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    M - Memo of Facts and Law 3e and 3g

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    Kenneth Peter Molave
    This memorandum summarizes the law under Section 3(e) and 3(g) of RA 3019. Section 3(e) makes it unlawful for a public officer to cause undue injury to any party or give unwarranted benefits through manifest partiality, bad faith, or gross negligence. Section 3(g) makes it unlawful for a public officer to enter into a contract that is manifestly and grossly disadvantageous to the government. The memorandum discusses the elements of each offense and a Supreme Court case holding that overpricing can indicate a contract is grossly disadvantageous under Section 3(g) if sufficiently proven.

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    M - Memo of Facts and Law 3e and 3g

    Uploaded by

    Kenneth Peter Molave
    65 views3 pages
    This memorandum summarizes the law under Section 3(e) and 3(g) of RA 3019. Section 3(e) makes it unlawful for a public officer to cause undue injury to any party or give unwarranted benefits through manifest partiality, bad faith, or gross negligence. Section 3(g) makes it unlawful for a public officer to enter into a contract that is manifestly and grossly disadvantageous to the government. The memorandum discusses the elements of each offense and a Supreme Court case holding that overpricing can indicate a contract is grossly disadvantageous under Section 3(g) if sufficiently proven.

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    Law for 3e and 3g

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    This memorandum summarizes the law under Section 3(e) and 3(g) of RA 3019. Section 3(e) makes it unlawful for a public officer to cause undue injury to any party or give unwarranted benefits through manifest partiality, bad faith, or gross negligence. Section 3(g) makes it unlawful for a public officer to enter into a contract that is manifestly and grossly disadvantageous to the government. The memorandum discusses the elements of each offense and a Supreme Court case holding that overpricing can indicate a contract is grossly disadvantageous under Section 3(g) if sufficiently proven.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    65 views3 pages

    M - Memo of Facts and Law 3e and 3g

    Uploaded by

    Kenneth Peter Molave
    This memorandum summarizes the law under Section 3(e) and 3(g) of RA 3019. Section 3(e) makes it unlawful for a public officer to cause undue injury to any party or give unwarranted benefits through manifest partiality, bad faith, or gross negligence. Section 3(g) makes it unlawful for a public officer to enter into a contract that is manifestly and grossly disadvantageous to the government. The memorandum discusses the elements of each offense and a Supreme Court case holding that overpricing can indicate a contract is grossly disadvantageous under Section 3(g) if sufficiently proven.

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    © All Rights Reserved
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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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