A special civil action for certiorari is an

Info icon This preview shows pages 179–181. Sign up to view the full content.

View Full Document Right Arrow Icon
A special civil action for certiorari is an independent action based on the specific grounds provided in Section 1, Rule 65 of the Rules of Court, and can prosper only the jurisdictional error, or the grave abuse of discretion amounting to lack or excess of
Image of page 179

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

View Full Document Right Arrow Icon
POLITICAL LAW CASE DIGESTS 179 jurisdiction committed by the inferior court or judge is alleged and proved to exist. Did the petitioner show grave abuse of discretion that would warrant the issuance of the writ of certiorari prayed for? A. G.R. No. 188165 The Sandiganbayan correctly applied the restrictive meaning of the term transaction as used in Section 3 (b) of Republic Act No. 3019 adopted in Soriano, Jr. v. Sandiganbayan In its questioned resolution dismissing Criminal Case No. SB-08-CRM-0265, the Sandiganbayan relied on the ruling in Soriano, Jr. v. Sandiganbayan,81 in which the principal issue was whether or not the preliminary investigation of a criminal complaint conducted by petitioner Soriano, Jr., then a Fiscal, was a "contract or transaction" as to bring the complaint within the ambit of Section 3 (b) of Republic Act No. 3019, which punished any public officer for "[d]irectly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection with any contract or transaction between the Government and any other party, wherein the public officer in his official capacity has to intervene under the law." The Soriano, Jr. Court ruled in the negative, and pronounced: It is obvious that the investigation conducted by the petitioner was not a contract. Neither was it a transaction because this term must be construed as analogous to the term which precedes it. A transaction, like a contract, is one which involves some consideration as in credit transactions and this element (consideration) is absent in the investigation conducted by the petitioner. In the light of the foregoing, We agree with the petitioner that it was error for the Sandiganbayan to have convicted him of violating Sec. 3 (b) of R.A. No. 3019. (Emphasis supplied) The State now argues, however, that the Sandiganbayan thereby committed grave abuse of discretion resulting to lack or in excess of jurisdiction for applying the interpretation of the term transaction in Soriano, Jr. considering that the term transaction should be construed more liberally, and positing that Soriano, Jr. was already abandoned by the Court, citing for that purpose the rulings in Mejia v. Pamaran, Peligrino v. People, and Chang v. People. We disagree with the petitioner, and find for the respondents. First of all, the interpretation in Soriano, Jr. of the term transaction as used in Section 3(b) of Republic Act No. 3019 has not been overturned by the Court. In Mejia v. Pamaran, decided en banc on April 15, 1988, Mejia had demanded and received money from some persons involved in certain cases in a trial court where Mejia was then serving as the branch clerk of court in consideration of a promise that she would help in getting a favorable judgment for them. The
Image of page 180
Image of page 181
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