Fatally defective in that it failed to allege the

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fatally defective in that it failed to allege the essential ingredients or elements constituting the offense penalized by Section 3(e) of Rep. Act No. 3019. RESOLUTION: Section 3’s reference to "any public officer" is without distinction or qualification and it specifies the acts declared unlawful. The last sentence of paragraph (e) is intended to make clear the inclusion of officers and employees of officers or government corporations, which, under the ordinary concept of "public officers" may not come within the term. It is a strained construction of the provision to read it as applying exclusively to public officers charged with the duty of granting licenses or permits or other concessions. The government suffered undue injury as a result of his inflating the true claims of complainants which eventually became the basis of payment. His contention that he had no participation is belied by the fact that as a right-of-way-agent, his duty was precisely to negotiate with property owners who are affected by highway constructions for the purpose of compensating them. On the part of the complainants, the injury caused to them consists in their being divested of a large proportion of their claims and receiving payment in an amount even lower than the actual damage they incurred. They were deprived of the just compensation to which they are entitled.
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Estrada vs Sandiganbayan, November 21, 2001 G.R. No. 148560, November 19, 2001 CONTENTION OF THE STATE: Petitioner Joseph Estrada prosecuted An Act Defining and Penalizing the Crime of
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  • Spring '16
  • Tomas
  • Law, criminal law, Facial challenge, Arturo Mejorada

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