CASE DIGESTS
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(e)
The outside employment shall
not be with the legislative or executive
branch of government, unless specifically
authorized by the Supreme Court.
Where a conflict of interest exists, may
reasonably appear to exist, or where the
outside employment reflects adversely on the
integrity of the Judiciary, the court personnel
shall not accept the outside employment.
In the case at bar, there is sufficient evidence to
support a finding that Escala is liable for gross dishonesty
and conduct prejudicial to the best interest of the service.
His non-disclosure of the material fact that he was still
employed as an active member of the PNP and receiving his
monthly salaries therein during the period that he is already
a Court employee is considered substantial proof that he
tried to cheat/defraud both the PNP and the Court. This is an
affront to the dignity of the Court. Indeed, Escala has
transgressed the Constitution and the Civil Service law on
the prohibition on dual employment and double
compensation in the government service.
All court personnel ought to live up to the strictest
standards of honesty and integrity, considering that their
positions primarily involve service to the public. For
knowingly and willfully transgressing the prohibition on dual
employment and double compensation, as well as the
Courts rules for its personnel on conflict of interest, Escala
violated the trust and confidence reposed on him by the
Court.
HELD: guilty of gross dishonesty and conduct
prejudicial to the best interest of the service; dismissal from
the service and forfeiture of all benefits with prejudice to re-
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including
Duterte v. Sandiganbayan
April 27, 1998
Kapunan, J.
Oswald P. Imbat
SUMMARY: Duterte, as Mayor of Davao, and de Guzman,
as City Administrator, who participated in the execution of
a contract between Davao City and Systems Plus, Inc. and
Goldstar for the computerization of the city government,
which contract was later rescinded, were charged with
violation of, among others, RA 3019 before the
Ombudsman. The investigating prosecutor required them
to file a comment, but did not furnish them with a copy of
the affidavits of the Special Audit Team, whose report on
the transaction, was the basis of the complaint. Duterte
and de Guzman filed their comment. After 4 years, they
received
a
memorandum
from
the
Ombudsman
recommending the filing of an information against them for
violation of Section 3(g), RA 3019. Their MR before the
Ombudsman was denied, as well as their MTQ before the
Sandiganbayan. The Supreme Court, however, ordered the
dismissal of the case because (1) the preliminary
investigation was improperly conducted, (2) there was
inordinate delay, and (3) there was no contract to speak of
because it was rescinded.
DOCTRINE: To establish probable cause against the
offender for violation of Section 3(g), RA 3019, the
following elements must be present: (1) the offender is a
public officer; (2) he entered into a contract or transaction
in behalf of the government; (3) the contract or transaction
is grossly and
government.
manifestly
disadvantageous
to
the
FACTS:
1. In 1990, the Davao City Government launched its Local
Automation Project.
a. A Computerization Program Committee (Committee)
was thus formed with Benjamin de Guzman, City
Administrator, as Chairman, and Mariano Kintanar,
COA Resident Auditor, and Jorge Silvosa, Acting City
Treasurer, as among the members.
b. The Committee was tasked to conduct a thorough
study of computers in the market for the purposes of
the project.
c. The
Committee
recommended
acquisition
of
computers manufactured by Goldstar Information and
Communications, Ltd., South Korea, and exclusively
distributed in the Philippines by Systems Plus, Inc. (SPI)
for a total contract cost of P11.6M.
2. On November 5, 1990, the Davao City Sangguniang
Panlungsod unanimously passed Resolution 1402 and
Ordinance 173 approving the contract with SPI. It also
authorized Mayor Rodrigo Duterte to sign the contract in
behalf of the City.
a. The Sanggunian also allocated P3M for the project in
the General Supplemental Budget No. 07 for CY 1990.
b. The contract was thus signed. De Guzman released to
SPI a check for P1.7M as downpayment.
3. In February 1991, a complaint was filed before the RTC of
Davao City to declare as nullity the contract as well as
the resolutions, ordinances related thereto.
