sic itur ad astra

  RA 7659 | Criminal Law  Names Joseph Ejercito Estrada - President of the Philippines Charge/Violation RA 7659 Plunder Action PETITION to declare Republic Act No. 7080 ( An Act Defining and Penalizing the Crime of Plunder) as amended by RA No. 7659 unconstitutional Facts:  Petitioner Joseph Ejercito Estrada, the highest-ranking official to be prosecuted under RA 7080 (An Act Defining and Penalizing the Crime of Plunder), as amended by RA 7659, filed a petition to declare Republic Act No. 7080, as amended, unconstitutional.  Specifically, the provisions claimed by petitioner to have  transgressed constitutional boundaries are Secs. 1, par. (d), 2 and 4 which are : Section 1. x x x  (d)“Ill-gotten wealth ” means any asset, property, business, enterprise or  material possession of any person within the purview of Section Two (2) hereof, acquired  by him directly or indirectly through dummies, nominees, agents, subordinates and/or  busine...

  RA 3019 | Criminal Law  Names Jaime Domingo - municipal mayor of San Manuel, Isabela Diosdado Garcia - proprietor of D.T. Garcia Construction Supply Charge/Violation RA 3019 3( h ) - financial interest in business transaction, conspiracy Where San Manuel, Isabela Facts:  (1) Petitioner Jaime H. Domingo,  at the time the petition was filed, was serving his third  term as mayor of the Municipality of San Manuel, Isabela. Petitioner Garcia, on the other hand, is the proprietor of D.T. Garcia  Construction Supply, and, incidentally, is the godson of Domingo in marriage. (2)  During Domingo’s incumbency in 1993 , a Multi-Purpose Pavement (MPP) project was undertaken on the  eighteen barangays of the municipality for the paving and repair of the  barangay roads  to be charged  against the Economic Development Fund (EDF). (3)  On June 7, 1994, a special audit team was created by Commission on  Audit (COA) Regional Director Pedr...

RA 3019 | Criminal Law  Names Henry Go - Chairman and President of PIATCO Arturo Enrile - DOTC Secretary Arturo Enrile Charge/Violation RA 3019 3( g ) - entering into a disadvantageous  contract (conspiracy with a private person) Where Pasay, Metro Manila Facts: (1) I n Agan, Jr. v. Philippine International Air Terminals Co., Inc., the Supreme Court nullified  the various contracts awarded by the Government, through the  Department of  Transportation and Communications (DOTC), to Philippine Air Terminals, Co.,  Inc. (PIATCO) for the construction, operation and maintenance of the Ninoy  Aquino International Airport International Passenger Terminal III (NAIA IPT  III). (2) Subsequently, certain Ma. Cecilia L. Pesayco filed a  complaint with the Office of the Ombudsman against several individuals for  alleged violation of RA 3019. Among those charged was herein respondent Henry Go, who  was then the Chairman and President of PIATC...

      RA 3019 | Criminal Law  Names Roberto Fuentes - municipal mayor Fe Valenzuela - complainant (Triple A) Charge/Violation RA 3019 3( e ) - refusing to renew a business permit Where Isabel, Leyte Facts: (1) A n Information was filed charging Roberto Fuentes, municipal mayor of Isabel, Leyte of violation of Article 3(e) of RA 3019 for refusing to renew private complainant Fe Valenzuela's Business Permit to engage in Ship Chandling Services. On September 15, 2006, Fuentes pleaded “not guilty” to the aforesaid charge. (2) The prosecution alleged that private complainant Fe Valenzuela is the sole proprietor of Triple A Ship Chandling and General Maritime Services (Triple A), which was operating in the Port of Isabel, Leyte since 1993 until 2001 through the Business Permits issued by the Local  Government Unit of Isabel during the said period. However, in 2002, Fuentes, then Mayor of Isabel, ref...

     RA 3019 | Criminal Law  Names Franklin Bautista - incumbent mayor Charge/Violation RA 3019 3( e ) - hiring of employees for political considerations Where Malita, Davao del Sur Facts: (1) On  November 20, 1996, a n anonymous, unverified, and unsigned letter-complaint allegedly prepared by the Contractors Association of Davao del Sur and the Good Government Employees of Davao del Sur was filed with the Office of the Ombudsman for Mindanao charging petitioner Franklin Bautista, incumbent mayor of the Municipality of Malita, Davao del Sur, for violation of Sec. 3(e) of RA 3019. (2) The letter-complaint alleged that the petitioner caused the hiring of one hundred and ninety-two (192) casual employees in the municipal government for political considerations and that the payment of their honoraria and salaries was charged to the peace and order fund despite meager savings of the municipality. (3) On February ...

    RA 3019 | Criminal Law  Names Rolando Sison - Municipal Mayor Rigoberto de Jesus - Municipal Treasurer Elsa Pajayon - State Auditor Charge/Violation RA 3019 3( e ) -  no public bidding (unwarranted benefit) When July 1, 1992, to June 30, 1995 Where Calintaan, Occidental Mindoro Facts: (1)  Petitioner Rolando E. Sison was the municipal mayor of Calintaan,  Occidental Mindoro, a  fourth-class municipality, from July 1, 1992, to June 30,  1995.  Rigoberto de Jesus was the municipal treasurer. (2)  On July 18, 1994,  state auditor Elsa E. Pajayon conducted a post-audit investigation which revealed that during the petitioner’s incumbency, no public bidding was conducted  for the purchase of a Toyota Land Cruiser, 119 bags of Fortune cement, an  electric generator set, certain construction materials, two Desert Dueler tires,  and a computer and its accessories. Pajayon also found out that there were  irregularities...

   RA 3019 | Criminal Law  Names Jose Reyes - Provincial Adjudicator (DARAB) Belen Lopez Vda. de Guia Carlos de Guia Ricardo San Juan Simeon Yangco Charge/Violation RA 3019 3( e ) -  lack of competitive bidding When March 16, 1993 (DARAB Decision) Where Malolos, Bulacan (DARAB) Facts: (1) Belen Lopez Vda. de Guia was the registered absolute owner of two parcels of agricultural land located in Santa Barbara, Baliwag, Bulacan. On March 19, 1975, Belen’s son, Carlos de Guia, forged a deed of sale, in which he made it appear that his mother had sold the land to him. On March 20, 1975, Carlos sold the land to Ricardo San Juan. Subsequently, Ricardo mortgaged the land to Simeon Yangco. (2) On December 20, 1975, upon learning of the transfers of her land, Belen filed an adverse claim in the Register of Deeds of Bulacan. She also filed in the then Court of First Instance of Baliwag, Bulacan a civil action for cancellation of sale, reconveyance, and damages against Carlo...