This case has been cited 3 times or more.
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2012-09-05 |
ABAD, J. |
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| Bad faith connotes, not only bad judgment or negligence, but also a dishonest purpose or conscious wrongdoing.[9] But bad faith alone on the part of the accused is not sufficient. Such bad faith must be evident.[10] | |||||
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2011-06-06 |
VILLARAMA, JR., J. |
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| The essential elements of this crime are: (1) the accused are public officers or private persons charged in conspiracy with them; (2) said public officers commit the prohibited acts during the performance of their official duties or in relation to their public position; (3) they caused undue injury to any party, whether the government or a private party; (4) such injury is caused by giving unwarranted benefits, advantage or preference to such parties; and (5) the public officers have acted with manifest partiality, evident bad faith or gross inexcusable negligence.[23] | |||||
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2007-03-06 |
AUSTRIA-MARTINEZ, J. |
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| Bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or intent or ill will; it partakes of the nature of fraud. (Spiegel v. Beacon Participations, 8 NE 2nd Series, 895, 1007). It contemplates a state of mind affirmatively operating with furtive design or with some motive of self-interest or ill will for ulterior purposes. (Air France v. Carrascoso, 18 SCRA 155, 166-167). Evident bad faith connotes a manifest deliberate intent on the part of the accused to do wrong or cause damage.[18] | |||||