Article 159Act No. 3815, Sec./Art. 159

Other cases of evasion of service of sentence.-The penalty of prision correccional in its minimum period shall be imposed upon the convict who, having been granted conditional pardon by the Chief Executive, shall violate any of the conditions of such pardon. However, if the penalty remitted by the granting of such pardon be higher than six years, the convict shall then suffer the unexpired portion of his original sentence.

CHAPTER SEVEN

COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

or not legally entitled to such license, permit, privilege or

advantage, or of a mere representative or dummy of one

who is not so qualified or entitled.

(k)

Divulging

valuable

information

of

a

confidential

character, acquired by his office or by him on account of

his official position to unauthorized persons, or releasing

such information in advance of its authorized release

date.

The person giving the gift, present, share, percentage or

benefit referred to in subparagraphs (b) and (c); or

offering or giving to the public officer the employment

mentioned in subparagraph (d); or urging the divulging

or

untimely

release

of

the

confidential

information

referred to in subparagraph (k) of this section shall,

together with the offending public officer, be punished

under Section nine of this Act and shall be permanently

or temporarily disqualified in the discretion of the Court,

from

transacting

business

in

any

form

with

the

Government.

Section 4. Prohibition on private individuals. (a) It shall be

unlawful for any person having family or close personal

relation with any public official to capitalize or exploit or

take advantage of such family or close personal relation

by

directly or indirectly requesting or receiving any

present, gift or material or pecuniary advantage from any

other

person

having

some

business,

transaction,

application, request or contract with the government, in

which such public official has to intervene. Family relation

shall include the spouse or relatives by consanguinity or

affinity in the third civil degree. The word "close personal

relation" shall include close personal friendship, social

and fraternal connections, and professional employment

all giving rise to intimacy which assures free access to

such public officer.

(b) It shall be unlawful for any person knowingly to induce

or cause any public official to commit any of the offenses

defined in Section 3 hereof.

Section 5. Prohibition on certain relatives. It shall be

unlawful

for

the

spouse

or

for

any

relative,

by

consanguinity or affinity, within the third civil degree, of

the President of the Philippines, the Vice-President of the

Philippines, the President of the Senate, or the Speaker of

the House of Representatives, to intervene, directly or

indirectly,

in

any

business,

transaction,

contract

or

application with the Government: Provided, That this

section shall not apply to any person who, prior to the

assumption of office of any of the above officials to whom

he

is

related,

has

been

already

dealing

with

the

Government along the same line of business, nor to any

transaction, contract or application already existing or

pending at the time of such assumption of public office,

nor to any application filed by him the approval of which

is not discretionary on the part of the official or officials

concerned but depends upon compliance with requisites

provided by law, or rules or regulations issued pursuant to

law, nor to any act lawfully performed in an official

capacity or in the exercise of a profession.

Section 6. Prohibition on Members of Congress. It shall

be unlawful hereafter for any Member of the Congress

during the term for which he has been elected, to acquire

or receive any personal pecuniary interest in any specific

business enterprise which will be directly and particularly

favored or benefited by any law or resolution authored by

him previously approved or adopted by the Congress

during the same term.

The provision of this section shall apply to any other

public

officer

who

recommended

the

initiation

in

Congress of the enactment or adoption of any law or

resolution, and acquires or receives any such interest

during his incumbency.

It shall likewise be unlawful for such member of Congress

or other public officer, who, having such interest prior to

the approval of such law or resolution authored or

recommended by him, continues for thirty days after

such approval to retain such interest.

Section 7. Statement of assets and liabilities. Every

public officer, within thirty days after assuming office

and, thereafter, on or before the fifteenth day of April

following the close of every calendar year, as well as upon

the expiration of his term of office, or upon his resignation

or separation from office, shall prepare and file with the

office of the corresponding Department Head, or in the

case of a Head of Department or Chief of an independent

office, with the Office of the President, a true, detailed

and sworn statement of assets and liabilities, including a

statement of the amounts and sources of his income, the

amounts of his personal and family expenses and the

amount of income taxes paid for the next preceding

calendar year; Provided, That public officers assuming

office less than two months before the end of the

calendar year, may file their first statement on or before

the fifteenth day of April following the close of the said

calendar year. ( as amended by RA No 3047, PD No 677,

1288)

Section 8. Prima facie evidence of and dismissal due to

unexplained wealth. If in accordance with the provisions

of Republic Act Numbered One thousand three hundred

seventy-nine, a public official has been found to have

acquired during his incumbency, whether in his name or

in the name of other persons, an amount of property

and/or money manifestly out of proportion to his salary

and to his other lawful income, that fact shall be a ground

for dismissal or removal. Properties in the name of the

spouse and dependents of such public official may be

taken into consideration, when their acquisition through

legitimate means cannot be satisfactorily shown. Bank

deposits

in

the

name

of

or

manifestly

excessive

expenditures incurred by the public official, his spouse or

any of their dependents including but not limited to

activities in any club or association or any ostentatious

display of wealth including frequent travel abroad of a

non-official character by any public official when such

activities entail expenses evidently out of proportion to

legitimate

income,

shall

likewise

be

taken

into

consideration

in

the

enforcement

of

this

section,

notwithstanding any provision of law to the contrary. The

circumstances hereinabove mentioned shall constitute

valid ground for the administrative suspension of the

public official concerned for an indefinite period until the

investigation of the unexplained wealth is completed. (as

amended by Batas Pambansa Blg. 195, [March 16,

1982])

Section 9. Penalties for violations. (a) Any public officer or

private person committing any of the unlawful acts or

omissions enumerated in Sections 3, 4, 5 and 6 of this Act

shall be punished with imprisonment for not less than six

years

and

one month nor more than fifteen years,

perpetual

disqualification

from

public

office,

and

confiscation or forfeiture in favor of the Government of

any

prohibited

interest

and

unexplained

wealth

manifestly out of proportion to his salary and other lawful

income.

Any complaining party at whose complaint the criminal

prosecution was initiated shall, in case of conviction of the

accused, be entitled to recover in the criminal action with

priority over the forfeiture in favor of the Government, the

amount of money or the thing he may have given to the

accused, or the fair value of such thing.

(b) Any public officer violating any of the provisions of

Section 7 of this Act shall be punished by a fine of not less

than one thousand pesos nor more than five thousand

pesos, or by imprisonment not exceeding one year and

six months, or by both such fine and imprisonment, at

the discretion of the Court.

The

violation

of

said

section

proven

in

a

proper

administrative proceeding shall be sufficient cause for

removal or dismissal of a public officer, even if no criminal

prosecution is instituted against him.

(as amended by Batas Pambansa Blg. 195, [March 16,

1982])

Section 10. Competent court. Until otherwise provided by

law, all prosecutions under this Act shall be within the

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