In the case of ESTRADA vs. DESIERTO, G.R. NO. 156160, December 9, 2004, the crime of violation of Sec. 3(e) of Rep. Act No. 3019 (Anti-Graft and Corrupt
Practices Act), which refers to the offence of CAUSING UNDUE INJURY, the Supreme Court enumerated the elements
of the said crime as follows:
a. The respondent is a public officer discharging administrative, judicial
or official functions, or any private individual in conspiracy with the public
officer;
b. The respondent must have acted
with manifest partiality, evident bad faith, or gross inexcusable negligence;
and
c. The respondent’s
action has caused any undue injury to any party including the government, or
has given any party unwarranted benefits, advantage or preference in the
discharge of his functions.
R.A. No. 6713 (“Code of Conduct and Ethical Standards for Public
Officials and Employees”):
1. “It
is the policy of the State to promote a
high standard of ethics in public service. Public officials and
employees shall at all times x x x shall discharge their duties with utmost responsibility, integrity, x
x x and justice, x x x.” (Sec.2).
2. “Every
public official and employee shall observe the following as standards of
personal conduct in the discharge and execution of official duties:
(c) Justness
and sincerity. — Public officials and employees x x x must act with justness and sincerity and shall not discriminate
against anyone, x x x. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good
customs, public policy, public order, public safety and public
interest. X x x. (Sec. 4).
(d) “Public officials and employees shall
provide service to everyone without
unfair discrimination x x x.” (Id.).
The aforecited two laws carry both administrative and criminal sanctions.
The aggrieved party may also file a civil suit for torts and damages.
ATTY. MANUEL J. LASERNA JR.
Partner
Laserna Cueva-Mercader Law Offices
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