Flashcards Studio

(a) Identify the essential elements of graft and corrupt practices under Section 3(e) of RA 3019, as amended, and state the controlling doctrine.
(b) Apply these elements to the following scenario and determine whether the public officer is liable under Section 3(e):
Facts: A municipal mayor awards 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; the procurement committee was directed by the mayor to award to CleanSweep despite bids being 20% higher than the second-highest bid. The mayor did not disclose the cousin relationship or CleanSweep's ownership stake. Documents show that CleanSweep provided travel perks and campaign contributions to the mayor. The municipality suffers undue injury due to the overpricing and favoritism.