March 2013


G.R. No. 175457; July 6, 2011
RUPERTO A. AMBIL, JR vs. SANDIGANBAYAN and PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 175482
ALEXANDRINO R. APELADO, SR vs. PEOPLE OF THE PHILIPPINES

Facts:
Eastern Samar Governor Ruperto Ambil and Provincial warden Alexandrino Apelado were found guilty before the Sandiganbayan for violating Section 3(e) of Republic Act No. 3019 otherwise known as the Anti-Graft and Corrupt Practices Act after Governor Ambil, conspiring with Apelado, ordered the release of then criminally-charged and detained mayor Francisco Adalim and had the latter transferred from the provincial jail to the the governor’s residence.

Issues:
1.)Whether or not the Sandiganbayan had jurisdiction over a suit where one of the 2 accused has a Salary Grade classified to be cognizable before the lower courts.

2.)Whether or not the transfer of the detainee, who was a mayor, by the governor was a violation in contemplation of Sec3(e) of RA 3019 in relation to sec2(b) of the same act.

Held:
SEE: RULING FOR AMBIL VS. SANDIGANBAYAN HERE


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G.R. No. 175991; August 31, 2011
JOSE R. CATACUTAN vs. PEOPLE OF THE PHILIPPINES

Facts:
Petitioner Jose Catacutan was held guilty before the Sandiganbayan for the violation of Section 3(e) of RA 3019(Anti-Graft and Corrupt Practices Act) for his refusal to implement the promotion and appointments of Georgito Posesano and Magdalena A. Divinagracia as Vocational Supervisors III despite the directive of CHED and the Civil Service commission. Catacutan questioned the judgment, contending that he was denied due process when he was not allowed to present the CA judgment, dismissing the adiminstrative case against him.

Issue:
Whether or not the judgment, finding petitioner guilty of violating RA 3019, was well founded despite the refusal of the trial court to admit the dismissal of the administrative case as evidence.



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G.R. No. 172602   April 13, 2007
HENRY T. GO vs.THE FIFTH DIVISION, SANDIGANBAYAN and THE OFFICE OF THE SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN

Vicente C. Rivera, then DOTC Secretary, and petitioner Henry Go, Chairman and President of PIATCO, were charged with violation of Section 3(g) of RA 3019, also known as the Anti-Graft and Corrupt Practices Act. Go, in relation to the voided 1997 Concession Agreement and the Amended and Restated Concession Agreement (ARCA) entered into by the government with Philippine International Air Terminals Co., Inc (PIATCO).

Petitioner Go contended that it was error to charge him with the violation given that he was not a public officer, a necessary element of the offense under Sec 3(g) of RA 3019. He further assert that conspiracy by a private party with a public officer is chargeable only with the offense under Sec3(e).


Issue:
Whether or not Petitioner Go, a private person, may be charged with violation of Sec 3(g) of RA 3019.

Ruling: SEE: GO VS. SANDIGANBAYAN RULING


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