and shall include a simulated sale or an ostensibly onerous dispositionthereo&. (t shall not include an unsolicited gi&t o& nominal or insigni6cant value not given inanticipation o&, or in e-change &or, a &avor &rom a public o7cial or employee.

8d9 $+eceiving any gi&t$ includes the act o& accepting directly or indirectly, a gi&t &rom a person other

than a member o& his &amily or relative as de6ned in this Act, even on the occasion o& a &amilycelebration or national &estivity li%e Christmas, i& the value o& the gi&t is neither nominal norinsigni6cant, or the gi&t is given in anticipation o&, or in e-change &or, a &avor.

8e9 $Loan$ covers both simple loan and commodatum as well as guarantees, 6nancingarrangements or accommodations intended to ensure its approval.

8&9 $Substantial stoc%holder$ means any person who owns, directly or indirectly, shares o& stoc%su7cient to elect a director o& a corporation. 5his term shall also apply to the parties to a votingtrust.

8g9 $)amily o& public o7cials or employees$ means their spouses and unmarried children undereighteen 8/9 years o& age.

8h9 $Person$ includes natural and 3uridical persons unless the conte-t indicates otherwise.

8i9 $Conict o& interest$ arises when a public o7cial or employee is a member o& a board, an o7cer,or a substantial stoc%holder o& a private corporation or owner or has a substantial interest in abusiness, and the interest o& such corporation or business, or his rights or duties therein, may beopposed to or aBected by the &aith&ul per&ormance o& o7cial duty.

839 $'ivestment$ is the trans&er o& title or disposal o& interest in property by voluntarily, completelyand actually depriving or dispossessing onesel& o& his right or title to it in &avor o& a person orpersons other than his spouse and relatives as de6ned in this Act.

8%9 $+elatives$ re&ers to any and all persons related to a public o7cial or employee within the &ourthcivil degree o& consanguinity or a7nity, including bilas, inso and balae.

'etio& 4. orms o &onduct o Pu%lic /'cials and !mploees. 0 8A9 very public o7cial and employeeshall observe the &ollowing as standards o& personal conduct in the discharge and e-ecution o& o7cial

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duties>

8a9 Commitment to public interest. 0 Public o7cials and employees shall always uphold thepublic interest over and above personal interest. All government resources and powers o&their respective o7ces must be employed and used e7ciently, eBectively, honestly andeconomically, particularly to avoid wastage in public &unds and revenues.

8b9 Pro&essionalism. 0 Public o7cials and employees shall per&orm and discharge their dutieswith the highest degree o& e-cellence, pro&essionalism, intelligence and s%ill. 5hey shall enterpublic service with utmost devotion and dedication to duty. 5hey shall endeavor todiscourage wrong perceptions o& their roles as dispensers or peddlers o& undue patronage.

8c9 ustness and sincerity. 0 Public o7cials and employees shall remain true to the people atall times. 5hey must act with 3ustness and sincerity and shall not discriminate againstanyone, especially the poor and the underprivileged. 5hey shall at all times respect therights o& others, and shall re&rain &rom doing acts contrary to law, good morals, goodcustoms, public policy, public order, public sa&ety and public interest. 5hey shall not dispenseor e-tend undue &avors on account o& their o7ce to their relatives whether by consanguinityor a7nity e-cept with respect to appointments o& such relatives to positions consideredstrictly con6dential or as members o& their personal staB whose terms are coterminous withtheirs.

8d9 Political neutrality. 0 Public o7cials and employees shall provide service to everyonewithout un&air discrimination and regardless o& party a7liation or pre&erence.

8e9 +esponsiveness to the public. 0 Public o7cials and employees shall e-tend promptcourteous, and adequate service to the public. Jnless otherwise provided by law or whenrequired by the public interest, public o7cials and employees shall provide in&ormation o&their policies and procedures in clear and understandable language, ensure openness o&in&ormation, public consultations and hearings whenever appropriate, encouragesuggestions, simpli&y and systematize policy, rules and procedures, avoid red tape anddevelop an understanding and appreciation o& the socio0economic conditions prevailing inthe country, especially in the depressed rural and urban areas.

8&9 !ationalism and patriotism. 0 Public o7cials and employees shall at all times be loyal tothe +epublic and to the )ilipino people, promote the use o& locally produced goods, resourcesand technology and encourage appreciation and pride o& country and people. 5hey shallendeavor to maintain and de&end Philippine sovereignty against &oreign intrusion.

8g9 Commitment to democracy. 0 Public o7cials and employees shall commit themselves tothe democratic way o& li&e and values, maintain the principle o& public accountability, andmani&est by deeds the supremacy o& civilian authority over the military. 5hey shall at alltimes uphold the Constitution and put loyalty to country above loyalty to persons or party.

8h9 Simple living. 0 Public o7cials and employees and their &amilies shall lead modest livesappropriate to their positions and income. 5hey shall not indulge in e-travagant orostentatious display o& wealth in any &orm.

8F9 5he Civil Service Commission shall adopt positive measures to promote 89 observance o& thesestandards including the dissemination o& in&ormation programs and wor%shops authorizing meritincreases beyond regular progression steps, to a limited number o& employees recognized by theiro7ce colleagues to be outstanding in their observance o& ethical standardsG and 8"9 continuingresearch and e-perimentation on measures which provide positive motivation to public o7cials and

employees in raising the general level o& observance o& these standards.'etio& 5. Duties o Pu%lic /'cials and !mploees. 0 (n the per&ormance o& their duties, all public o7cialsand employees are under obligation to>lawphi.net

8a9 Act promptly on letters and requests. 0 All public o7cials and employees shall, within 6&teen 8I9wor%ing days &rom receipt thereo&, respond to letters, telegrams or other means o& communicationssent by the public. 5he reply must contain the action ta%en on the request.

