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