Anti Graft Law

7/27/2019 Anti Graft Law

1/22

REPUBLIC ACT NO. 3019 August 17, 1960ANTI-GRAFT AND CORRUPT PRACTICES ACT

I. FULL TEXT OF R.A. 3019

Sec. 1. Statement of policy. It is the policy of the PhilippineGovernment, in line with the principle that a public office is apublic trust, to repress certain acts of public officers and privatepersons alike which constitute graft or corrupt practices or whichmay lead thereto.

Sec. 2. Definition of terms. As used in this Act, that term(a)"Government" includes the national government, the localgovernments, the government-owned and government-controlledcorporations, and all other instrumentalities or agencies of theRepublic of the Philippines and their branches.

(b) "Public officer" includes elective and appointive officialsand employees, permanent or temporary, whether in theclassified or unclassified or exempt service receiving

compensation, even nominal, from the government as defined inthe preceding subparagraph.(c)"Receiving any gift" includes the act of accepting directly orindirectly a gift from a person other than a member of the publicofficer's immediate family, in behalf of himself or of any memberof his family or relative within the fourth civil degree, either byconsanguinity or affinity, even on the occasion of a familycelebration or national festivity like Christmas, if the value ofthe gift is under the circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unlessthe context indicates otherwise.Sec. 3. Corrupt practices of public officers. In addition to actsor omissions of public officers already penalized by existing law,the following shall constitute corrupt practices of any publicofficer and are hereby declared to be unlawful:


2/22

(a)Persuading, inducing or influencing another public officer toperform an act constituting a violation of rules and regulationsduly promulgated by competent authority or an offense inconnection with the official duties of the latter, or allowing

himself to be persuaded, induced, or influenced to commit suchviolation or offense.

(b) Directly or indirectly requesting or receiving any gift,present, share, percentage, or benefit, for himself or for anyother person, in connection with any contract or transactionbetween the Government and any other part, wherein the publicofficer in his official capacity has to intervene under the law.(c)Directly or indirectly requesting or receiving any gift, presentor other pecuniary or material benefit, for himself or for

another, from any person for whom the public officer, in anymanner or capacity, has secured or obtained, or will secure orobtain, any Government permit or license, in consideration forthe help given or to be given, without prejudice to Sectionthirteen of this Act.

(d) Accepting or having any member of his family acceptemployment in a private enterprise which has pending officialbusiness with him during the pendency thereof or within one

year after its termination.(e)Causing any undue injury to any party, including theGovernment, or giving any private party any unwarrantedbenefits, advantage or preference in the discharge of his officialadministrative or judicial functions through manifest partiality,evident bad faith or gross inexcusable negligence. This provisionshall apply to officers and employees of offices or governmentcorporations charged with the grant of licenses or permits orother concessions.

( f ) Neglecting or refusing, after due demand or request,without sufficient justification, to act within a reasonable timeon any matter pending before him for the purpose of obtaining,directly or indirectly, from any person interested in the mattersome pecuniary or material benefit or advantage, or for the


3/22


4/22


5/22

Sec. 6. Prohibition on Members of Congress. It shall be unlawfulhereafter for any Member of the Congress during the term forwhich he has been elected, to acquire or receive any personal

pecuniary interest in any specific business enterprise which willbe directly and particularly favored or benefited by any law orresolution authored by him previously approved or adopted bythe Congress during the same term.The provision of this section shall apply to any other publicofficer who recommended the initiation in Congress of theenactment or adoption of any law or resolution, and acquires orreceives any such interest during his incumbency.

It shall likewise be unlawful for such member of Congress or

other public officer, who, having such interest prior to theapproval of such law or resolution authored or recommended byhim, continues for thirty days after such approval to retain suchinterest.Sec. 7. Statement of assets and liabilities. Every public officer,within thirty days after the approval of this Act or after assumingoffice, and within the month of January of every other yearthereafter, as well as upon the expiration of his term of office,or upon his resignation or separation from office, shall prepare

and file with the office of the corresponding Department Head,or in the case of a Head of Department or chief of anindependent office, with the Office of the President, or in thecase of members of the Congress and the officials and employeesthereof, with the Office of the Secretary of the correspondingHouse, a true detailed and sworn statement of assets andliabilities, including a statement of the amounts and sources ofhis income, the amounts of his personal and family expenses andthe amount of income taxes paid for the next preceding calendaryear: Provided, That public officers assuming office less than twomonths before the end of the calendar year, may file theirstatements in the following months of January.

