A lawmaker has urged Congress to pass the proposed “anti-kickback act” in a bid to address the unabated irregularities in government transactions and projects.
“We can’t change things overnight but we can do something at once,” said Rep. Roilo Golez (2nd District, Parañaque City), principal author of House Bill 264.
Golez said he is confident the bill, which is pending before the House Committee on Revision of Laws, will be considered for early plenary action.
“The bill will redound to the benefit of the limited government coffers and the public at large,” Golez said.
“Corruption is a nationwide and well entrenched problem not only in the country but also in more developed economies. Kickback is one of the many faces of this problem,” Golez added.
The bill defines “kickback” as fee, commission, credit, gift, gratuity, thing of value, or compensation or any kind which is provided or given directly or indirectly by any contractor or the employee, representative or agent of such contractor, or the seller, lessor and lessee, owner or buyer of any kind of property for the purpose of improperly obtaining or rewarding favorable treatment by any person in connection with any transaction.
The measure defines transaction as an offer made by a party or parties for the construction, remodeling, improvement or repair of any kind of property, the sale, lease, or obtaining of any right over any kind of property; the furnishing of obtaining of services, materials or supplies by any person.
However, any payment of a commission to a broker, agent, or attorney-in-fact for any legitimate service done and recognized under existing laws or business practices is not covered by nor embraced in the said definition of transaction.
Under the bill, any person who shall commit any of the acts declared unlawful under the proposed law shall suffer the penalty of imprisonment of not less than five years but not more than 20 years and a fine of not less than P5,000 nor more than three times the amount of the kickback in the transaction.
If the offender is a public official or employee, he shall, in addition, suffer the penalty of perpetual absolute disqualification from holding a public office. If an alien, he shall be deported after service of sentence without need of further proceedings.
In case the offender is a corporation, partnership, single proprietorship, firm or any other commercial or legal entity, the penalty shall be imposed upon the person who authorized or was responsible for the commission of the unlawful act. In addition, the license of the erring corporation, partnership, single proprietorship or other commercial firm or legal entity shall be cancelled.
The amount of civil penalty shall be three times the amount of each kickback involved in the transaction; and an additional amount of not less than P10,000 nor more than P200,000 for each separate commission of prohibited acts under the measure.
“Nothing in this bill shall be construed as diluting the viability of the Anti-Graft and Corrupt Practices Act, except that the offense of kickback shall be prosecuted under the law which imposes a heavier penalty,” Golez said.
0 Comments
Oldest