Case Digest: Saludaga and Genio vs Sandiganbayan

By ResIpsaLoquitor -
Saludaga and Genio vs Sandiganbayan

GR No. 184537                                                             April 23, 2010

Facts:
Saludaga and Genio entered into a Pakyaw Contract for the construction of Barangay Day Care Centers without conducting a competitive public bidding as required by law, which caused damage and prejudice to the government. An information was filed for violation of Sec. 3 (e) of RA 3019 by causing undue injury to the Government. The information was quashed for failure to prove the actual damage, hence a new information was filed, now for violation of Sec. 3 (e) of RA 3019 by giving unwarranted benefit to a private person. The accused moved for a new preliminary investigation to be conducted on the ground that there is substitution and/or substantial amendment of the first information.

Issue:
Whether or not there is substitution and/or substantial amendment of the information that would warrant an new preliminary investigation.

Ruling:
No, there is no substitution and/or substantial amendment.

Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:

x x x x

(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions.

That there are two (2) different modes of committing the offense: either by causing undue injury or by giving private person unwarranted benefit. That accused may be charged under either mode or under both. Hence a new preliminary investigation is unnecessary.


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