8b9 Submit annual per&ormance reports. 0 All heads or other responsible o7cers o& o7ces andagencies o& the government and o& government0owned or controlled corporations shall, within &orty06ve 8DI9 wor%ing days &rom the end o& the year, render a per&ormance report o& the agency or o7ceor corporation concerned. Such report shall be open and available to the public within regular o7cehours.

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8c9 Process documents and papers e-peditiously. 0 All o7cial papers and documents must beprocessed and completed within a reasonable time &rom the preparation thereo& and must contain,as &ar as practicable, not more than three 8#9 signatories therein. (n the absence o& duly authorizedsignatories, the o7cial ne-t0in0ran% or o7cer in charge shall sign &or and in their behal&.

8d9 Act immediately on the publicHs personal transactions. 0 All public o7cials and employees mustattend to anyone who wants to avail himsel& o& the services o& their o7ces and must, at all times,act promptly and e-peditiously.

8e9 Ma%e documents accessible to the public. 0 All public documents must be made accessible to,and readily available &or inspection by, the public within reasonable wor%ing hours.

'etio& 6. $stem o Incentives and ewards. 0 A system o& annual incentives and rewards is herebyestablished in order to motivate and inspire public servants to uphold the highest standards o& ethics. )orthis purpose, a Committee on Awards to utstanding Public 7cials and mployees is hereby createdcomposed o& the &ollowing> the mbudsman and Chairman o& the Civil Service Commission as Co0Chairmen, and the Chairman o& the Commission on Audit, and two government employees to be appointedby the President, as members.

(t shall be the tas% o& this Committee to conduct a periodic, continuing review o& the per&ormance o& publico7cials and employees, in all the branches and agencies o& :overnment and establish a system o& annuaincentives and rewards to the end that due recognition is given to public o7cials and employees o&outstanding merit on the basis o& the standards set &orth in this Act.

5he con&erment o& awards shall ta%e into account, among other things, the &ollowing> the years o& service

and the quality and consistency o& per&ormance, the obscurity o& the position, the level o& salary, theunique and e-emplary quality o& a certain achievement, and the ris%s or temptations inherent in the wor%.(ncentives and rewards to government o7cials and employees o& the year to be announced in publicceremonies honoring them may ta%e the &orm o& bonuses, citations, directorships in government0owned orcontrolled corporations, local and &oreign scholarship grants, paid vacations and the li%e. 5hey shalli%ewise be automatically promoted to the ne-t higher position with the commensurate salary suitable totheir quali6cations. (n case there is no ne-t higher position or it is not vacant, said position shall beincluded in the budget o& the o7ce in the ne-t :eneral Appropriations Act. 5he Committee on Awards shaladopt its own rules to govern the conduct o& its activities.

'etio& . Prohi%ited Acts and *ransactions. 0 (n addition to acts and omissions o& public o7cials andemployees now prescribed in the Constitution and e-isting laws, the &ollowing shall constitute prohibitedacts and transactions o& any public o7cial and employee and are hereby declared to be unlaw&ul>

8a9 )inancial and material interest. 0 Public o7cials and employees shall not, directly or indirectly,have any 6nancial or material interest in any transaction requiring the approval o& their o7ce.

8b9 utside employment and other activities related thereto. 0 Public o7cials and employees duringtheir incumbency shall not>

89 wn, control, manage or accept employment as o7cer, employee, consultant, counsel,bro%er, agent, trustee or nominee in any private enterprise regulated, supervised or licensedby their o7ce unless e-pressly allowed by lawG

8"9 ngage in the private practice o& their pro&ession unless authorized by the Constitution orlaw, provided, that such practice will not conict or tend to conict with their o7cia&unctionsG or

8#9 +ecommend any person to any position in a private enterprise which has a regular or

pending o7cial transaction with their o7ce. 5hese prohibitions shall continue to apply &or a period o& one 89 year a&ter resignation, retirementor separation &rom public o7ce, e-cept in the case o& subparagraph 8b9 8"9 above, but thepro&essional concerned cannot practice his pro&ession in connection with any matter be&ore theo7ce he used to be with, in which case the one0year prohibition shall li%ewise apply.

8c9 'isclosure andKor misuse o& con6dential in&ormation. 0 Public o7cials and employees shall notuse or divulge, con6dential or classi6ed in&ormation o7cially %nown to them by reason o& theiro7ce and not made available to the public, either>

89 5o &urther their private interests, or give undue advantage to anyoneG or

8"9 5o pre3udice the public interest.

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8d9 Solicitation or acceptance o& gi&ts. 0 Public o7cials and employees shall not solicit or accept,directly or indirectly, any gi&t, gratuity, &avor, entertainment, loan or anything o& monetary value&rom any person in the course o& their o7cial duties or in connection with any operation beingregulated by, or any transaction which may be aBected by the &unctions o& their o7ce.

As to gi&ts or grants &rom &oreign governments, the Congress consents to>

8i9 5he acceptance and retention by a public o7cial or employee o& a gi&t o& nominal valuetendered and received as a souvenir or mar% o& courtesyG

8ii9 5he acceptance by a public o7cial or employee o& a gi&t in the nature o& a scholarship or

&ellowship grant or medical treatmentG or

8iii9 5he acceptance by a public o7cial or employee o& travel grants or e-penses &or traveta%ing place entirely outside the Philippine 8such as allowances, transportation, &ood, andlodging9 o& more than nominal value i& such acceptance is appropriate or consistent with theinterests o& the Philippines, and permitted by the head o& o7ce, branch or agency to whichhe belongs.

5he mbudsman shall prescribe such regulations as may be necessary to carry out the purpose o&this subsection, including pertinent reporting and disclosure requirements.

!othing in this Act shall be construed to restrict or prohibit any educational, scienti6c or culturae-change programs sub3ect to national security requirements.

