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    Disini vs. Sandiganbayan and People

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    Joshua
    Disini was charged with corruption of public officials and anti-graft violations for promising gifts of mining corporation stock to President Marcos in exchange for engineering contracts, which Disini received. Disini also took advantage of his close personal relationship with the Marcos family, as the cousin of Imelda Marcos and family physician, to gain projects from the National Power Corporation through Marcos' direct intervention. The court found the information in the charges against Disini to be sufficient, as it stated that Disini offered gifts to Marcos, a public official, in consideration for contracts, placing Marcos under circumstances of liability for bribery. The information also sufficiently established that Disini exploited his family and personal ties to Marcos

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    Disini vs. Sandiganbayan and People

    Uploaded by

    Joshua
    3K views1 page
    Disini was charged with corruption of public officials and anti-graft violations for promising gifts of mining corporation stock to President Marcos in exchange for engineering contracts, which Disini received. Disini also took advantage of his close personal relationship with the Marcos family, as the cousin of Imelda Marcos and family physician, to gain projects from the National Power Corporation through Marcos' direct intervention. The court found the information in the charges against Disini to be sufficient, as it stated that Disini offered gifts to Marcos, a public official, in consideration for contracts, placing Marcos under circumstances of liability for bribery. The information also sufficiently established that Disini exploited his family and personal ties to Marcos

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    Disini was charged with corruption of public officials and anti-graft violations for promising gifts of mining corporation stock to President Marcos in exchange for engineering contracts, which Disini received. Disini also took advantage of his close personal relationship with the Marcos family, as the cousin of Imelda Marcos and family physician, to gain projects from the National Power Corporation through Marcos' direct intervention. The court found the information in the charges against Disini to be sufficient, as it stated that Disini offered gifts to Marcos, a public official, in consideration for contracts, placing Marcos under circumstances of liability for bribery. The information also sufficiently established that Disini exploited his family and personal ties to Marcos

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views1 page

    Disini vs. Sandiganbayan and People

    Uploaded by

    Joshua
    Disini was charged with corruption of public officials and anti-graft violations for promising gifts of mining corporation stock to President Marcos in exchange for engineering contracts, which Disini received. Disini also took advantage of his close personal relationship with the Marcos family, as the cousin of Imelda Marcos and family physician, to gain projects from the National Power Corporation through Marcos' direct intervention. The court found the information in the charges against Disini to be sufficient, as it stated that Disini offered gifts to Marcos, a public official, in consideration for contracts, placing Marcos under circumstances of liability for bribery. The information also sufficiently established that Disini exploited his family and personal ties to Marcos

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Disini vs.

    Sandiganbayan and People


    GR 169823 September 11, 2013
    DOCTRINE
    President Marcos, in causing the award of the contracts to Burns & Roe and
    Westinghouse by taking advantage of his position and in committing said act in relation to
    his office, was placed under circumstances that would make him liable for direct bribery.
    The second element of corruption of public officers simply required the public officer
    to be placed under circumstances, not absolute certainty, that would make him liable
    for direct or indirect bribery.
    FACTS
    Petitioner Disini was charged and convicted in Sandiganbayan for corruption of public
    officials and violation of section 4 of Anti-graft and corrupt practices act.
    During the period from 1974 to February 1986 Disini unlawfully conspired with
    President Marcos by promising gifts by way of stock in a mining corporation in consideration
    of contracts for engineering and architectural services which Disini subsequently received.
    In another criminal case this time for violation of sec 4 of Anti-graft and corrupt
    practices act it was alleged that President Marcos was a golf partner and a close personal
    friend of Disini and that Disinis wife Paciencia Disini was actually the first cousin of the first
    Lady Imelda Marcos.
    In the said complaint it was alleged that Disini took advantage of such close personal
    relation to gain projects for the National Power Corporation (NPC) at Morong, Bataan wherein
    Disini managed to obtained projects for the said corporation and others through the direct
    intervention of then President Marcos.
    ISSUES
    WON there is sufficiency of information to hold Disini guilty of said crime.
    Held
    The information were sufficient in form and substance. For the corruption of public
    officer complaint: The information stated that: (1) Disini made an offer and promise, and
    gave gifts to President Marcos, a public officer; and (2) in consideration of the offers,
    promises and gifts, President Marcos, in caused the award of the contracts in favor of Disini
    by taking advantage of his position and in committing said act in relation to his office, was
    placed under circumstances that would make him liable for direct bribery. The second
    element of corruption of public officers simply required the public officer to be placed under
    circumstances, not absolute certainty, that would make him liable for director indirect
    bribery. Thus, even without alleging that President Marcos received or accepted Disini's
    offers, promises and gifts an essential element in direct bribery the allegation that
    President Marcos caused the award of the contracts to Burns & Roe and Westinghouse
    sufficed to place him under circumstances of being liable for direct bribery.
    For the complaint regarding the violation of Sec 4 of R.A 3019 the information
    contained if hypothetically admitted, would establish the elements of the offense,
    considering that: (1) Disini, being the husband of Paciencia Escolin-Disini, the first cousin of
    First Lady Imelda Romualdez-Marcos, and at the same time the family physician of the
    Marcoses, had close personal relations and intimacy with and free access to President
    Marcos, a public official; (2) Disini, taking advantage of such family and close personal
    relations, requested and received $1,000,000.00 from Burns & Roe and $17,000,000.00 from
    Westinghouse, the entities then having business, transaction, and application with the
    Government in connection with the PNPPP; (3) President Marcos, the public officer with
    whom Disini had family or close personal relations, intervened to secure and obtain for
    Burns & Roe the engineering and architectural contract, and for Westinghouse the
    construction of the PNPPP.

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