Se
Republic of the Philippines {=° RECEIVED 2
HOUSE OF REPRESENTATIVES i= oaNOV 25 2019 Sr
Quezon City a

18” Congress
First Regular Session

HOUSE BILL No5804:

Introduced by: Hon. Raneo E. Abu

EXPLANATORY NOTE

Section 27, Article I, of the 1987 Constitution provides that “[t]he State shall
maintain honesty and integrity in public service and take positive and effective
measures against graft and corruption.”

Section 15, Article XI of the 1987 Constitution states that “[t]he right of the State
to recover properties unlawfully acquired by public officials or employees, from them
or from their nominees or transferees, shall not be barred by prescription, laches, or
estoppel.”

Section 1 of Republic Act 3019 or the “Anti-Graft and Corrupt Practices Act”
(R.A. 3019) also provides that “{ijt is the policy of the Philippine Government, in line
with the principle that a public office is a public trust, to repress certain acts of public
officers and private persons alike which constitute graft or corrupt practices or which
may lead thereto.”

The commission of graft and corruption by any public officer can be considered
as the highest form of betrayal of public trust and any prosecution for such act should
be imprescriptible in the same manner as the right of the State to recover properties
unlawfully acquired by public officers or employees.

The first sentence of Section 14 of Republic Act 3019 causes confusion in the
implementation of the said law as there exist an ambiguity as to when a given case
falls under the exception provided therein. There is a need to eliminate this part of the
above-mentioned law.

This measure aims to eliminate to confusion created by the first sentence of
Section 14 of Republic Act 3019 and to make the offenses described in the said law
as imprescriptible.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

18" Congress
First Regular Session

HOUSE BILL No. 9604

Introduced by: Hon. Raneo E. Abu

AN ACT
AMENDING SECTIONS 11 and 14 OF REPUBLIC ACT NO. 3019, OTHERWISE
KNOWN AS “THE ANTI-GRAFT AND CORRUPT PRACTICE ACT”, AS
AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled,

SECTION 1. Section 11 of Republic Act No. 3019, as amended by Republic Act 10910,
is further amended to read as follows:

“Sec. 11. Prescription of offenses - All offenses punishable under this Act shall
be imprescriptible.”

SECTION 2. Section 14 of Republic Act No. 3019, as amended by Republic Act 10910,
is further amended to read as follows:

"Sec. 14. Exception. Nothing in this Act shall be interpreted to prejudice or
prohibit the practice of any profession, lawful trade or occupation by any private person
or by any public officer who under the law may legitimately practice his profession,
trade or occupation, during his incumbency, except where the practice of such
profession, trade or occupation involves conspiracy with any other person or public
official to commit any of the violations penalized in this Act.”


SECTION. 3. Separability Clause. - Should anyj provision of this Act be declared
invalid the remaining provisions shall continue to be valid and subsisting.

SECTION. 4. Repealing Clause. - All laws, executive orders, or administrative orders,
rules and regulations or parts thereof, which are inconsistent with this Act are hereby
amended, repealed or modified accordingly.

SECTION. 5. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.