'etio& 8. $tatements and Disclosure. 0 Public o7cials and employees have an obligation to accomplish

and submit declarations under oath o&, and the public has the right to %now, their assets, liabilities, networth and 6nancial and business interests including those o& their spouses and o& unmarried children undeeighteen 8/9 years o& age living in their households.

8A9 Statements o& Assets and Liabilities and )inancial 'isclosure. 0 All public o7cials and employees,e-cept those who serve in an honorary capacity, laborers and casual or temporary wor%ers, shall 6leunder oath their Statement o& Assets, Liabilities and !et ;orth and a 'isclosure o& Fusiness(nterests and )inancial Connections and those o& their spouses and unmarried children undereighteen 8/9 years o& age living in their households.

5he two documents shall contain in&ormation on the &ollowing>

8a9 real property, its improvements, acquisition costs, assessed value and current &air mar%etvalueG

8b9 personal property and acquisition costG8c9 all other assets such as investments, cash on hand or in ban%s, stoc%s, bonds, and theli%eG

8d9 liabilities, andG

8e9 all business interests and 6nancial connections.

5he documents must be 6led>

8a9 within thirty 8#9 days a&ter assumption o& o7ceG

8b9 on or be&ore April #, o& every year therea&terG and

8c9 within thirty 8#9 days a&ter separation &rom the service.

All public o7cials and employees required under this section to 6le the a&orestated documents shalalso e-ecute, within thirty 8#9 days &rom the date o& their assumption o& o7ce, the necessaryauthority in &avor o& the mbudsman to obtain &rom all appropriate government agencies, includingthe Fureau o& (nternal +evenue, such documents as may show their assets, liabilities, net worthand also their business interests and 6nancial connections in previous years, including, i& possible,the year when they 6rst assumed any o7ce in the :overnment.

1usband and wi&e who are both public o7cials or employees may 6le the required statements 3ointly or separately.

5he Statements o& Assets, Liabilities and !et ;orth and the 'isclosure o& Fusiness (nterests and)inancial Connections shall be 6led by>

89 Constitutional and national elective o7cials, with the national o7ce o& the mbudsmanG

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8"9 Senators and Congressmen, with the Secretaries o& the Senate and the 1ouse o&+epresentatives, respectivelyG ustices, with the Cler% o& Court o& the Supreme CourtG udgeswith the Court AdministratorG and all national e-ecutive o7cials with the 7ce o& thePresident.

8#9 +egional and local o7cials and employees, with the 'eputy mbudsman in theirrespective regionsG

8D9 7cers o& the armed &orces &rom the ran% o& colonel or naval captain, with the 7ce o&the President, and those below said ran%s, with the 'eputy mbudsman in their respectiveregionsG and

8I9 All other public o7cials and employees, de6ned in +epublic Act !o. #4, as amended,with the Civil Service Commission.

8F9 (denti6cation and disclosure o& relatives. 0 (t shall be the duty o& every public o7cial or employee toidenti&y and disclose, to the best o& his %nowledge and in&ormation, his relatives in the :overnment in the&orm, manner and &requency prescribed by the Civil Service Commission.

8C9 Accessibility o& documents. 0 89 Any and all statements 6led under this Act, shall be made available &orinspection at reasonable hours.

8"9 Such statements shall be made available &or copying or reproduction a&ter ten 89 wor%ing days&rom the time they are 6led as required by law.

8#9 Any person requesting a copy o& a statement shall be required to pay a reasonable &ee to cover

the cost o& reproduction and mailing o& such statement, as well as the cost o& certi6cation.

8D9 Any statement 6led under this Act shall be available to the public &or a period o& ten 89 yearsa&ter receipt o& the statement. A&ter such period, the statement may be destroyed unless needed inan ongoing investigation.

8'9 Prohibited acts. 0 (t shall be unlaw&ul &or any person to obtain or use any statement 6led under this Act&or>

8a9 any purpose contrary to morals or public policyG or

8b9 any commercial purpose other than by news and communications media &or dissemination tothe general public.

'etio& . Divestment. 0 A public o7cial or employee shall avoid conicts o& interest at all times. ;hen aconict o& interest arises, he shall resign &rom his position in any private business enterprise within thirty8#9 days &rom his assumption o& o7ce andKor divest himsel& o& his shareholdings or interest within si-ty8?9 days &rom such assumption.

5he same rule shall apply where the public o7cial or employee is a partner in a partnership.

5he requirement o& divestment shall not apply to those who serve the :overnment in an honorary capacitynor to laborers and casual or temporary wor%ers.

'etio& 10. eview and &ompliance Procedure. 0 8a9 5he designated Committees o& both 1ouses o& theCongress shall establish procedures &or the review o& statements to determine whether said statementswhich have been submitted on time, are complete, and are in proper &orm. (n the event a determination ismade that a statement is not so 6led, the appropriate Committee shall so in&orm the reporting individuaand direct him to ta%e the necessary corrective action.

8b9 (n order to carry out their responsibilities under this Act, the designated Committees o& both1ouses o& Congress shall have the power within their respective 3urisdictions, to render any opinioninterpreting this Act, in writing, to persons covered by this Act, sub3ect in each instance to theapproval by a7rmative vote o& the ma3ority o& the particular 1ouse concerned.

5he individual to whom an opinion is rendered, and any other individual involved in a similar &actuasituation, and who, a&ter issuance o& the opinion acts in good &aith in accordance with it shall not besub3ect to any sanction provided in this Act.

8c9 5he heads o& other o7ces shall per&orm the duties stated in subsections 8a9 and 8b9 hereo&inso&ar as their respective o7ces are concerned, sub3ect to the approval o& the Secretary o& usticein the case o& the -ecutive 'epartment and the Chie& ustice o& the Supreme Court, in the case o&the udicial 'epartment.

