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Managing Conflict of Interest - Organisation for Economic Co ...

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Learning from Case Studies 71<strong>of</strong>ficials or employees in violation <strong>of</strong> this Act shall besubject to the same penal liabilities as the public <strong>of</strong>ficialsor employees and shall be tried jointly with them.• Republic Act 3019 Section 9 (b): Any public <strong>of</strong>ficer violatingany <strong>of</strong> the provisions <strong>of</strong> Section 7 <strong>of</strong> this Act shall bepunished by a fine <strong>of</strong> not less than 1,000 pesos nor morethan 5,000 pesos, or by imprisonment not exceeding oneyear and six months, or by both such fine and imprisonment,at the discretion <strong>of</strong> the court. The violation <strong>of</strong> saidsection proven in proper administrative proceedings shallbe sufficient cause <strong>for</strong> removal or dismissal <strong>of</strong> a public <strong>of</strong>ficer,even if no criminal prosecution is instituted against himor her. 6• The Revised Penal <strong>Co</strong>de (Articles 183 and 171):−−Article 183 (perjury) provides <strong>for</strong> the penalty <strong>of</strong> arrestomayor in its maximum period to prision correctional inits minimum period ranging from four months and oneday to two years and four months <strong>of</strong> imprisonment <strong>for</strong> astatement made upon a material matter be<strong>for</strong>e a competent<strong>of</strong>ficer authorized to receive and administer anoath, if the statement contains willful and deliberateassertion <strong>of</strong> falsehood, and the sworn statement containingthe falsity is required by law.Article 171 (falsification) stipulates that falsification <strong>of</strong>records would be subject to a penalty <strong>of</strong> prision mayorranging from six years and one day to twelve years <strong>of</strong>imprisonment <strong>for</strong> untruthful statements made in thenarration <strong>of</strong> facts, and that the person making untruthfulstatements has a legal obligation to disclose the truth <strong>of</strong>the facts narrated by him.• Uni<strong>for</strong>m Rules on Administrative Cases in the Civil Service<strong>for</strong> Dishonesty: Section 52 provides a penalty <strong>of</strong> dismissalfrom the service <strong>for</strong> the first <strong>of</strong>fense.6This provision was amended by BP Blg. 195, 16 March 1982.ADB/OECD Anti-<strong>Co</strong>rruption Initiative <strong>for</strong> Asia and the Pacific

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