Philippine Bar review · Question

Practice question: Anti-Graft and Corrupt Practices Act (RA 3019, as amended by BP 195 and RA 10910)

Multiple Choice Medium

Practice question

A licensing officer asks an applicant for a valuable gift in consideration of securing the government permit. The applicant refuses to hand it over. Which is correct under section 3(c)?
  1. No prohibited act can exist because nothing was received
  2. A request can fall within the prohibition even without completed receipt
  3. Only the applicant can violate the provision
  4. The request is lawful whenever made outside the office
  5. The officer is immune if the permit could lawfully be issued

Legal references

  • https://lawphil.net/statutes/repacts/ra1960/ra_3019_1960.html — RA 3019, section 3(b), (c), (d), (e), (g) and (i), prohibited practices.
  • https://lawphil.net/statutes/bataspam/bp1982/bp_195_1982.html — sections 2 and 4, amended RA 3019 penalty and earlier prescription provision.
  • https://lawphil.net/statutes/repacts/ra2016/ra_10910_2016.html — section 1, current twenty-year statutory prescriptive period.

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