Sec. 8. Dismissal due to unexplained wealth. If in accordancewith the provisions of Republic Act Numbered One thousandthree hundred seventy-nine, a public official has been found to


6/22

have acquired during his incumbency, whether in his name or inthe name of other persons, an amount of property and/or moneymanifestly out of proportion to his salary and to his other lawfulincome, that fact shall be a ground for dismissal or removal.

Properties in the name of the spouse and unmarried children ofsuch public official may be taken into consideration, when theiracquisition through legitimate means cannot be satisfactorilyshown. Bank deposits shall be taken into consideration in theenforcement of this section, notwithstanding any provision of lawto the contrary.

Sec. 9. Penalties for violations. (a) Any public officer or privateperson committing any of the unlawful acts or omissionsenumerated in Sections 3, 4, 5 and 6 of this Act shall be punished

with imprisonment for not less than one year nor more than tenyears, perpetual disqualification from public office, andconfiscation or forfeiture in favor of the Government of anyprohibited interest and unexplained wealth manifestly out ofproportion to his salary and other lawful income.

Any complaining party at whose complaint the criminalprosecution was initiated shall, in case of conviction of theaccused, be entitled to recover in the criminal action with

priority over the forfeiture in favor of the Government, theamount of money or the thing he may have given to the accused,or the value of such thing.(b) Any public officer violation any of the provisions ofSection 7 of this Act shall be punished by a fine of not less thanone hundred pesos nor more than one thousand pesos, or byimprisonment not exceeding one year, or by both such fine andimprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrativeproceeding shall be sufficient cause for removal or dismissal of apublic officer, even if no criminal prosecution is institutedagainst him.Sec. 10. Competent court. Until otherwise provided by law, allprosecutions under this Act shall be within the originaljurisdiction of the proper Court of First Instance.


7/22

Sec. 11. Prescription of offenses. All offenses punishable underthis Act shall prescribe in ten years.

Sec. 12. Termination of office. No public officer shall be allowed

to resign or retire pending an investigation, criminal oradministrative, or pending a prosecution against him, for anyoffense under this Act or under the provisions of the RevisedPenal Code on bribery.Sec. 13. Suspension and loss of benefits. Any public officeragainst whom any criminal prosecution under a valid informationunder this Act or under the provisions of the Revised Penal Codeon bribery is pending in court, shall be suspended from office.Should he be convicted by final judgment, he shall lose allretirement or gratuity benefits under any law, but if he is

acquitted, he shall be entitled to reinstatement and to thesalaries and benefits which he failed to receive duringsuspension, unless in the meantime administrative proceedingshave been filed against him.

Sec. 14. Exception. Unsolicited gifts or presents of small orinsignificant value offered or given as a mere ordinary token ofgratitude or friendship according to local customs or usage, shallbe excepted from the provisions of this Act.

Nothing in this Act shall be interpreted to prejudice or prohibitthe practice of any profession, lawful trade or occupation by anyprivate person or by any public officer who under the law maylegitimately practice his profession, trade or occupation, duringhis incumbency, except where the practice of such profession,trade or occupation involves conspiracy with any other person orpublic official to commit any of the violations penalized in thisAct.

Sec. 15. Separability clause. If any provision of this Act or theapplication of such provision to any person or circumstances isdeclared invalid, the remainder of the Act or the application ofsuch provision to other persons or circumstances shall not beaffected by such declaration.


8/22

Sec. 16. Effectivity. This Act shall take effect on its approval,but for the purpose of determining unexplained wealth, allproperty acquired by a public officer since he assumed officeshall be taken into consideration.

Approved: August 17, 1960


9/22

II. EXPLANATION.

I. Definition of terms.

(a) "Government" includes the national government, thelocal governments, the government-owned and government-controlled corporations, and all other instrumentalities or agenciesof the Republic of the Philippines and their branches.

(b) "Public officer" includes elective and appointive officialsand employees, permanent or temporary, whether in the classifiedor unclassified or exempt service receiving compensation, evennominal, from the government as defined in the precedingsubparagraph.

(c) "Receiving any gift" includes the act of acceptingdirectly or indirectly a gift from a person other than a member ofthe public officer's immediate family, in behalf of himself or of anymember of his family or relative within the fourth civil degree,either by consanguinity or affinity, even on the occasion of a familycelebration or national festivity like Christmas, if the value of the

gift is under the circumstances manifestly excessive.

(d) "Person" includes natural and juridical persons, unlessthe context indicates otherwise.

