see - sc.judiciary.gov.ph/jurisprudence/2013/july2013/168951.pdf
"x x x.
"Upon the entire evidence on record, the Sandiganbayan was convinced that petitioners were guilty of causing undue injury to the Government. In Llorente, Jr. v. Sandiganbayan, 32 this Court said that to hold a person liable for causing undue injury under Section 3(e), the concurrence of the following elements must be established beyond reasonable doubt by the prosecution:
(1) that the accused is a public officer or a private person charged in conspiracy with the former;
(2) that said public officer commits the prohibited acts during the performance of his or her official duties or in relation to his or her public positions;
(3) that he or she causes undue injury to any party, whether the government or a private party; and
(4) that the public officer has acted with manifest partiality, evident bad faith or gross inexcusable negligence.
We sustain the decision of the Sandiganbayan holding petitioners liable for causing undue injury to the Government in appointing Dr. Posadas as TMC Project Director with evident bad faith.
Bad faith does not simply connote bad judgment or negligence; it imputes a dishonest purpose or some moral obliquity and conscious doing of a wrong; a breach of sworn duty through some motive or intent or ill will; it partakes of the nature of fraud.33 It contemplates a state of mind affirmatively operating with furtive design or some motive of self interest or ill will for ulterior purposes.34 Evident bad faith connotes a manifest deliberate intent on the part of the accused to do wrong or cause damage.35
In Pecho v. Sandiganbayan, 36 the Court en banc defined injury as “any wrong or damage done to another, either in his person, or in his rights, reputation or property; the invasion of any legally protected interests of another.” It must be more than necessary or are excessive, improper or illegal. It is required that the undue injury caused by the positive or passive acts of the accused be quantifiable and demonstrable and proven to the point of moral certainty.37“Undue” means illegal, immoral, unlawful, void of equity and moderations.38
x x x."
