Philippine Laws -Simplified | Free Legal Advice
Welcome! I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Law Student... That's right, Law Student. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people. Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody. This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice. Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody! Other People Under RA 3019
Friday, June 8, 2012
in Administrative, Constitution, Criminal, Law
More Sharing ServicesShare|Share on facebookShare on myspaceShare on googleShare on twitter Now that you know about the offenses of public officers under RA 3019, here are the provisions of the same law that target other offenders. The penalties that cover these offenses are the same as those of public officers.
Persons with family ties or close personal relations with any public official are prohibited from taking advantage of such ties or relationships by directly or indirectly asking for or receiving any gift or material/pecuniary advantage from people or entities who have business, transactions or contracts with the government wherein the official concerned is required to intervene. "Family ties" include the spouse as well as relatives up to the 3rd civil degree. "Close personal relation" includes close personal friendship and professional employment that gives rise to intimacy and assures free access to the official in question. This includes membership in social and fraternal organizations.
Relatives within the 3rd civil degree of the President, Vice-President, Senate President and House Speaker are not allowed to intervene directly or indirectly in any business, contract or transaction with the government. The exceptions are:
1.) If the transaction, etc. in question was already going on when the official in question assumed office 2.) If the official in question was already dealing with the government on the same line of business before he assumed office 3.) If the approval of application filed by the officer in question isn't discretionary but depends on requirements set down by law, rules and regulations 4.) If the act is lawfully performed in an official capacity or in the exercise of a profession (be careful of this part)
A member of Congress (meaning both the Senate and House of Representatives,) during his term in office, is not allowed to acquire or receive any personal pecuniary interest in any specific business enterprise that will indirectly or directly benefit from any law or resolution authored by him previously approved or adopted by Congress during said member's term. This extends to other public officers who recommended the initiation of such law or resolution in Congress and who later acquire or receive such interest during their incumbency. Furthermore all officers, whether members of Congress or not, so long as they have an interest in the business enterprise in question, are prohibited from retaining the interest in question if it continues for 30 days after its approval....
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