Flashcards Studio

From 2017 to 2019, Governor Lamberto Cruz of the Province of Malaya steered three flood-control contracts to Fortisla Construction, Inc., a private contractor whose ownership is linked to Cruz’s sister and cousin. By forged endorsements and No Objection Notes, he bypassed competitive bidding and approved payments totaling PHP 125,000,000 for works whose legitimate costs were about PHP 28,000,000. By 2019, Cruz’s declared assets far exceed his official salary, and Fortisla’s ownership is tied to his family. The acts were committed in the performance of official duties. (a) State the controlling doctrine and its elements that would apply to this case. (b) Distinguish this offense from graft and from malversation, and explain why the acts constitute a “series and combination.” (c) Apply the doctrine to the facts and determine whether Cruz can be held liable for plunder under the Series and Combination theory, including issues of proof and whether the threshold is met.