Professional Documents
Culture Documents
SPL DIGESTED CASES Saturday Classes 1st Semester 2011 under Judge
Abbu standard of honesty in the public service and to promote morality
in the public service. Public office is a public trust. To satisfy due
process, however, official act must not outrun the bonds of reason and
result in sheer oppression. It must be free from arbitrariness. It is not
within the province of the courts to supervise legislation and keep it
within the bonds of propriety and common sense. ARTURO MEJORADA
VS.SANDIGANBAYAN FACTS: Mejorada was a right of way agent
employed in the Office of the Highway District Engineer in Pasig, Metro
Manila. His work was to negotiate with property owners affected by
highway constructions/improvements for the purpose of compensating
them for the damages that they may incur. Mejorada required the
claimants de Leon et.al to sign blank copies of Sworn Statement on the
Correct Assessment and Fair Market Value of Real Properties as well as
an Agreement to demolish, remove and reconstruct improvements.
Claimants did sign without bothering what those documents were
about as they were more concerned with just compensation
supposedly due them. In the signed documents, Mejorada made it
appear that the value of the properties of the claimants were much
higher than actual value claimed by the de leon et. Al. What was
reflected in the Agreement was the value of improvements that was
P2,000 lower than the value declared by the owner/claimants. Also,
declarations of property were attached to the documents, which
declarations were actually falsified as they were registered under
different names other than the claimants. Claimants were later
accompanied by Mejorada to receive the proceeds of their checks. But
Mejorada took part of the proceeds. Claimants could not complain as
they were afraid of Mejoradas armed companions. Claimants de leon
et.al later filed complaints against Mejorada (assisted by their counsel)
with the Provincial Fiscal Office in Pasig. Consequently, 8 informations
were filed against Mejorada.
hanipaporo2013
RA 3019 (Anti-Graft and Corrupt Practices Act)
MORFE VS. MUTUC FACTS: Morfe was a public official who questioned
AO 334 in connection with Section 7 of RA 3019, which provides that
every public officer should submit a sworn statement of assets and
liabilities (SAL) either within 30 days upon assumption of office and
within the month of January every succeeding year to the Head of
Office. It must be emphasized that RA 3019 was enacted as a police
power of the State to promote morality in public service. According to
Morfe, since such provision bares the financial condition of the public
officer upon assumption of office, it is violative of due process as it is
an oppressive exercise of police power and an unlawful invasion of the
constitutional rights to privacy, unreasonable searches and seizures as