'etio& 11. Penalties. 0 8a9 Any public o7cial or employee, regardless o& whether or not he holds o7ce or

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employment in a casual, temporary, holdover, permanent or regular capacity, committing any violation o&this Act shall be punished with a 6ne not e-ceeding the equivalent o& si- 8?9 monthsH salary or suspensionnot e-ceeding one 89 year, or removal depending on the gravity o& the oBense a&ter due notice andhearing by the appropriate body or agency. (& the violation is punishable by a heavier penalty underanother law, he shall be prosecuted under the latter statute. *iolations o& Sections @, / or 4 o& this Act shalbe punishable with imprisonment not e-ceeding 6ve 8I9 years, or a 6ne not e-ceeding 6ve thousand pesos8PI,9, or both, and, in the discretion o& the court o& competent 3urisdiction, disquali6cation to holdpublic o7ce.

8b9 Any violation hereo& proven in a proper administrative proceeding shall be su7cient cause &or

removal or dismissal o& a public o7cial or employee, even i& no criminal prosecution is institutedagainst him.

8c9 Private individuals who participate in conspiracy as co0principals, accomplices or accessories,with public o7cials or employees, in violation o& this Act, shall be sub3ect to the same penalliabilities as the public o7cials or employees and shall be tried 3ointly with them.

8d9 5he o7cial or employee concerned may bring an action against any person who obtains or usesa report &or any purpose prohibited by Section / 8'9 o& this Act. 5he Court in which such action isbrought may assess against such person a penalty in any amount not to e-ceed twenty06vethousand pesos 8P"I,9. (& another sanction hereunder or under any other law is heavier, thelatter shall apply.

'etio& 12. Promulgation o ules and egulations, Administration and !norcement o this Act. 0 5he CiviService Commission shall have the primary responsibility &or the administration and en&orcement o& thisAct. (t shall transmit all cases &or prosecution arising &rom violations o& this Act to the proper authorities &orappropriate action> Provided, however, 5hat it may institute such administrative actions and disciplinarymeasures as may be warranted in accordance with law. !othing in this provision shall be construed as adeprivation o& the right o& each 1ouse o& Congress to discipline its Members &or disorderly behavior.

5he Civil Service Commission is hereby authorized to promulgate rules and regulations necessary to carryout the provisions o& this Act, including guidelines &or individuals who render &ree voluntary service to the:overnment. 5he mbudsman shall li%ewise ta%e steps to protect citizens who denounce acts or omissionso& public o7cials and employees which are in violation o& this Act.

'etio& 13. Provisions or (ore $tringent $tandards. 0 !othing in this Act shall be construed to derogate&rom any law, or any regulation prescribed by any body or agency, which provides &or more stringentstandards &or its o7cial and employees.

'etio& 14. Appropriations. 0 5he sum necessary &or the eBective implementation o& this Act shall beta%en &rom the appropriations o& the Civil Service Commission. 5herea&ter, such sum as may be needed &orits continued implementation shall be included in the annual :eneral Appropriations Act.

'etio& 15. $epara%ilit &lause. 0 (& any provision o& this Act or the application o& such provision to anyperson or circumstance is declared invalid, the remainder o& the Act or the application o& such provision toother persons or circumstances shall not be aBected by such declaration.

'etio& 16. epealing &lause. 0 All laws, decrees and orders or parts thereo& inconsistent herewith, aredeemed repealed or modi6ed accordingly, unless the same provide &or a heavier penalty.

'etio& 1. !"ectivit. 0 5his Act shall ta%e eBect a&ter thirty 8#9 days &ollowing the completion o& itspublication in the 7cial :azette or in two 8"9 national newspapers o& general circulation.

Approved, Fe)ruar* 20, 18.

laintiB0appellee> esus P. Mor&e 8udge o& C)(9

'e&endants0appellants> Amelito +. Mutuc 8-ecutive Secretary9 et al.

)acts>

•=e La>! A&ti;Gra?t a&$ /orrupt raties At o? 160 @RA No. 301

•very public o7cer within # days a&ter its approval or a&ter his assumption o& o7ce Tand within the

month o& anuary o& every year therea&terU, as well as upon termination o& his position, shall prepare and

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6le with the head o& the o7ce to which he belongs, Ta true detailed and sworn statement o& assets and

liabilities, including a statement o& the amounts and sources o& his income, the amounts o& his personal

and &amily e-penses and the amount o& income ta-es paid &or the ne-t preceding calendar yearU.

•PlaintiB Mor&e, a 3udge o& a C)(, contends that the periodical submission Twithin the month o& anuary o&

every other year therea&terU o& their sworn statement o& assets and liabilities 8SAL9 is violative o& due

process as an oppressive e-ercise o& police power and as an unlaw&ul invasion o& the constitutional right to

privacy implicit on the ban against unreasonable search and seizure construed together with the

prohibition against sel&0incrimination.

•-ecutive Secretary and ' Sec>

•Acceptance o& public position V voluntary assumption o& obligation

•Merely see%s to adopt a reasonable measure o& insuring the interest o& general wel&are in honest and

clean public service and is there&ore a legitimate e-ercise o& police power.

•C)( o& Pangasinan held that the requirement e-ceeds the permissible limit o& the police power and is thus

oBensive to the due process clause

(ssueKs>

;hether the periodical submission o& SAL &or public o7cers is> . An oppressive e-ercise o& police powerG

". *iolative o& due process and an unlaw&ul invasion o& the right to privacy implicit in the ban against

unreasonable search and seizure construed together with the prohibition against sel&0incriminationG #. An

insult to the personal integrity and o7cial dignity o& public o7cials.

+uling> 'ecision reversed.

+atio>

.Presumption o& validity

•PlaintiB asserted that the submission o& SAL was a reasonable requirement &or employment so a public

o7cer can ma%e o& record his assets and liabilities upon assumption o& o7ce. PlaintiB did not present

evidence to rebut the presumption o& validity.

