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Showing 49–72 of 107 articles for “graft case”

Jurisdictional Error: Appealing to the Wrong Court in Anti-Graft Cases

Learn how filing a COA appeal to the wrong court can be fatal, using a recent Supreme Court ruling on quantum meruit.

Re-Filing Graft Case Needs No New Preliminary Investigation When Only the Mode of Commission Changes

A re-filed graft information that changes only the mode of committing the offense, not its nature, does not require a new preliminary investigation.

When Local Officials Break Procurement Rules: Lessons From Sison v. People

A mayor's conviction for skipping public bidding shows how courts review local procurement and graft cases under Philippine law.

Private Contractors Can Be Held Liable Under the Anti-Graft Law for Conspiring With Public Officers

The Supreme Court affirms that private individuals who conspire with public officers in graft cases can be held liable under Section 3(e) of RA 3019.

Good Faith Prevails When Public Officials ACT Without Malice IN Granting Benefits

Supreme Court ruling on good faith as a defense in graft cases under RA 3019, Section 3(e), for public officials relying on agency issuances.

Conspiracy and Acquittal: When Can a Private Citizen Be Liable in Graft Cases

Explains when private persons can be charged with graft under Section 3(g) of RA 3019, and what happens when the co-accused public officer is acquitted.

Double Jeopardy and Prioritization Defense in Malversation and Graft Cases

The Supreme Court clarifies when prioritizing payments excuses non-remittance of GSIS funds and when double jeopardy applies in graft cases.

Dismissal Before Prosecution Rests: Double Jeopardy and Due Process in Anti-Graft Cases

Supreme Court clarifies when a premature dismissal of an anti-graft case bars refiling, and why due process matters more than double jeopardy.

Ombudsman's Discretion in Establishing Undue Injury in Anti-Graft Cases

Supreme Court explains when delay in resolving a complaint constitutes

Demurrer to Evidence: Insufficient Proof in Customs and Anti-Graft Cases Leads to Dismissal

When prosecution evidence fails to establish a prima facie case, a demurrer to evidence may lead to dismissal. The Supreme Court explains.

Good Faith Defense in Anti-Graft Cases for Withholding Employee Benefits

When does withholding salaries become graft? The Supreme Court explains good faith and undue injury under RA 3019.

Upholding THE Ombudsmans Power Reinvestigation AND Probable Cause IN Anti Graft Cases

Ombudsman's Supervisory Power Over Special Prosecutor in Graft Cases

Supreme Court clarifies Ombudsman's authority to reverse Special Prosecutor's dismissal recommendation in public official graft cases.

Prescription IN Anti Graft Cases THE States Right TO Recover ILL Gotten Wealth VS Timely Prosecution

Res Judicata and Anti-Graft Cases: When Prior Dismissals Bar Prosecution

The Supreme Court ruled that a final dismissal of a behest-loan complaint bars a later anti-graft prosecution over the same transaction, even against officials not named in the first case.

Ombudsman's Discretion in Graft Cases: When Courts Step In

Explore how Philippine courts review Ombudsman discretion in graft cases, balancing prosecutorial independence with judicial oversight.

Sandiganbayan Jurisdiction: Defining Government-Owned Corporations and Official Authority in Graft Cases

Learn how the Supreme Court defined government-owned corporations and official authority for Sandiganbayan jurisdiction in graft cases.

Prosecutorial Discretion vs Judicial Review: Navigating Anti-Graft Cases in the Philippines

The Supreme Court clarifies when courts may interfere with the Ombudsman's power to investigate and prosecute anti-graft cases.

Undue Injury and Bad Faith: Key Elements in Philippine Anti-Graft Cases

Explaining the Bustillo v. Sandiganbayan ruling on mandatory suspension and the interpretation of fraud in anti-graft cases.

Prejudicial Question Doctrine: How Civil Court Rulings Can Halt Graft Cases in the Philippines

Explaining the prejudicial question doctrine in Philippine law and how a civil case ruling can suspend or halt criminal graft proceedings.

Prescription Periods in Philippine Anti-Graft Cases: When Does the Clock Really Start

Learn how Philippine courts determine when the prescriptive period for anti-graft offenses begins, based on recent Supreme Court rulings.

Delayed Budget Undue Injury Ombudsmans Discretion IN Graft Cases

Speedy Disposition vs Public Justice: Balancing Rights in Anti-Graft Cases

Supreme Court clarifies that the right to speedy disposition is flexible and may be waived by silence, especially when public funds are involved.

Graft Case Lessons When Good Faith Defenses Fail Public Officials

A mayor's conviction under Section 3(e) of RA 3019 shows when good faith defenses fail public officials in graft cases.