Flashcards Studio

(a) Identify the essential elements of graft and corrupt practices under Section 3(e) of RA 3019, as amended, and the controlling doctrine. (b) Apply these elements to the following facts and determine whether the mayor is liable under Section 3(e).
Facts: The municipal mayor awarded a P70,000,000 garbage-collection contract to CleanSweep Corp., a private firm in which the mayor’s cousin holds a substantial ownership stake. There was no public bidding; prequalification was skipped; the procurement committee was directed by the mayor to award to CleanSweep despite the bid being 20% above prevailing market rates. The mayor did not disclose the cousin relationship or the private interest. Documents show that CleanSweep contributed to the mayor’s campaign. The municipality suffers undue injury as a result of the contract overpricing and favouritism. Based on these facts, is the mayor liable under Section 3(e) of RA 3019?