This case has been cited 1 times or more.
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2013-09-30 |
DEL CASTILLO, J. |
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| For one to be successfully prosecuted under Section 3(g) of RA 3019, the following elements must be proven: "1) the accused is a public officer; 2) the public officer entered into a contract or transaction on behalf of the government; and 3) the contract or transaction was grossly and manifestly disadvantageous to the government."[44] However, private persons may likewise be charged with violation of Section 3(g) of RA 3019 if they conspired with the public officer. Thus, "if there is an allegation of conspiracy, a private person may be held liable together with the public officer, in consonance with the avowed policy of the Anti-Graft and Corrupt Practices Act which is 'to repress certain acts of public officers and private persons alike which may constitute graft or corrupt practices or which may lead thereto.'"[45] | |||||