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IRJimenez
2. By:
a. Direct provision of law b. Popular election c. Appointment by competent authority
(Art. 203)
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People vs. Sandiganbayan (Feb. 16, 2005), citing Quimpo vs. Tanodbayan, 146 SCRA 137
Based on R.A. No. 8249, presidents, directors, trustees, and managers of all government-owned or controlled corporations, regardless of type, are subject to the jurisdiction of the Sandiganbayan when they are involved in graft and corruption
5 groups of felonies
1. Malfeasance and Misfeasance
a. Dereliction of duty b. Bribery
5. Others
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Special laws
Graft & corruption - RA 3019 Plunder RA 7080 Money laundering RA 9160 Amassing ill-gotten wealth RA 1379
Police or prosecutor
A 208 - Neglect to prosecute offenses
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Dereliction of duty
Lawyers
A 209 Betrayal of trust
Prejudice client or reveal secrets thru malice or inexcusable negligence or ignorance Undertake the cause of opposing party in the same case
Bribery
BRIBERY . . . Felony. . .
. . . SOP . . . or . . . Kaloob?
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Public officer
Act or omission
Acceptance
Bribe
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Who else?
Private persons performing public duties
Arbitrators Assessors Appraisal & claim commissioners Experts
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WHAT is a bribe?
Money Gift Offer or promise of money or a gift Of value or capable of pecuniary estimation
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Evidentiary issues
Marked money Previous acts of bribery Testimony of bribe-giver, bagman or undercover agent Unexplained wealth
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1. Commit a crime
1. 2. 3. 4. In relation to duties Mere acceptance of offer or promise Mere promise to perform crime sufficient If committed, impose penalty for crime
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2. Do an unjust act
Must receive gift
mere offer or promise not enough
Must act
Mere agreement not enough Penalty higher if unjust act accomplished
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Indirect Bribery
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By reason of office
Bribe-giver presently or potentially has transactions with defendant Bribe is out of proportion to any legitimate purpose
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Easier to prove
Need not prove consideration for bribe
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Penalty
Penalty for offense not prosecuted Death penalty if offender asks or demands the gift or present
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Indirect bribery
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