This case has been cited 1 times or more.
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2009-03-12 |
CARPIO, J. |
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| In Rubio v. Ombudsman,[58] this Court held that what is contextually punishable under Section 3(e) of RA 3019 is the act of causing any undue injury to any party, or the giving to any private party unwarranted benefits, advantage or preference in the discharge of the public officer's functions. In this case, after evaluating the evidence presented,[59] the Ombudsman categorically ruled that there was no evidence to show actual injury or damage to the city government to warrant the indictment of respondents for violation of Section 3(e) of RA 3019. Further, this Court held in Pecho v. Sandiganbayan,[60] that "causing undue injury to any party, including the government, could only mean actual injury or damage which must be established by evidence." Here, the Ombudsman found that petitioner had not substantiated his claim against respondents for the crime charged. This Court is not inclined to interfere with the evaluation of the evidence presented before the Ombudsman. | |||||