•T(& the liberty involved were &reedom o& the mind or the person, the standard &or the validity o&

governmental acts is much more rigorous and e-acting, but where the liberty curtailed aBects the most

rights o& property, the permissible scope o& regulatory measure is wider.U 8rmita0Malate 1otel v. Mayor o&

Manila9

.-ercise o& Police power and the de&ense provided by the 'ue Process Clause

•Tinherent and plenary power in the state which enables it to prohibit all things hurt&ul to the com&ort,

sa&ety and wel&are o& societyU 8ustice Malcolm9

• 5he power o& sovereignty, the power to govern men and things within the limits o& its domain 8ustice

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5aney, going beyond curtailment o& rights9

•Anyone with an alleged grievance regarding the e-tension o& police power to regulatory action aBecting

persons in public or private li&e can invo%e the protection o& due process.

•(t has been held that due process may be relied upon by public o7cial to protect the security o& tenure

which in a limited sense is analogous to property. 5here&ore he could also use due process to stri%e down

what he considers as an in&ringement o& his liberty.

•Jnder the Constitution, the challenged provision is allowable as long as due process is observed.

•=e sta&$ar$ ?or $ue proess is R-A'NAL-N-''. est! Bial atio& +ust &ot outru& t=e

)ou&$s o? reaso& a&$ result i& s=eer oppressio&.

•0It would %e to dwell in the realm o a%stractions and to ignore the harsh and compelling realities o

pu%lic service with its ever-present temptation to heed the call o greed and avarice to condemn as

ar%itrar and oppressive a re1uirement as that imposed upon pu%lic o'cials and emploees to fle such

sworn statement o assets and lia%ilities ever two ears ater having done so upon assuming o'ce2

*here was thereore no unconstitutional e)ercise o police power.3

.+ight to privacy

•+ight to be let alone

•T"t a&&ot )e sai$ t=at t=e =alle&(e$ statutor* provisio& alls ?or $islosure o? i&?or+atio&

>=i= i&?ri&(es o& t=e ri(=t o? a perso& to priva*. (t cannot be denied that the rational relationship

such a requirement possesses with the ob3ective o& a valid statute goes very &ar in precluding assent to an

ob3ection o& such character. 5his is not to say that a public o7cer, by virtue o& position he holds, is bere&t o&

constitutional protectionG it is only to emphasize that in sub3ecting him to such a &urther compulsory

revelation o& his assets and liabilities, including the statement o& the amounts o& personal and &amily

e-penses, and the amount o& income ta-es paid &or the ne-t preceding calendar year, t=ere is &o

u&o&stitutio&al i&trusio& into what otherwise would be a private sphere.U

.Jnreasonable Search and Seizure

• 5he constitutional guarantee against unreasonable search and seizure does not give &reedom &rom

testimonial compulsion.

.+ight against sel&0incrimination

•;e are not aware o& any constitutional provision designed to protect a manWs conduct &rom 3udicial

inquiry, or aid him in eeing &rom 3ustice.

.(nsult to personal integrity and o7cial dignity

•nly congressional power or competence, not the wisdom o& the action ta%en, mey be the basis &or

declaring a statute invalid.

.R. No. 1545C :ul* 6, 2011

R-R A. A%"L, :R vs. 'AND"GANAAN a&$ -L- F #- #"L""N-', Respo&$e&t.

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G.R. No. 15482

AL-<ANDR"N R. A-LAD, 'R vs. -L- F #- #"L""N-'

Fats!astern Samar :overnor +uperto Ambil and Provincial warden Ale-andrino Apelado were &ound guiltybe&ore the Sandiganbayan &or violating Section #8e9 o& +epublic Act !o. #4 otherwise %nown as the Anti0:ra&t and Corrupt Practices Act a&ter :overnor Ambil, conspiring with Apelado, ordered the release o& thencriminally0charged and detained mayor )rancisco Adalim and had the latter trans&erred &rom the provincial

3ail to the the governorWs residence.

"ssues!.9;hether or not the Sandiganbayan had 3urisdiction over a suit where one o& the " accused has a Salary:rade classi6ed to be cognizable be&ore the lower courts.

".9;hether or not the trans&er o& the detainee, who was a mayor, by the governor was a violation incontemplation o& Sec#8e9 o& +A #4 in relation to sec"8b9 o& the same act.

#el$! 5he Sandiganbayan had 3urisdiction over the suit where one o& the " accused held a position with aclassi6cation o& Salary :rade "@. nly when none o& the numerous accused occupies a position with asalary grade T"@U or higher can e-clusive 3urisdiction be&all in the lower courts. Sandiganbayan has

3urisdiction over Ambil as provincial governor and so as with Apelado &or being a co0principal in theperpetration o& the oBense although he had a salary grade o& "".

5he power o& control and supervision granted to by the Local :overnment Code andAdministrative Code o&

4@ does not include nor permit the usurpation o& power duly vested be&ore the courts. )acts showed that

trans&er by Ambil o& Adalim was attended by evident bias and bad&aith. Section #8e9 still applies to the

case at hand even i& the act was not one relative to the Tgranting o& licenses and concessionsU. 5he

provision was meant to include o7cers with such duty to the list already enumerated therein and not

necessarily to provide e-clusivity. )urthermore, the &act that Andalim, as the reciepient o& the bene6t, was

a public o7cer, did not preclude application. 5he act employs the phrase Tprivate partyU, which is more

comprehensive in scope to mean either a private person or a public o7cer acting in a private capacity to

protect his personal interest.

5hus the verdict by the SAndiganbayan, 6nding the accused guilty o& violating +A #4 was proper.

Santiago vs :architorena:.+. !o. 4"??'ecember, " 44#!arvasa, C.., Cruz, Padilla, Fidin, +egalado, 'avide, r., !ocon, Fellosillo, Melo and Puno, ., concur.

