MEJORADA v SANDIGANBAYAN (151 SCRA 399) 1987 (Digest)

Successive Service of the Sentence/ TheThree-Fold Rule

31. MEJORADA v SANDIGANBAYAN (151 SCRA 399) 1987

Facts:

                On the period October 1977 to February 1978, the accused, being employed in the Office of the Highway District Engineer, Pasig, Metro Manila as Right-of-Way-Agent, conspiring together with two (2) other John Does, feloniously, directly intervene, work for, and facilitate the approval of one Isagani de Leon's claim for the payment in the removal and reconstruction of his house and a part of his land expropriated by the government having been affected by the proposed Pasig-Sta.Cruz-Calamba Road, while Arturo A. Mejorada is in the discharge of his official and after said claim was approved and the corresponding PNB Check was issued and encashed in the amount of P7,200.00 give only P1.000.00 to claimant (Isagani de deon), appropriating, applying and converting to themselves the amount of P6,200.00.

Issue:

                Whether or not the essential elements constituting the offense penalized by section 3(e) of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act have been clearly and convincingly proven by the prosecution.

Held: Yes.

Ratio:

                Section 3 of Republic Act No. 3019 refers to “any public officer”. It makes no distinction or qualification and specifies the acts declared unlawful. A violation may occur when an officer takes advantage of his position and divests private parties of compensation they must receive.