II. Corrupt practices of public officers. In addition to acts oromissions of public officers already penalized by existing law, thefollowing shall constitute corrupt practices of any public officer andare hereby declared to be unlawful:

(a) Persuading, inducing or influencing another publicofficer to perform an act constituting a violation of rules andregulations duly promulgated by competent authority or an offensein connection with the official duties of the latter, or allowinghimself to be persuaded, induced, or influenced to commit suchviolation or offense.


10/22

(b) Directly or indirectly requesting or receiving any gift,present, share, percentage, or benefit, for himself or for any otherperson, in connection with any contract or transaction between the

Government and any other part, wherein the public officer in hisofficial capacity has to intervene under the law.

(c) Directly or indirectly requesting or receiving any gift,present or other pecuniary or material benefit, for himself or foranother, from any person for whom the public officer, in anymanner or capacity, has secured or obtained, or will secure orobtain, any Government permit or license, in consideration for thehelp given or to be given, without prejudice to Section thirteen ofthis Act.

(d) Accepting or having any member of his family acceptemployment in a private enterprise which has pending officialbusiness with him during the pendency thereof or within one yearafter its termination.

(e) Causing any undue injury to any party, including theGovernment, or giving any private party any unwarranted benefits,advantage or preference in the discharge of his official

administrative or judicial functions through manifest partiality,evident bad faith or gross inexcusable negligence. This provisionshall apply to officers and employees of offices or governmentcorporations charged with the grant of licenses or permits or otherconcessions.

( f ) Neglecting or refusing, after due demand or request,without sufficient justification, to act within a reasonable time onany matter pending before him for the purpose of obtaining,directly or indirectly, from any person interested in the mattersome pecuniary or material benefit or advantage, or for the purposeof favoring his own interest or giving undue advantage in favor of ordiscriminating against any other interested party.

(g) Entering, on behalf of the Government, into anycontract or transaction manifestly and grossly disadvantageous to


11/22

the same, whether or not the public officer profited or will profitthereby.

(h) Director or indirectly having financing or pecuniary

interest in any business, contract or transaction in connection withwhich he intervenes or takes part in his official capacity, or inwhich he is prohibited by the Constitution or by any law from havingany interest.

(i) Directly or indirectly becoming interested, for personalgain, or having a material interest in any transaction or actrequiring the approval of a board, panel or group of which he is amember, and which exercises discretion in such approval, even if hevotes against the same or does not participate in the action of the

board, committee, panel or group.

Interest for personal gain shall be presumed against those publicofficers responsible for the approval of manifestly unlawful,inequitable, or irregular transaction or acts by the board, panel orgroup to which they belong.

( j) Knowingly approving or granting any license, permit,privilege or benefit in favor of any person not qualified for or not

legally entitled to such license, permit, privilege or advantage, orof a mere representative or dummy of one who is not so qualified orentitled.

(k) Divulging valuable information of a confidential character,acquired by his office or by him on account of his official position tounauthorized persons, or releasing such information in advance ofits authorized release date.

The person giving the gift, present, share, percentage orbenefit referred to in subparagraphs (b) and (c); or offering orgiving to the public officer the employment mentioned insubparagraph (d); or urging the divulging or untimely release of theconfidential information referred to in subparagraph (k) of this


12/22

section shall, together with the offending public officer, bepunished under Section nine of this Act and shall be permanently ortemporarily disqualified in the discretion of the Court, fromtransacting business in any form with the Government.

III. Prohibition on private individuals.

(a) It shall be unlawful for any person having family or closepersonal relation with any public official to capitalize orexploit or take advantage of such family or close personalrelation by directly or indirectly requesting or receiving anypresent, gift or material or pecuniary advantage from anyother person having some business, transaction, application,request or contract with the government, in which such public

official has to intervene. Family relation shall include thespouse or relatives by consanguinity or affinity in the thirdcivil degree. The word "close personal relation" shall includeclose personal friendship, social and fraternal connections,and professional employment all giving rise to intimacy whichassures free access to such public officer.

(b) It shall be unlawful for any person knowingly to induce orcause any public official to commit any of the offenses

defined in Section 3 hereof.

IV. Prohibition on certain relatives.

It shall be unlawful for the spouse or for any relative, byconsanguinity or affinity, within the third civil degree, of thePresident of the Philippines, the Vice-President of the Philippines,the President of the Senate, or the Speaker of the House ofRepresentatives, to intervene, directly or indirectly, in anybusiness, transaction, contract or application with the Government:Provided, That this section shall not apply to any person who, priorto the assumption of office of any of the above officials to whom heis related, has been already dealing with the Government along thesame line of business, nor to any transaction, contract orapplication already existing or pending at the time of such


13/22

assumption of public office, nor to any application filed by him theapproval of which is not discretionary on the part of the official orofficials concerned but depends upon compliance with requisitesprovided by law, or rules or regulations issued pursuant to law, nor

to any act lawfully performed in an official capacity or in theexercise of a profession.