)acts>

n May , 44, petitioner Santiago was charged by the Sandiganbayan with violation o& Section #8e9 o&

+.A. !o. #4, as amended, otherwise %nown as the Anti0:ra&t and Corrupt Practices Act, allegedlycommitted by her &avoring $unquali6ed$ aliens with the bene6ts o& the Alien Legalization Program.

n May "D, 44, petitioner 6led a petition &or certiorari and prohibition to en3oin the Sandiganbayan &romproceeding with criminal case on the ground that said case was intended solely to harass her as she wasthen a presidential candidate. She alleged that this was in violation o& Section , Article (20C o& theConstitution which provides that $8b9ona 6de candidates &or any public o7ce shall be &ree &rom any &orm o&harassment and discrimination.$ 5he petition was dismissed on anuary #, 44".

n ctober ?, 44", petitioner 6led a motion &or inhibition o& Presiding ustice :architorena, which motionwas set &or hearing on !ovember #, 44". ten days a&ter, the Sandiganbayan 8)irst 'ivision9, o& whichPresiding ustice :architorena is a member, set the criminal case &or arraignment on !ovember #, 44".

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n !ovember ?, 44", petitioner moved to de&er the arraignment on the grounds that there was a pendingmotion &or inhibition, and that petitioner intended to 6le a motion &or a bill o& particulars. 1owever, on!ovember 4, 44", the Sandiganbayan 8)irst 'ivision9 denied the motion to de&er the arraignment.

More so, the petitioner cannot accept the legal morality o& Sandiganbayan ustice )rancis :architorena whowould her &rom going abroad &or a 1arvard scholarship because o& gra&t charges against her. (t appearsthat petitioner tried to leave the country without 6rst securing the permission o& the Sandiganbayan,prompting it to issue the hold0departure order which. 5he letter o& Presiding ustice :architorena, written inde&ense o& the dignity and integrity o& the Sandiganbayan, merely stated that all persons &acing criminal

charges in court, with no e-ception, have to secure permission to leave the country.

5he court issued the +esolution dated March "I, 44#, ordering Presiding ustice :architorena $to CASand 'S(S5 &rom sitting in the case until the question o& his disquali6cation is 6nally resolved by this Courtand &rom en&orcing the resolution dated March , 44#, ordering petitioner to post bail bonds &or the #"Amended (n&ormations and &rom proceeding with the arraignment onApril ", 44#.

(ssue>

8a9 ;hether the petitioner is charged with continued crime 8delito continuado9 under Article D/ o& the+evised Penal Code<

1eld>

5he #" Amended (n&ormations charged to the petitioner is %nown as delito continuado or $continued crime$and sometimes re&erred to as $continuous crime.$ (n &airness to the mbudsmanHs 7ce o& the SpecialProsecutor, it should be borne in mind that the concept o& delito continuado has been a ve-ing problem inCriminal Law X di7cult as it is to de6ne and more di7cult to apply.

5he concept o& delito continuado, although an outcry o& the Spanish Penal Code, has been applied tocrimes penalized under special laws, e.g. violation o& +.A. !o. DI penalizing the charging o& &ees &orservices rendered &ollowing up claims &or war veteranHs bene6ts 8People v. Sabbun, SC+A I? Y4?DZ 9.Jnder Article o& the +evised Penal Code, the Code shall be supplementary to special laws, unless thelatter provide the contrary. 1ence, legal principles developed &rom the Penal Code may be applied in asupplementary capacity to crimes punished under special laws.

(n the case at bench, the original in&ormation charged petitioner with per&orming a single criminal act thato& her approving the application &or legalization o& aliens not quali6ed under the law to en3oy suchprivilege. 5he original in&ormation also averred that the criminal act > 8i9 committed by petitioner was inviolation o& a law 0 -ecutive rder !o. #"D dated April #, 4//, 8ii9 caused an undue in3ury to oneoBended party, the :overnment, and 8iii9 was done on a single day, i.e., on or about ctober @, 4//.

5he +esolution dated March #, 44# in Criminal Case !o. ??4/ o& the Sandiganbayan 8)irst 'ivision9 isa7rmed and its +esolution dated March , 44# in Criminal Case !o. ??4/ is modi6ed in the sense thatthe 7ce o& the Special Prosecutor o& the 7ce o& the mbudsman is directed to consolidate the #"Amended (n&ormations 8Criminal Cases !os. /#@ to /D"9 into one in&ormation charging only oneoBense under the original case number, i.e., !o. ??4/. 5he temporary restraining order issued by this

Court on March "I, 44# is li&ted inso&ar as to the disquali6cation o& Presiding ustice )rancis :architorenais concerned.

Repu)li At No. 080 :ul* 12, 11AN A/ D-F"N"NG AND -NAL""NG #- /R"%- F LND-R

+e it enacted % the $enate and House o epresentatives o the Philippines in &ongress assem%led>

'etio& 1. Defnition o Terms 0 As used in this Act, the term 0

a9 Public 7cer means any person holding any public o7ce in the :overnment o& the +epublic o&the Philippines by virtue o& an appointment, election or contract.

