Irrespective of whether the offense charged is

Info icon This preview shows pages 163–164. Sign up to view the full content.

View Full Document Right Arrow Icon
irrespective of whether the offense charged is punishable by the Revised Penal Code or by a special law, it is the filing of the complaint or information in the office of the public prosecutor for purposes of the preliminary investigation that interrupts the period of the prescription. Consequently, prescription did not yet set in because only five years elapsed from 1986, the time of the discovery of the offenses charged, up to April 1991, the time of the filing of the criminal complaints in the Office of the Ombudsman. It is axiomatic that a complaint or information must state every single fact necessary to constitute the offense charged; otherwise, a motion to dismiss or to quash on the ground that the complaint or information charges no offense may be properly sustained. The fundamental test in determining whether a motion to quash may be sustained based on this ground is whether the facts alleged, if hypothetically admitted, will establish the essential elements of the offenses as defined in the law. Extrinsic matters or evidence aliunde are not considered. The test does not require absolute certainty as to the presence of the elements of the offense; otherwise, there would no longer be any need for the Prosecution to proceed to trial. The information in Criminal Case No. 28001 (corruption of public officials) and Criminal Case No. 28002 (violation of Section 4 (a) of RA No. 3019) have sufficiently compiled with the requirements of Section 6, Rule 110 of the Rules of Court. The information in Criminal Case No. 28001 alleging corruption of public officers specifically put forth that Disini, in the period from 1974 to February 1986 in Manila, Philippines, conspiring and confederating with then President Marcos, willfully, unlawfully and feloniously offered, promised and gave gifts and presents to President Marcos, who, by taking undue advantage of his office, and in consideration of the gifts and presents offered, promised and given by Disini, President Marcos caused to be awarded to Burns & Roe and Westinghouse the respective contracts to do the engineering and architectural design of and to construct the PNPPP. The felonious act consisted of causing the contracts for the PNPPP to be awarded to Burns & Roe and Westinghouse by reason of the gifts and promises offered by Disini to President Marcos. The allegations in the information for corruption of public officials , if hypothetically admitted, would establish the essential elements of the crime. The information stated that: (1) Disini made an offer and promise, and gave gifts to President Marcos, a public officer; and (2) in consideration of the offers, promises and gifts, President Marcos, in causing the award of the contracts to Burns & Roe and Westinghouse by taking advantage of his position and in committing said act in relation to his office, was placed under circumstances that would make him liable for direct bribery.
Image of page 163

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 164
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern