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Henry T. Go vs. The 5th Division, et al.

HENRY T. GO, Petitioner, versus THE FIFTH DIVISION, SANDIGANBAYAN and THE OFFICE OF THE SPECIAL PROSECUTOR, OFFICE OF THE OMBUDSMAN, Respondents.

G.R. No. 172602 | 2007-09-03

RESOLUTION
 


YNARES-SANTIAGO, J.:

This resolves the Motion for Reconsideration filed by petitioner of the Decision dated April 13, 2007.

Petitioner, a private individual, stands charged with violation of Section 3(g) of Republic Act No. 3019, the clear terms of which punishes public officers who, on behalf of the government, enter into contracts or transactions manifestly and grossly disadvantageous to the government, whether or not the public officer profited or will profit thereby.

The first element of the crime is that the accused must be a public officer who enters into a contract on behalf of the government. The philosophy behind this...