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MEMORANDUM

To:
From:
Re: Memo of Facts and Law in 3e and 3g

I. FACTS

II. INFORMATIONS

III. LAW

A. Section 3(e) of RA 3019 provides:

“Section 3. Corrupt practices of public officers.


– In addition to acts or omissions of public
officers already penalized by existing law, the
following shall constitute corrupt practices of
any public officer and are hereby declared to
be unlawful:
xxx

(e) Causing any undue injury to any party,


including the Government, or giving any
private party any unwarranted benefits,
advantage or preference in the discharge of
his official, administrative or judicial
functions through manifest partiality, evident
bad faith or gross inexcusable negligence. This
provision shall apply to officers and
employees of offices or government
corporations charged with the grant of
licenses or permits or other concessions.”

Elements of Section 3(e):1

1. the offender is a public officer;

1
Sison v. People, G.R. Nos. 170339 and 170398-403, 9 March 2010
1
2. the act was done in the discharge of the public officer’s
official, administrative or judicial functions;
3. the act was done through manifest partiality, evident bad
faith, or gross inexcusable negligence; and
4. the public officer caused any undue injury to any party,
including the Government, or gave any unwarranted
benefits, advantage or preference.

B. Section 3 (g) of R.A. 3019 provides:

“Sec. 3. Corrupt practices of public officers. –


In addition to acts or omissions of public
officers already penalized by existing law, the
following shall constitute corrupt practices of
any public officer and are hereby declared to
be unlawful:

xxx

(g) Entering, on behalf of the Government, into


any contract or transaction manifestly and
grossly disadvantageous to the same, whether
or not the public officer profited or will profit
thereby.”

The elements of the Section 3 (g) are:2

1. that the accused is a public officer;


2. that he entered into a contract or transaction on behalf of
the government; and
3. that such contract or transaction is grossly and manifestly
disadvantageous to the government.11

In Caunan v. People, G.R. Nos. 181999 & 182001-04, September 2, 2009,


the Supreme Court held that the fact of overpricing is embedded in the
third element of Section 3(g) of R.A. No 3019. Thus, to quote:

“We agree with petitioners that the fact of overpricing is


embedded in the third criminal element of Section 3 (g) of
R.A. No. 3019. Given the factual milieu of this case, the

2
Go v. Fifth Division, Sandiganbayan, 549 Phil. 783, 799 (2007).
2
subject contracts would be grossly and manifestly
disadvantageous to the government if characterized by an
overpriced procurement. However, the gross and manifest
disadvantage to the government was not sufficiently shown
because the conclusion of overpricing was erroneous since it
was not also adequately proven. Thus, we grant the
petitions.” (Emphasis supplied)

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