CRIMINAL LAW II CASE DIGEST/ LUCIANO V. ESTRELLA, 34 SCRA 769

LUCIANO V. ESTRELLA,

34 SCRA 769

TOPIC/DOCTRINE

Under Section 3(g) of the Anti-Graft Law (RA 3019), it is enough to prove that the accused is a public officer; that he entered into a contract or transaction on behalf of the government; and that such contract or transaction is grossly and manifestly disadvantageous to that government. In other words, the act treated thereunder partakes of the nature of a malum prohibitum; it is the commission of that act as defined by law, not the character or effect thereof, that determines whether or not the provision has been violated.

FACTS

Private respondents and several other people were charged with violation of RA 3019 or the Anti-Graft and Corrupt Practices for conspiring and confederating to­gether, on behalf of the Municipal Government of Makati, Rizal, enter into a contract or transaction with the JEP Enterprises, represented by Jose Gutierrez and Franco A. Gutierrez, for the delivery and installation by the JEP Enterprises to the Municipal Government of Makati, Rizal of traffic deflectors. Private Respondents were pronounced guilty as charged, and each was sentenced to a prison term of 6 years, with perpetual disqualification to hold public office. 

ISSUE

What determines whether or not Section 3(g) of the Anti-Graft Law (RA 3019) has been violated.

RULING

The court held that Under Section 3(g) of the Anti-Graft Law (RA 3019), it is enough to prove that the accused is a public officer; that he entered into a contract or transaction on behalf of the government; and that such contract or transaction is grossly and manifestly disadvantageous to that government. In other words, the act treated thereunder partakes of the nature of a malum prohibitum; it is the commission of that act as defined by law, not the character or effect thereof, that determines whether or not the provision has been violated.

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