What are the elements of Section 3(a) (Inducing/Influencing)?
- Offender is a public officer;2. Persuades, induces, or influences another public officer to perform an act;3. The act constitutes a violation of rules/regulations or an offense in connection with official duties.
What are the elements of Section 3(b) (Receiving Gifts for Contracts)?
- Offender is a public officer;2. Requests or receives any gift/benefit for self or another;3. In connection with a contract/transaction with the Government;4. The officer has the official capacity to intervene.
What is the Jaravata v. Sandiganbayan doctrine for Sec. 3(b)?
A public officer is not liable under Sec. 3(b) if they did not intervene in their official capacity (i.e., they had no legal authority to intervene in that specific transaction).
What are the elements of Section 3(c) (Gifts for Favor/Permit)?
- Offender is a public officer;2. Requests or receives any gift/benefit for self or another;3. In exchange for help, favor, or a permit/license from the Government.
What are the elements of Section 3(d) (Employment in Regulated Entities)?
- Offender is a public officer;2. Accepts/holds employment in a private enterprise with pending business with their office;3. Occurs during incumbency or within 1 year after; 4. The officer investigated or acted upon said business.
What are the elements of Section 3(e) (Undue Injury/Unwarranted Benefits)?
- Public officer acting in official function;2. Acted with manifest partiality, evident bad faith, or gross inexcusable negligence;3. Caused undue injury to any party OR gave unwarranted benefits to a private party.
What is the Arias v. Sandiganbayan doctrine for Sec. 3(e)?
Heads of offices can rely in good faith on the signatures and work of subordinates unless there is a clear “red flag” or reason for suspicion.
What are the elements of Section 3(f) (Neglect/Refusal to Act)?
- Public officer neglects/refuses to act within reasonable time after due demand;2. No sufficient justification for delay;3. Purpose is to obtain pecuniary benefit or favor/discriminate.
What are the elements of Section 3(g) (Disadvantageous Contracts)?
- Offender is a public officer;2. Entered into a contract/transaction on behalf of the Government;3. The contract is manifestly and grossly disadvantageous to the Government (intent/bad faith is irrelevant).
What are the elements of Section 3(h) (Financial Interest)?
- Public officer directly/indirectly has a pecuniary interest;2. In any business/contract where they intervene/take part in official capacity;3. Such interest is prohibited by the Constitution or law.
What are the elements of Section 3(i) (Interest in Land/Mineral/Forest)?
- Public officer becomes interested in any specific application for land/mineral/forest use;2. Interest is acquired after their incumbency;3. The officer’s approval or that of their office was required for the grant.
What are the elements of Section 3(j) (Incompetence/Illegal License)?
- Public officer knowingly approves or grants any license/permit/benefit;2. Done in favor of a person not qualified for or not legally entitled to such grant.
What are the elements of Section 3(k) (Divulging Information)?
- Public officer divulges valuable information of a confidential character;2. Acquired by his office or by him by reason of his office;3. Information is revealed to unauthorized persons or used for personal gain.
