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LEONILA GARCIA-RUEDA v. REMEDIOS A. AMOR

This case has been cited 2 times or more.

2008-03-28
TINGA, J,
Case law[18] enumerates the elements of Section 3(e), to wit:(1) The accused is a public officer or a private person charged in conspiracy with the former;
2003-07-22
YNARES-SANTIAGO, J.
(5) That the public officer has acted with manifest partiality, evident bad faith or gross inexcusable negligence.[17] All the elements of the offense charged had been duly established beyond reasonable doubt. Petitioner, being a legal researcher of the Adjudication Board of the NAPOLCOM, is a public officer discharging administrative and official functions. His act of demanding and receiving money from SPO1 Nicolas in exchange for a supposed favorable resolution of the latter's administrative case was clearly tainted with or attended by evident bad faith. It was driven by an utterly corrupt intention to profit materially at the expense of another and was founded upon dishonesty and fraud.