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All Jurisprudence based

0 tracked cards Criminal Law

From 2019 to 2022, Governor Alma Dizon steered six information-technology procurement contracts to TechWave Solutions, Inc., a private contractor whose ownership is traced to the governor’s spouse via a family trust. By forged endorsements and No Objection notes, bidding was bypassed and payments totaling PHP 180,000,000 were approved for works whose legitimate costs were PHP 40,000,000. By 2022, Dizon’s declared assets far exceed her official salary, and TechWave’s ownership is linked to her spouse. The acts were committed in the performance of official duties. Which of the following best states the controlling doctrine and its elements that would apply to this case?

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Direct Bribery (Art. 210) — elements: public officer; receiving money or gifts in exchange for performing or refraining from an official act; acts done in the course of public duties. Series and Combination doctrine (plunder) — elements: public officer; several acts committed in the performance of official duties; aggregate value exceeding the plunder threshold; evident bad faith or manifest partiality; acts tied by a common purpose to accumulate wealth for the officer or his relatives. Graft under Section 3 of RA 3019 — elements: public officer; acts causing undue injury to the government or giving unwarranted benefits; by reason of official duties; not required to be in a series. Estafa by deceit (RPC 315) — elements: offender defrauds by deceit; obtains government funds by misrepresentation; not dependent on a series of acts.

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