KILOSBAYAN FOUNDATION and BANTAY KATARUNGAN ...

Supplemental Resolution
OMB-L-C-04-0922-J - Kilosbayan Foundation and Bantay Katarungan Foundation vs Benjamin Abalos, et al.,;
OMB-L-C-04-0983-J - Sen. Aquilino Q. Pimentel, Jr., FIO vs Benjamin Santos Abalos, et al.,;
OMB-C-C-04-0011-A - Sen. Aquilino Q. Pimentel, Jr. vs. Luzviminda Tancangco, et al.,;
OMB-L-A-04-0706-J - Sen. Aquilino Pimentel, Jr., FIO vs Eduardo Dulay Mejos,
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this cannot at once be considered criminal absent any showing of bad faith,
malice or bribery in procuring the contract. In the same manner that when a
judgment or order of the court is set aside because of grave abuse of
discretion, it does not necessarily mean that the issuing magistrate is also
liable for the crime of rendering an unjust judgment. In other words, the
finding of probable cause must, in addition, be supported by a clear and
convincing evidence of malice, bad faith, bribery, manifest impartiality,
unwarranted benefit and undue advantage. In this case, none has been
presented.
Criminal liability under Section 3 (g)
of RA 3019
To establish an offense for violation of Section 3(g) RA 3019, the
following elements must concur:
(1) The offender is a public officer;
(2) He entered into a contract or transaction in behalf of the
government; and
(3) The contract or transaction is grossly and manifestly
disadvantageous to the government.
The concurrence of all three (3) essential elements has not been
established. Manifest means obvious to the understanding, evident to the
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