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b9 :overnment includes the !ational :overnment, and any o& its subdivisions, agencies orinstrumentalities, including government0owned or 0controlled corporations and their subsidiaries.

c9 Person includes any natural or 3uridical person, unless the conte-t indicates otherwise.

d9 (ll0gotten wealth means any asset, property, business enterprise or material possession o& anyperson within the purview o& Section 5wo 8"9 hereo&, acquired by him directly or indirectly throughdummies, nominees, agents, subordinates andKor business associates by any combination or serieso& the &ollowing means or similar schemes>

9 5hrough misappropriation, conversion, misuse, or malversation o& public &unds or raids on

the public treasuryG

"9 Fy receiving, directly or indirectly, any commission, gi&t, share, percentage, %ic%bac%s orany other &orm o& pecuniary bene6t &rom any person andKor entity in connection with anygovernment contract or pro3ect or by reason o& the o7ce or position o& the public o7cerconcernedG

#9 Fy the illegal or &raudulent conveyance or disposition o& assets belonging to the !ational:overnment or any o& its subdivisions, agencies or instrumentalities or government0ownedor 0controlled corporations and their subsidiariesG

D9 Fy obtaining, receiving or accepting directly or indirectly any shares o& stoc%, equity orany other &orm o& interest or participation including promise o& &uture employment in anybusiness enterprise or underta%ingG

I9 Fy establishing agricultural, industrial or commercial monopolies or other combinationsandKor implementation o& decrees and orders intended to bene6t particular persons orspecial interestsG or

?9 Fy ta%ing undue advantage o& o7cial position, authority, relationship, connection orinuence to un3ustly enrich himsel& or themselves at the e-pense and to the damage andpre3udice o& the )ilipino people and the +epublic o& the Philippines.

See Section " As amended by Section " o& +A !o.@?I4'etio& 2. Defnition o the Crime o Plunder; Penalties 0 Any public o7cer who, by himsel& or inconnivance with members o& his &amily, relatives by a7nity or consanguinity, business associatessubordinates or other persons, amasses, accumulates or acquires ill0gotten wealth through a combinationor series o& overt or criminal acts as described in Section 8d9 hereo&, in the aggregate amount or totalvalue o& at least Seventy06ve million pesos 8P@I,,.9, shall be guilty o& the crime o& plunder and

shall be punished by li&e imprisonment with perpetual absolute disquali6cation &rom holding any publico7ce. Any person who participated with said public o7cer in the commission o& plunder shall li%ewise bepunished. (n the imposition o& penalties, the degree o& participation and the attendance o& mitigating ande-tenuating circumstances shall be considered by the court. 5he court shall declare any and all ill0gottenwealth and their interests and other incomes and assets including the properties and shares o& stoc%derived &rom the deposit or investment thereo& &or&eited in &avor o& the State.

'etio& 3. Competent Court 0 Jntil otherwise provided by law, all prosecutions under this Act shall bewithin the original 3urisdiction o& the Sandiganbayan.

'etio& 4. Rule o Evidence 0 )or purposes o& establishing the crime o& plunder, it shall not be necessaryto prove each and every criminal act done by the accused in &urtherance o& the scheme or conspiracy toamass, accumulate or acquire ill0gotten wealth, it being su7cient to establish beyond reasonable doubt apattern o& overt or criminal acts indicative o& the overall unlaw&ul scheme or conspiracy.

'etio& 5. Suspension and Loss o Benefts 0 Any public o7cer against whom any criminaprosecution under a valid in&ormation under this Act in whatever stage o& e-ecution and mode o&participation, is pending in court, shall be suspended &rom o7ce. Should he be convicted by 6na

3udgment, he shall lose all retirement or gratuity bene6ts under any law, but i& he is acquitted, he shall beentitled to reinstatement and to the salaries and other bene6ts which he &ailed to receive duringsuspension, unless in the meantime, administrative proceedings have been 6led against him.

'etio& 6. Prescription o Crimes 0 5he crime punishable under this Act shall prescribe in twenty 8"9years. 1owever, the right o& the State to recover properties unlaw&ully acquired by public o7cers &romthem or &rom their nominees or trans&erees shall not be barred by prescription, laches, or estoppel.

'etio& . Separability o Provisions 0 (& any provisions o& this Act or the application thereo& to anyperson or circumstance is held invalid, the remaining provisions o& this Act and the application o& such

http://www.lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html#s12

http://www.lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html#s12

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provisions to other persons or circumstances shall not be aBected thereby.

'etio& 8. Scope 0 5his Act shall not apply to or aBect pending prosecutions or proceedings, or thosewhich may be instituted under -ecutive rder !o. , issued and promulgated on )ebruary "/, 4/?.

'etio& . Eectivity 0 5his Act shall ta%e eBect a&ter 6&teen 8I9 days &rom its publication in the 7cial:azette and in a newspaper o& general circulation.

Approved> uly ", 44

strada vs. Sandiganbayan:.+. !o. D/I?. !ovember 4, "

etitio&er! :osep= -Eerito -stra$a

Respo&$e&ts! 'a&$i(a&)a*a& @=ir$ Divisio& a&$ eople o? t=e =ilippi&es

o&e&te! :. ellosillo

FA/'!

Section " o& +.A. !o. @/ 8An Act 'e6ning and Penalizing the Crime o& Plunder9 as amended by +.A. !o.

@?I4 substantially provides that any public o7cer who amasses, accumulates or acquires ill0gotten wealth

through a combination or series o& overt or criminal acts in the aggregate amount or total value o& at least

6&ty million pesos 8PI,,.9 shall be guilty o& the crime o& plunder. Petitioner oseph 3ercito

strada, being prosecuted under the said Act, assailed its constitutionality, arguing inter alia, that it

abolishes the element o& mens rea in crimes already punishable under 5he +evised Penal CodeG and as

such, a violation o& the &undamental rights o& the accused to due process and to be in&ormed o& the nature

and cause o& the accusation against him.

"''-!

;hether or not the crime o& plunder as de6ned in +.A. !o. @/ is a malum prohi%itum.

#-LD!

!o. 5he Supreme Court held that plunder is malum in se which requires proo& o& criminal intent. Moreover,

the legislative declaration in +.A. !o. @?I4 that plunder is a heinous oBense implies that it is amalum in se

5he predicate crimes in the case o& plunder involve acts which are inherently immoral or inherently wrong,and are committed Twill&ully, unlaw&ully and criminallyU by the oBender, alleging his guilty %nowledge.

5hus, the crime o& plunder is a malum in se.

