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Showing 73–96 of 124 articles for “anti-graft”

When Private Individuals Cannot Be Charged Under Section 3(g) of the Anti-Graft Law

Explaining Go v. Sandiganbayan: why private persons cannot be charged with conspiracy under Section 3(g) of RA 3019.

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.

Conspiracy and Corruption: Private Actors Under the Anti-Graft Law

The Supreme Court clarifies that private individuals may be charged with violating Section 3(g) of the Anti-Graft Law when they conspire with public officers.

Private Parties and Conspiracy Under Section 3(g) of RA 3019 Explained

The Supreme Court clarifies that private individuals may be charged with Section 3(g) of the Anti-Graft Law when conspiring with public officers.

Altering Tax Declarations: The Uriarte Case on Undue Injury Under Anti-Graft Law

A municipal assessor altered tax declaration entries to favor his father's land, leading to a conviction for violation of Section 3(e) of R.A. 3019.

Bank Manager Liability for Negligence and Undue Injury Under the Anti-Graft Law

A bank manager who allowed check encashment without verifying indorsements was held liable under Section 3(e) of RA 3019 for causing undue injury.

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.

Preventive Suspension of Public Officials: When Does It Apply

The Supreme Court explains when courts must order preventive suspension of public officials under the Anti-Graft law, and its limits.

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.

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.

Navigating Anti-Graft Laws in Philippine Government Transactions: Good Faith and Due Diligence

Learn how Philippine courts apply good faith and due diligence standards in government asset sales under the Anti-Graft Law.

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.

Navigating Anti-Graft Law: The Balance Between Undue Injury and Unwarranted Benefits

The Supreme Court clarifies the two modes of violating Section 3(e) of the Anti-Graft Law, guiding public officers and prosecutors.

Speedy Trial Rights: How Delays Impact Anti-Graft Cases in the Philippines

Learn how Philippine courts balance delays in anti-graft cases against the constitutional right to speedy disposition, using the Mendoza-Ong ruling as a guide.

Ombudsman's Discretion in Dismissing Graft Complaints: Samson v. Ombudsman

When can courts overturn the Ombudsman's dismissal of an anti-graft complaint? The Supreme Court explains the limits of judicial review.

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

The Supreme Court balances the right to speedy disposition against the public's right to justice in anti-graft cases, clarifying when delay may be excused.

Suspension of Public Officials: Fraudulent Acts and the Anti-Graft Law

Explore how the Supreme Court handled a mayor's suspension and reinstatement in an Anti-Graft case, clarifying undue injury under RA 3019.

Challenging Anti-Graft Law: Balancing Due Process and Public Accountability

The Supreme Court upholds Section 5 of RA 3019 against vagueness challenges, clarifying rules on repetitive motions, prescription, and immunity.

Reelection Does Not Erase Criminal Liability for Prior Misconduct

Philippine Supreme Court ruling that reelection condones only administrative liability, not criminal charges under the Anti-Graft law.

Preventive Suspension Under the Anti-Graft Law Is Mandatory, Not Discretionary

Preventive suspension of public officials under Section 13 of R.A. 3019 is mandatory once a valid information is filed. The Court explains why.

Upholding Public Trust: The Limits of Amending Criminal Informations in Anti-Graft Cases

When can a judge amend a criminal information? This case clarifies the limits of judicial discretion in anti-graft proceedings.

Gifts to Public Officials: Defining Corrupt Practices Under Philippine Law

Explaining when gifts to public officials violate the Anti-Graft Law, and why the gift's value is not always an essential element.

Public vs Private Funds: Defining AFP-RSBS and the Reach of Anti-Graft Laws

The Supreme Court clarifies when military pension funds are public funds, affecting Sandiganbayan jurisdiction over graft cases.

Reviving the Pursuit of Justice: Prescription in Anti-Graft Cases and the Ombudsman's Duty

The Supreme Court clarifies prescription rules for anti-graft cases and the Ombudsman's duty to investigate, not dismiss, based on valid laws.