V. Prohibition on Members of Congress.

It shall be unlawful hereafter for any Member of the Congressduring the term for which he has been elected, to acquire orreceive any personal pecuniary interest in any specific businessenterprise which will be directly and particularly favored or

benefited by any law or resolution authored by him previouslyapproved or adopted by the Congress during the same term.The provision of this section shall apply to any other public officerwho recommended the initiation in Congress of the enactment oradoption of any law or resolution, and acquires or receives any suchinterest during his incumbency.

It shall likewise be unlawful for such member of Congress or otherpublic officer, who, having such interest prior to the approval of

such law or resolution authored or recommended by him, continuesfor thirty days after such approval to retain such interest.

VI. Statement of assets and liabilities.

Every public officer, within thirty days after the approval of this Actor after assuming office, and within the month of January of everyother year thereafter, as well as upon the expiration of his term ofoffice, or upon his resignation or separation from office, shallprepare and file with the office of the corresponding DepartmentHead, or in the case of a Head of Department or chief of anindependent office, with the Office of the President, or in the caseof members of the Congress and the officials and employeesthereof, with the Office of the Secretary of the correspondingHouse, a true detailed and sworn statement of assets and liabilities,


14/22

including a statement of the amounts and sources of his income, theamounts of his personal and family expenses and the amount ofincome taxes paid for the next preceding calendar year: Provided,That public officers assuming office less than two months before

the end of the calendar year, may file their statements in thefollowing months of January.

VII. Dismissal due to unexplained wealth.

If in accordance with the provisions of Republic Act Numbered Onethousand three hundred seventy-nine, a public official has beenfound to have acquired during his incumbency, whether in his nameor in the name of other persons, an amount of property and/ormoney manifestly out of proportion to his salary and to his other

lawful income, that fact shall be a ground for dismissal or removal.Properties in the name of the spouse and unmarried children ofsuch public official may be taken into consideration, when theiracquisition through legitimate means cannot be satisfactorilyshown. Bank deposits shall be taken into consideration in theenforcement of this section, notwithstanding any provision of law tothe contrary.

VIII. Penalties

(a) Any public officer or private person committing any of theunlawful acts or omissions enumerated in Sections 3, 4, 5 and 6 ofthis Act shall be punished with imprisonment for not less than oneyear nor more than ten years, perpetual disqualification from publicoffice, and confiscation or forfeiture in favor of the Government ofany prohibited interest and unexplained wealth manifestly out ofproportion to his salary and other lawful income.

Any complaining party at whose complaint the criminalprosecution was initiated shall, in case of conviction of the accused,be entitled to recover in the criminal action with priority over theforfeiture in favor of the Government, the amount of money or thething he may have given to the accused, or the value of such thing.


15/22

(b) Any public officer violation any of the provisions ofSection 7 of this Act shall be punished by a fine of not less than onehundred pesos nor more than one thousand pesos, or byimprisonment not exceeding one year, or by both such fine and

imprisonment, at the discretion of the Court.

The violation of said section proven in a proper administrativeproceeding shall be sufficient cause for removal or dismissal of apublic officer, even if no criminal prosecution is instituted againsthim.

VIII. Competent court.

Until otherwise provided by law, all prosecutions under this Act

shall be within the original jurisdiction of the proper Court of FirstInstance.

IX. Prescription of offenses.

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

X. Termination of office.

No public officer shall be allowed to resign or retire pendingan investigation, criminal or administrative, or pending aprosecution against him, for any offense under this Act or under theprovisions of the Revised Penal Code on bribery.

XI. Suspension and loss of benefits.

Any public officer against whom any criminal prosecutionunder a valid information under this Act or under the provisions ofthe Revised Penal Code on bribery is pending in court, shall besuspended from office. Should he be convicted by final judgment,he shall lose all retirement or gratuity benefits under any law, butif he is acquitted, he shall be entitled to reinstatement and to thesalaries and benefits which he failed to receive during suspension,unless in the meantime administrative proceedings have been filedagainst him.


16/22

Exception.

