This case has been cited 1 times or more.
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2006-11-20 |
CHICO-NAZARIO, J. |
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| In any criminal prosecution, it is necessary that every essential ingredient of the crime charged must be proved beyond reasonable doubt in order to overcome the constitutional right of the accused to be presumed innocent.[19] To be convicted of violation of Section 3(b)[20] of Republic Act No. 3019, as amended, the prosecution has the burden of proving the following elements: (1) the offender is a public officer; (2) who requested or received a gift, a present, a share a percentage, or a benefit (3) on behalf of the offender or any other person; (4) in connection with a contract or transaction with the government; (5) in which the public officer, in an official capacity under the law, has the right to intervene.[21] | |||||