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INVESTIGATION OF GRAFT AND CORRUPT PRACTICES CASES. 1. Preliminary Statement. In the investigation of graft and corrupt practices cases, reference should always be made to Republic Act No. 3019 in relation to Republic Act No. 1379. . Investigation of Unexplained Wealth.
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1. Preliminary Statement.In the investigation of graft and corrupt practices cases, reference should always be made to Republic Act No. 3019 in relation to Republic Act No. 1379.
Investigation of Unexplained Wealth • a) Investigation Sheet(IS) of Subject. • b) Records of employment in and out of the government . • c) Statement of income, allowance, per diems, etc.
d) Statement of Asset and Liabilities. • e) Records of real and personal property, such as lands, houses, vehicles, animals, share of stocks, bonds, and other investment, etc. • f) Income Tax Returns(all available). • g) Bank records where Subject has contracted loans.
h) Saving and time deposits, and current accounts, as an exception to the application of the Secrecy of Bank Deposits Act(R.A. 1405) • i) Interviews of person who can give as to the property of Subject, their sources, whereabouts, costs, etc. • j) Follow up all leads, appearing in all the records, documents secured, as to Subject’s assets and liabilities.
k) Other as indicated by the peculiar circumstances of the case. • l) Explanation of Subject if he so elect.
Formula in Establishing the Case • a) Determine the Subject’s assets and liabilities(net worth) before assumption of the public office. • b) Determine the Subject’s sources of income during his tenure of office
c) Determine the Subject’s expenses(to be deducted from his income) during his tenure of office. • d) Determine the Subject’s and liabilities(net worth) after his tenure of office. • e) Determine the Subject’s increase/decrease in asset and liabilities(net worth) after his tenure of office.
When is There Illegal Enrichment in Office? • a) With Subject’s income and expenses constant, an increase in asset without a proportionate increase in liabilities. • b) Where Subject’s income has increase and expenses constant, an increase in liabilities must be compared to the increase in income. Where the increase in asset far exceeds the increase in income, illegal enrichment is very probable.
c) Decrease in income/ increase in expenses and decrease in liabilities are factors that strengthen a case of illegal enrichment when there is an apparent increase in asset.
Investigation of Cases Re Failure to File Statement of Asset and Liabilities. • a) Certification from Department heads, or Office of the president, or Office of the Secretary of the corresponding House of Congress. • b) Explanation of Subject(if he so desires)
Act Constituting Falsification Under Art. 171 of the Revised Penal Code • a) Counterfeiting or imitating any hand writing, signature or rubric. • b) Causing it to appear that person have participated in any act when they did not in fact so participate.
c) Attributing to person who have participated in an act or proceeding statements other than those in fact made by them. d) Making untruthful statement in an narration of facts e) altering true dates
f) Making any alteration or intercalation in a genuine document which changes its meaning. • g) Issuing in an authenticated form a document purporting to be copy of an original document when no such original exists, or including in such copy a statement contrary to, or different form, that of the genuine original.
h) Intercalating any statement or note relative to the issuance thereof in a protocol, registry, or official book.
Procedure for Obtaining Collected Standard: • (i) Obtain at least 15 to 20 genuine signatures. • (ii) If investigation is about other specimens of hand writing or hand printing , secure at least 4 to 5 pages of hand writing or hand printing.
(iii) Procure ink signature for comparison with questioned ink specimens and pencil standard for comparison with questioned pencil specimens. • (iv) Secure, when available, genuine signatures used for the same purpose as the questioned document.
(v) Supplement standard with the signatures for different purposes. • (vi) Procure standard signatures of approximately the same date as the disputed document. • (vii) If questioned signature was written under unusual condition, attempt to obtain some specimens which were executed under similar condition.
(viii) Secure, whenever possible, some signatures written on forms or paper of the same size as the questioned document.
Procedure for Obtaining Requested Standard: • (i) Obtain at least 25 to 30 specimen signature. • (ii) If inquiry pertains to extended hand writing, dictate at least 5 to 6 pages of material, including approximately one page which is repeated three(3) times.
(iii) If possible, have writer make out specimen checks or receipt aside from his signature. • (iv) If questioned signatures are in ink, have suspect write with a pen; if in pencil, with a pencil. • (v) Require suspect to write each signature on the separate sheets of paper on form.
(vi) Provide paper forms of the same size, shape, composition and ruling as the questioned document. • (vii) Whenever possible, always interrupt preparation of standard once or twice for rest periods.
(viii) Provide normal writing conditions. If questioned writing is known to have been executed under unusual conditions, obtain some standards under similar condition.