Unsolicited gifts or presents of small or insignificant valueoffered or given as a mere ordinary token of gratitude or friendship

according to local customs or usage, shall be excepted from theprovisions of this Act.

Nothing in this Act shall be interpreted to prejudice orprohibit the practice of any profession, lawful trade or occupationby any private person or by any public officer who under the lawmay legitimately practice his profession, trade or occupation,during his incumbency, except where the practice of suchprofession, trade or occupation involves conspiracy with any otherperson or public official to commit any of the violations penalized in

this Act.


17/22

III. JURISPRUDENCE

G.R. No. 96131 September 6, 1991

CORAZON C. GONZAGA, petitioner,

vs.

THE HONORABLE SANDIGANBAYAN (FIRST DIVISION), THEPEOPLE OF THE PHILIPPINES, and THE DEPARTMENT OFEDUCA PETITION CULTURE AND SPORTS, respondents.

Prospers A. Crescini for petitioner.

PADILLA, J.:p

Assailed in this petition for review on certiorari are two (2)resolutions of the Sandiganbayan, dated 10 September1990 and 30 October 1990, respectively, rendered inCriminal Case No. 14404, entitled "People vs. Corazon C.

Gonzaga" (For: Malversation under Article 217 of theRevised Penal Code). The resolution dated 10 September1990 granted the prosecution's motion to suspendaccused-petitioner', pendente lite, from her position asschool principal of Malabon Municipal High School,Malabon, Metro Manila. The resolution dated 30 October1990 denied accused-petitioner's motion forreconsideration of the 10 September 1990 resolution.

Petitioner alleges in her present petition 1 that acomplaint for malversation of public funds was filedagainst her, in her capacity as School Principal of theMalabon Municipal High School, Malabon, Metro Manila.

The complaint was filed before the Ombudsman by theMunicipal Administrator of the Municipality of Malabon,based on the audit report of the Commission on Audit,


18/22

wherein petitioner as an accountable officer is alleged tohave incurred a shortage of P15,188.37; that aninformation 2 dated 2 March 1990 was thereafter filedagainst petitioner before the Sandiganbayan for the crime

of malversation of public funds under Article 217 of theRevised Penal Code; 3 that before she could be arraigned,accused-petitioner filed with respondent court a motionfor re- investigation, which motion was denied by saidcourt in its resolution dated 2 July 1990; 4 that on 17August 1990, accused-petitioner pleaded not guilty to thecrime charged; and that on the same date, theprosecution filed a motion seeking to suspend, pendentelite, the accused as school principal of the above-namedschool, 5 on the basis of Section 13, Republic Act 3019

("Anti-Graft and Corrupt Practices Act"), as amended byBatas Pambansa Blg. 195. 6

The resolution dated 10 September 1990 granted theprosecutions motion to suspend the accused, pendentelite, the dispositive portion of which reads:

IN VIEW OF THE FOREGOING, accused CORAZONGONZAGA is hereby suspended pendente lite from her

position as Principal of the Malabon National High School,Malabon, Metro Manila and from such other publicpositions that she maybe holding, effective immediatelyupon notice hereof.Let a copy of the Resolution be furnished to the Secretaryof the Department of Education, Culture and Sports,Intramuros, Manila for implementation thereof and toinform this Court of the action he has taken thereon withinfive (5) days from receipt hereof. 7

Petitioner's motion for reconsideration of the above-quoted resolution was, as aforestated, denied by therespondent court in its resolution dated 30 October 1990,dispositive part of which reads:


19/22

Considering the mandatory character of Sec. 13 of R.A.No. 3019 and the various decisions of the Supreme Courtupholding the validity of the same, accused Gonzaga'sMotion for Reconsideration of the resolution of this Court

dated September 10, 1990 suspending her pendente liteis denied. 8

In the present petition, petitioner questions the validity ofthe suspension imposed on her as school principal ofMalabon Municipal High School by the aforestatedresolutions of the respondent court.We find merit in the petition.It will be noted that in the questioned resolutions,respondent court imposed on petitioner an indefinite

period of suspension, pendente lite, from her mentionedoffice, on the basis of Section 13, Rep. Act 3019, asamended, earlier quoted. Petitioner at the outset contendsthat Section 13 of Rep. Act 3019, as amended, isunconstitutional as the suspension provided thereunderpartake of a penalty even before a judgment of convictionis reached, and is thus violative of her constitutional rightto be presumed innocent.