4. On February 22, 1991, Goldstar proposed to Duterte the
cancellation of the contract.
a. The Sanggunian issued a resolution and an ordinance
accepting the offer to cancel the contract, provided
that the downpayment is returned within a month.
b. On May 6, 1991, Duterte, in behalf of Davao City, and
SPI rescinded the contract and the downpayment was
refunded.
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4.
5.
6.
7.
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ASILO vs PEOPLE
March 9, 2011
Justice Perez
Mich
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FACTS:
1. Respondent Visitacions late mother (Vda. De Coronado)
and the Municipality of Nagcarlan, Laguna entered into a
lease contract whereby Visitacions late mother was
allowed the use of the lot and a store for a period of 20
years(1978-1998) . The contract provided Vda. De
Coronado can build a firewall as high as the store and
that, in case if modification of the public market, she or
her heirs will be given preferential rights.
2. When her mother died, Visitacion took over the store.
She secured yearly Mayors permits from then until
present.
3. A fire razed the public market of Nagcarlan in 1986.
Upon Visitacions request for inspection, City Engineer
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FACTS:
On October 5, 1989, City Engineer Ernesto Divinagracia filed
an administrative case, before the Department of Local
Government (DLG), against Atty. Erwin Javellana, city
councilor, Bago City, Negros Occidental, alleging that
Javellana, while an incumbent councilor, has continuously
engaged in the practice of law without securing authority
from the Regional Director, DLG, thereby violating by DLG
Memo. Circs. 80-38 and 74-58, and Section 7(b)(2), RA 7613
(Code of Conduct and Ethical Standards for Public Officials
and Employees). Specifically, Javellana was counsel for
Antonio Javiero and Rolando Catapang, who filed a case
against Divinagracia for illegal dismissal, putting him in
public ridicule. Javellana also appeared in other civil and
criminal cases in the city without authorization.
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Tuzon v. CA
21 August 1992
Justice Cruz
Lindain
SUMMARY: The Municipal Treasurer and the Mayor of
Camalaniugan, Cagayan are questioning the decision of the CA
holding them liable in damages to Jurado for refusing to issue him
a mayors permit and license to operate his palay-threshing
business. To help finance the completion of the construction of the
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AGREEMENT
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Art. 27. Any person suffering material or moral loss because a public
servant or employee refuses or neglects, without just cause, to perform his
official duty may file an action for damages and other relief against the
latter, without prejudice to any disciplinary administrative action that may
be taken.
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Wylie v. Rarang
May 28, 1992
Gutierrez, Jr., J.
Jadd Pinaka-steads sa Inter-C 2014 Dealino
I have no idea what topic this case falls under.
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b) Implied:
Two
Forms
(ContractCommencement)
1) State itself enters into contract. This
has qualifications depending on the act
(citing USA v. Ruiz):
A) May
be
sued
Proprietary/Private/Commercial/Bus
iness acts (Jure gestionis)
i) This is termed the Restrictive
Application of State Immunity,
which is the rule in the West (US,
UK, West. Eur.)
ii) Rationale: A state is said to
descend to an individuals level and
tacitly gives its consent to be sued
in business contracts.
B) May
not
be
sued
Sovereign/Governmental
acts/functions (Jure imperii)
i) Example: Projects that are
integral parts of naval bases for
defense.
2) State itself commences litigation.
3) In this case: The officers were performing their
official functions.
A) The publication (POD) was published under the
direction and authority of the CO (Williams).
i) The Administrative Assistant Officer (Wylie)
prepares and distributes the publication.
B) The feature (Action Line Inquiry) is a regular one.
Its purpose is allowing personnel access to the
CO for matters the personnel feel should be
brought
to
the
COs
attention
for
correction/investigation.
C) The question naming Auring was forwarded 3 wks
prior to publication.
D) The question was forwarded to Aurings office
(Provost Marshal) for comment.
i) PMs Response: Remove the name in case of
publication.
Petition
DISMISSED.
IAC/CA
decision
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