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EULOGIO MORALES v. PEOPLE

This case has been cited 3 times or more.

2005-04-27
PER CURIAM
For having misappropriated P261,062.38 and lending her collections to her co-employees, respondent committed dishonesty.  Dishonesty is a "disposition to lie, cheat, deceive, or defraud; untrustworthiness; lack of integrity; lack of honesty, probity or integrity in principle; lack of fairness and straightforwardness; disposition to defraud, deceive or betray."[7] Also, for defying this Court's Resolutions, she is liable for gross misconduct.  Gross misconduct is a flagrant, shameful and inexcusable unlawful conduct on the part of a person concerned in the administration of justice prejudicial to the rights of parties or to the right determination of the cause.[8]
2004-06-29
YNARES-SANTIAGO, J.
The contract or transaction is grossly and manifestly disadvantageous to the government.[30] A careful scrutiny of the Information shows that all the above elements are averred therein. It sufficiently alleges that petitioners are public officials discharging official or administrative functions who, in evident bad faith and with manifest partiality, entered into a grossly disadvantageous contract on behalf of the government with a private person which gives the latter unwarranted benefit and advantage.
2004-01-14
CARPIO, J.
Certainly, the government owns and controls LWDs.  The government organizes LWDs in accordance with a specific law, PD 198.  There is no private party involved as co-owner in the creation of an LWD.  Just prior to the creation of LWDs, the national or local government owns and controls all their assets.  The government controls LWDs because under PD 198 the municipal or city mayor, or the provincial governor, appoints all the board directors of an LWD for a fixed term of six years.[24] The board directors of LWDs are not co-owners of the LWDs.  LWDs have no private stockholders or members.  The board directors and other personnel of LWDs are government employees subject to civil service laws[25] and anti-graft laws.[26]