We do not accept the contention because: firstly, underSection 13, Rep. Act 3019, suspension of a public officerupon the filing of a valid information is mandatory. 9 Whatthe Constitution rejects is a preventive suspension ofindefinite duration as it raises, at the very least, questionsof denial of due process and equal protection of the laws;in other words, preventive suspension is justifiable for aslong as its continuance is for a reasonable length of time;10 secondly, preventive suspension is not a penalty; 11 aperson under preventive suspension, especially in acriminal action, remains entitled to the constitutionalpresumption of innocence as his culpability must still beestablished established 12 thirdly, the rule is that everylaw has in its favor the presumption of validity, and that todeclare a law unconstitutional, the basis for such adeclaration must be clearly established. 13


20/22

The issue in this case, as we see it, is not whether Section13, Rep. Act 3019 is valid or not, but rather whether thesame is constitutionally applied in relation to the

surrounding circumstances. 14It is worthy to note that even prior to the cases of Deloso(1988) and Doromal (1989), to be discussed shortly,pronouncements had already been made by the Court inthe cases of Garcia (1962) and Layno (1985) 15 to theeffect that a preventive suspension lasting for anunreasonable length of time violates the Constitution. Inthe more recent cases of Deloso vs. Sandiganbayan, andDoromal vs. Sandiganbayan, 16 suspension under Section13 of Rep. Act 3019 was held as limited to a maximum

period of ninety (90) days, in consonance with Section 42of Pres. Decree No. 807 (otherwise known as the "CivilService Decree"). 17 We see no cogent reason why thesame rule should not apply to herein petitioner.

In fact, the recommendation of the Solicitor General(counsel for public respondent) is that, inasmuch as thesuspension mentioned under Section 13 of Rep. Act 3019is understood as limited to a maximum duration of ninety

(90) days, the order of suspension imposed on petitioner,having been rendered on 10 September 1990, should nowbe lifted, as suspension has already exceeded themaximum period of ninety (90) days.All told, preventive suspension is not violative of theConstitution as it is not a penalty. In fact, suspensionparticularly under Section 13 of Rep. Act 3019 ismandatory once the validity of the information isdetermined. 18 What the Constitution abhors is anindefinite preventive suspension as it violates the dueprocess and equal protection clauses, 19 and the right ofpublic officers and employees to security of tenure. 20

Henceforth, considering that the persons who can becharged under Rep. Act 3019, as amended, includeelective and appointive officers and employees, and


21/22

futher taking into account the rulings in the Deloso andDoromal cases, the ninety (90)-day maximum period forsuspension under Section 13 of the said Act shall apply toall those who are validly charged under the said Act,

whether elective or appointive officer or employee asdefined in Section 2(b) of Rep. Act 3019. 21

To the extent that there may be cases of indefinitesuspension imposed either under Section 13 of Rep. Act3019, or Section 42 of Pres. Decree 807, it is best for theguidance of all concerned that this Court set forth therules on the period of preventive suspension under theaforementioned laws, as follows:

1. Preventive suspension under Section 13, Rep. Act 3019as amended shall be limited to a maximum period ofninety (90) days, from issuance thereof, and this appliesto all public officers, (as defined in Section 2(b) of Rep. Act3019) who are validly charged under said Act.2. Preventive suspension under Section 42 of Pres. Decree807 shall apply to all officers or employees whosepositions are embraced in the Civil Service, as providedunder Sections 3 and 4 of Id Pres. Decree 807; 22 and

shall be limited to a maximum period of ninety (90) daysfrom issuance, except where there is delay in thedisposition of the case, which is due to the fault,negligence or petition of the respondent, in which casethe period of delay shall not be counted in computing theperiod of suspension herein stated; provided that if theperson suspended is a presidential appointee, 23 thecontinuance of his suspension shag be for a reasonabletime as the circumstances of the case may warrant.

WHEREFORE, the petition is GRANTED and the questionedresolutions of the respondent Sandiganbayan, dated 10September 1990 and 30 October 1990, are hereby SETASIDE. Petitioner may re-assume the position of schoolprincipal of the Malabon Municipal High School, MalabonMetro Manila without prejudice to the continuation of trial


22/22

on the merits of the pending case against her in theSandiganbayan, unless there are other supervening legalgrounds which would prevent such re-assumption ofoffice.

SO ORDERED.

Fernan, C.J., Narvasa, Melencio-Herrera, Gutierrez, Jr.,Cruz, Paras, Bidin, Grino-Aquino, Medialdea, Regalado andDavide, Jr., JJ., concur.Feliciano and Sarmiento, JJ., is on leave.

Anti Graft Law

Documents

Transcript of Anti Graft Law