Anti-Graft Certification (Philippines)

An Anti-Graft Certification in the Philippines documents the agreed terms between the parties and creates a written record that can be relied on if a dispute arises.

Republic Act No. 9184, Section 47 requires every government official involved in procurement — members of the Bids and Awards Committee (BAC), Technical Working Group (TWG), and the Head of Procuring Entity (HoPE) — to execute an Anti-Graft Certificate as part of the procurement documentation for any government contract awarded through competitive bidding, alternative procurement methods, or negotiated procurement. The GPPB (Government Procurement Policy Board) resolution and standard bidding documents prescribe the Anti-Graft Certificate as a mandatory procurement attachment.

Republic Act No. 3019 defines corrupt practices of public officers in Section 3, including directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit in connection with any government contract or transaction. Conviction under RA 3019 results in perpetual disqualification from public office under Section 9, in addition to imprisonment of 6 to 15 years and return of ill-gotten gains.

The Anti-Graft Certification is submitted by both the procuring entity's officials and by the winning bidder or contractor's authorized representatives. For contractors, the certification declares that no agent fees, kickbacks, or commissions were paid or promised to any government official in connection with the contract award. The Ombudsman Act (RA 6770) gives the Office of the Ombudsman primary jurisdiction to investigate and prosecute RA 3019 violations, including those discovered through false Anti-Graft Certifications.

Section 65 of RA 9184 and Section 65 of its IRR prescribe specific penalties for false certifications in government procurement: the contractor faces blacklisting from all government procurement for a specified period by the GPPB, cancellation of the awarded contract, forfeiture of the performance security, and criminal prosecution for falsification of public documents under Article 171 of the Revised Penal Code.

The legal framework governing the Anti-Graft Certification (Philippines) in Philippines draws on several key statutes and regulatory bodies. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Parties executing a Anti-Graft Certification (Philippines) in Philippines should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Local Government Code (RA 7160) sets the foundational requirements.

An Anti-Graft Certification in the Philippines is required in every government procurement and contracting transaction under Republic Act No. 9184.

An Anti-Graft Certification is required from each member of the Bids and Awards Committee (BAC) — the chairperson, regular members, and observers — at the conclusion of every bidding process, certifying that the BAC process was conducted in accordance with the principles of transparency, competitiveness, accountability, public monitoring, and simplicity under Section 3 of RA 9184, and that no member received any benefit or consideration from any bidder.

An Anti-Graft Certification is required from every winning bidder or contractor as part of the contract documents for all government contracts under Sections 37-38 of RA 9184, covering goods procurement, infrastructure projects, and consulting services. The contractor's authorized signatory must execute the certification before the contract is signed and the Notice to Proceed (NTP) is issued.

An Anti-Graft Certification is needed for alternative procurement methods — shopping, direct contracting, repeat orders, limited source bidding, and negotiated procurement under Sections 49-54 of RA 9184 — where the reduced competitive process makes anti-graft safeguards especially important.

An Anti-Graft Certification is required as part of the procurement post-qualification documents, where the lowest calculated bidder must submit the certification together with other eligibility documents before the BAC recommends the award to the HoPE.

An Anti-Graft Certification is needed for government contracts subject to Commission on Audit (COA) post-audit — the COA auditor verifies the Anti-Graft Certification as part of the transaction documentation to satisfy the completeness requirement for contract disbursement under COA Circular No. 2009-001.

Parties in Philippines should prepare a Anti-Graft Certification (Philippines) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Philippine Anti-Graft Certification must contain the following essential elements to comply with RA 3019, RA 9184, and GPPB requirements.

Declarant Identity: Full legal name, position, agency/company, and basis of authority (BAC member, HoPE, contractor's authorized representative, or company officer with board authority). For contractors, the corporate secretary's certificate authorizing the signatory must accompany the certification.

Specific Procurement Identification: The name and reference number of the specific procurement project, the procuring entity's name, the contract reference number, and the date of the BAC resolution recommending the award or the date of contract signing. Generic anti-graft certifications covering multiple contracts are not accepted by the GPPB standard bidding documents.

Substantive Declarations: The declarant's sworn statement that: (a) no cash, gift, commission, kickback, or benefit of any kind has been demanded or received in connection with the specific procurement transaction; (b) no agent fee, finder's fee, or success fee has been paid or promised to any government official; (c) the declarant has not violated any provision of RA 3019 (Anti-Graft and Corrupt Practices Act) or RA 6713 (Code of Conduct) in connection with the transaction; and (d) the declarant has disclosed in the SALN all assets, business interests, and financial connections under RA 6713, Section 8.

Compliance with Disclosure Requirements: For government officials, a confirmation that the official's most recent SALN has been filed and that no business interest of the official, spouse, or dependent children conflicts with the contract being awarded, in compliance with Section 7 of RA 3019 on prohibited business interests.

Notarization: The Anti-Graft Certification must be subscribed and sworn to before a notary public or officer authorized to administer oaths. False statements in a notarized Anti-Graft Certification constitute perjury under Article 183 of the Revised Penal Code and falsification of a public document under Article 171, in addition to RA 3019 violations.

Additional compliance elements for a Anti-Graft Certification (Philippines) used in Philippines include: Under Philippine law, the Civil Code of the Philippines (Republic Act No. 386) governs contractual obligations. The Revised Corporation Code (Republic Act No. 11232) regulates corporate entities through the Securities and Exchange Commission (SEC). The Labor Code of the Philippines (Presidential Decree No. 442) and Department of Labor and Employment (DOLE) govern employment matters. The Data Privacy Act of 2012 (Republic Act No. 10173) and the National Privacy Commission (NPC) protect personal data. The Bureau of Internal Revenue (BIR) administers tax obligations under the National Internal Revenue Code. Forms-legal.com provides this template as a starting point for Philippines-compliant documentation.