Bill seeking to amend anti-graft law filed in House

MANILA, Philippines – Lawmakers from the Citizens’ Battle Against Corruption party-list have sought the amendment of the anti-graft law to criminalize corruption in the private sector.

Reps. Sherwin Tugna and Cinchona Cruz-Gonzales filed House Bill 5298, which seeks to amend Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

They noted that the country has no law that penalizes corruption in the private sector, although graft and corruption is not limited in the government sector.

“People always think that corruption is only prevalent in the government offices, agencies and departments. They believe that public officials are the only ones who abuse their power and position to gain advantage. But the evils of graft and corruption have always plagued both the public and private sectors of our society,” Tugna explained.

Tugna said that in line with the thrust of the United Nations Convention against Corruption which the Philippines signed in November 2006, now is the right time to amend RA 3019 to include a provision that will penalize corruption in the private sector.

“It is a reality that people use money, position or any advantage as an inducement or reward in order to get what they want, and these activities are considered forms of graft and corruption,” he added.

The measure seeks the amendment of Section 1 of RA 3019 on the Statement of Policy so that “the Philippine government also recognizes that to fight the evils of graft and corruption, all citizens must participate and take part in it. Consequently, graft and corrupt practices or any act which may lead thereto occurring in the private sector and only between and among persons working for and transacting with the private sector must be repressed and penalized.”

It also amends Section 2 of RA 3019 by redefining the following terms: advantage; agent; entertainment; government; individual, person; principal; public officer; and receiving any advantage.

It adds a new Section 7 so that in the corruption by private persons, the following shall be liable for an offense:

“Any agent who, without reasonable excuse, solicits or accepts any advantage as an inducement to or reward for; Any person who, without reasonable excuse, offers any advantage to any agent as an inducement to or reward for; Any agent who, with intent to deceive his principal uses any receipt, account or other document.”

“If an agent accepts an advantage, neither he or she nor the person who offered the advantage shall be guilty of an offense if the act is done with the permission of his principal, the advantage is unsolicited and the advantage is of small or insignificant value and given as mere ordinary token of gratitude or friendship; and if the act is done with the permission of an agent’s principal, the permission shall be given before the advantage is offered or accepted or if accepted without prior permission, be applied for and given as soon as reasonably possible after such offer or acceptance.”