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Showing 97–120 of 124 articles for “anti-graft”

Good Faith Reliance on Subordinates Can Defeat Anti-Graft Charges Against Public Officials

Supreme Court rules a public official who relies in good faith on subordinates' certifications cannot be prosecuted for graft absent evident bad faith.

Defining Public Officer Scope of Ombudsman's Jurisdiction in Anti-Graft Cases

Supreme Court clarifies Ombudsman jurisdiction over public officers in anti-graft cases, defining who qualifies as a public officer.

Public vs Private Sector: Defining Government Control in Anti-Graft Cases

When is a government employee a public officer? The Macalino case clarifies jurisdiction in anti-graft prosecutions.

Behest Loans, Prescription, and Ombudsman Discretion in Anti-Graft Cases

The Supreme Court clarifies the discovery rule for behest loan offenses and the Ombudsman's broad discretion to dismiss complaints lacking probable cause.

Prosecutorial Discretion vs Anti-Graft: Defining Undue Injury in Public Office

The Supreme Court clarifies when a prosecutor's error becomes a crime under the Anti-Graft Law, explaining the element of undue injury.

Probable Cause and Judicial Discretion in Anti-Graft Cases: Odin Security Agency v. Sandiganbayan

The Supreme Court explains when courts may dismiss criminal cases for lack of probable cause and the limits of certiorari review in graft cases.

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for anti-graft cases begins, distinguishing discovery from commission of the offense.

Ombudsman’s Probable Cause Finding in Anti-Graft Cases: When Courts Will Not Interfere

The Supreme Court affirms the Ombudsman’s broad discretion in determining probable cause for anti-graft charges, limiting judicial review.

Anti-Graft Law: When a Government Contract Becomes Manifestly Disadvantageous

Learn when a government contract is manifestly disadvantageous to the government under Philippine anti-graft law, with key rulings and practical guidance.

Ombudsmans Discretion When Courts Defer to Anti-Graft Investigations

Philippine courts defer to Ombudsman findings in anti-graft cases absent grave abuse of discretion. Learn from Morong Water District.

Limits on Ombudsman's Power: Court Upholds Anti-Graft Prosecution Discretion

Supreme Court clarifies courts cannot interfere with Ombudsman's prosecutorial discretion absent grave abuse, in anti-graft case.

Speedy Disposition of Cases: Balancing Delay and Due Process in Anti-Graft Proceedings

Explaining the Castillo v. Sandiganbayan ruling on what counts as unreasonable delay in anti-graft cases and the right to speedy disposition.

Reliance on Official Advice as Good Faith Defense in Anti-Graft Cases

Supreme Court holds that public officers who rely on prevailing BIR opinions act in good faith and cannot be liable under Section 3(e) of RA 3019.

When Official Duty Shields a Lawyer from Personal Liability for Conflict Claims

Explaining when government lawyers cannot be held personally liable for alleged conflicts of interest under the Anti-Graft law.

Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan

The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.

Preventive Suspension of Public Officials: Graft Law Applies to Election Offenses

Unauthorized use of government property is fraud, so preventive suspension under the Anti-Graft Law applies even in election offense cases.

Sheriffs Authority VS Abuse OF Power Defining Limits IN Foreclosure Proceedings

When can courts suspend public officials? Juan v. People clarifies preventive suspension under the Anti-Graft Law for election offenses.

Prescription of Behest Loan Cases: When Does the Clock Start for Anti-Graft Charges?

The Supreme Court clarifies when prescription begins for behest loan cases under RA 3019, emphasizing discovery over commission.

Undue Injury in Graft Cases: Actual Damage to Government Is Essential

Philippine Supreme Court ruling clarifies that actual damage to government is essential for conviction under Section 3(e) of the Anti-Graft Law.

Void Contracts and Official Overreach: Due Process in Philippine Law

When can public officials take over a leased public market? The Supreme Court clarifies void contracts, due process, and criminal liability under the Anti-Graft Law.

Bribery in the Philippines: Understanding the Anti-Graft Law and Its Consequences

A Supreme Court ruling on a court interpreter's extortion explains Philippine bribery law, the Anti-Graft Law, and the penalties for public officers.

When Is a Public Official's Act Bad Faith in Anti-Graft Cases

The Supreme Court clarifies when a public official's act amounts to "evident bad faith" under Section 3(e) of the Anti-Graft Law.

Undue Injury in Philippine Anti-Graft Law: Why Actual Damage Is Crucial

Explaining the Supreme Court's ruling in Llorente v. Sandiganbayan that in graft cases.

Graft and Corruption: Understanding Undue Injury Under Philippine Law

Explaining undue injury in Anti-Graft law through Amper v. Sandiganbayan, where a city engineer used a government backhoe for treasure hunting.