Section 3 (e) of Republic Act No. 3019, “Anti-Graft and Corrupt Practices Act

Bustillo, et al. vs. People of the Philippines, G.R. No. 160718, 12 May 2010

In order to be liable for violation of Section 3 (e) of Republic Act No. 3019, or otherwise known as the “Anti-Graft and Corrupt Practices Act, the following elements must concur:

“(1) that the accused are public officers or private persons charged in conspiracy with them;

“(2) that said public officers commit the prohibited acts during the performance of their official duties in relation to their public positions;

“(3) that they caused undue injury to any party whether the Government or a private party;

“(4) that such injury is caused by giving unwarranted benefits, advantage, or preference to such parties; and

“(5) that the public officers have acted with manifest partiality, evident bad faith, or gross inexcusable negligence.”