'-RA" 7. 'AND"GANAAN

/N'L"DA-D /A'-' :a&uar* 28, 2003

G.R. No. 148468, G.R. No. 1486, G.R. No. 14116

FA/'!

dward Serapio was a member o& the Foard o& 5rustees and the Legal Counsel o& rap Muslim =outh

)oundation. 5his &oundation was established to help provide educational opportunities &or the poor and

underprivileged but deserving Muslim youth and students. 'onations came pouring in &rom various

institutions, organizations and that o& Chavit Singson. 1owever, on the latter part o& ",/=avit ause$

t=e& resi$e&t -stra$a a&$ =is o=orts o? e&(a(i&( i& t=e ille(al &u+)er (a+e Euete&( as

protetor, )e&eiar* a&$ reipie&t. 5he mbudsman too% the necessary steps and 6nd probable

cause, thus the case o& plunder be&ore the Sandiganbayan.

5he accused, herein petitioner too% all le(al re+e$* to )ail but consequently due to numerous petitions

and +otio& to uas=, the same was suspended and counter petitioned. Petitioner also prayed

&or issua&e o? =a)eas orpus.

http://sc.judiciary.gov.ph/jurisprudence/2001/nov2001/148560.htm

http://sc.judiciary.gov.ph/jurisprudence/2001/nov2001/148560.htm

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"''-!

;! petitioner should be arraigned 6rst be&ore hearing his petition &or bailG

;! petitioner may 6le a motion to quash the amended in&ormation during pendency o& his

petition to bailG and

;! petitioner should instead be released through a writ o& habeas corpus.

#-LD!

A. Although he was already arraigned, no plea has yet been entered thereby rendering the case moot.

!onetheless, the court ta%es cognizance and held that arrai(&+e&t is &ot a prereuisite to o&$ut

=eari&( o& petitio& ?or )ail.

. 5he court 6nds no inconsistency between an application o& an accused &or bail and his 6ling o& motion to

quash. ail, is a seurit* (ive& to release a perso& i& usto$* o? t=e la>. A +otio& to uas= o&

t=e ot=er =a&$ is a +o$e )* >=i= a& ause$ assails t=e vali$it* o? a ri+i&al o+plai&t le$a(ai&st =i+ ?or i&suBie&* o? its ?ats i& posits la>. 5his tow has ob3ectives not necessarily

antithetical to each other.

/. (n e-ceptional cases, habeas corpus may be granted by the court even when the person is detained

pursuant to a valid arrest or his voluntary surrender. 1owever, in the case at bar, there is no showing o&

any basis &or the issuance o& the writ. =e (e&eral rule is t=at t=e >rit $oes &ot appl* >=e& t=e

perso& alle(e$ to )e restrai&t o? =is li)ert* is i& usto$* o? a& oBer u&$er proess issue$ )*

o+pete&t ourtG more so, petitioner is under detention pursuant to a valid arrest order.

5he petition was partly :+A!5' on motion to quash. 5he petition &or habeas corpus and bail was

'(SM(SS'.

-stepa vs. 'a&$i(a&)a*a&Paymaster case.(n crime o& malversation, all that is necessary&or conviction is proo& that accountable o7cerhad receivedthe public &unds and that he didn o t h a v e t h e m i n h i s p o s s e s s i o n w h e n demand there&orewas made and he could notsatis&actorily e-plain his &ailure so to account.An accountable o7cer may be convicted &ormalversation even i& there is not directevidence o&personal misappropriation wherehe has not been able to e-plain satis&actorilythe absence o& the &undsinvolved.

Jnder "@ there is prima &acie evidence o& malverdation where the accountable publico7 cer&ails to have duly &orthcoming anypublic &unds with which he is chargeable upondemand by dulyauthorized o7cer."lo(o& vs. 'a&$i(a&)a*a&*ales case.

5he &act that petitioner did not personally usethe missing &unds is not a valid de&enseandwil l no t e-cu lp at e him &ro m his cri min al l iabil ity. And as aptly &oundby respondentSa nd ig an ba ya n, th e &a ct th e im me di at e superiors o& the accused haveacquiesced tothe practice o& giving out case advances&orc o n v e n i e n c e d i d n o t l e g a l i z e t h e disbursements.

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AHaro& vs. 'a&$i(a&)a*a&Case where Azarcon was requested by the'irector o& the F(+ to distraintthe goods,ch a t t e l s o r o t h e r p r o p s o & A n c l a b e c a delinquent ta-payer.Although sec "? o& the !(+C authorizes theF(+ to eBect a constructive distraint byrequiring any person topreserve distrainedprop there is no provision in the !(+Cconstituting such person a public o7cer byreason o&such requirement. 5he F(+Ws powerauthorizing a private indiv to act asdepositary cannot be stretched to includethepower to appoint him as a public o7cer.Consideration o& A+5. """ private indiv aspublic o7cer. SC ruled that a private indivwho has in his charge any o& thepublic &undsor prop enumerated and commits any o& theacts de6ned should li%ewise be penelized withthe samepenalty meted to erring publico7cers. !owhere in the said provision is ite-pressed or implied that a privateindiv bedeemed a public o7cer. Azarcon and Ancla,his co0accused, are both private indivs.IFID!#I*4 I *H! &5$*/D4 /F PI$/!$Ro$illas vs. 'a&$i(a&)a*a&Case where the police allowed the woman togo to the C+ without inspecting 6rst i& therewas a way &or her toescape.(t was improper &or pet to allow pris to havelunch with &amily when he was supposed tobring the pris bac%to 3ail which is R away&rom the sala o& the 3udge. (t is his duty tota%e necessary precautions to assuretheabsence o& any means o& escape. A &ailure tounderta%e these precautions will ma%e his actone o&de6nite la-ity o& negligence amountingto deliberate non0per&ormance o& duty.

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