This case has been cited 1 times or more.
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2001-09-20 |
PARDO, J. |
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| "(5) That the public officer has acted with manifest partiality, evident bad faith or gross inexcusable negligence."[28] In dismissing petitioner's charges against Dr. Erlinda Balatbat-Reyes, respondent prosecutor Dimagiba did not cause any undue injury to petitioner. Respondent prosecutor as a quasi-judicial official exercises discretion to determine whether probable cause exists sufficient to sustain the charge against Dr. Reyes.[29] In the performance of the duties of her office as prosecutor, respondent assistant city prosecutor Dimagiba may err.[30] Such error may not necessarily cause undue injury to any party. To constitute this element of the offense, the act of respondent must cause specific quantified injury to any party by giving unwarranted benefits, advantage or preference to such party with the public officer acting with manifest partiality, evident bad faith or gross inexcusable negligence.[31] | |||||