44. Teves Vs. Sandigangbayan.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Teves vs. Sandigangbayan (G.R. No. 154182)

Facts: The petitioners are Edgar Y. Teves and Teresita Z. Teves. The respondent is the Sandigangbayan. In the case at bar, there herein accuse is a public officer being the Municipal Mayor of Valencia, Negro Oriental. During the 2007 elections, he was a candidate for the position of representative of the 3rd legislative district of Negros Oriental. The herein accused was charged with the violation of Section 3 (h) of RA 3019. This is for the reason that he unlawfully issued a business permit/license to operate the Valencia Cockpit and Recreation Center in favor of one Daniel Teves. And that said herein accuse Edgar Teves have a direct financial or pecuniary interest therein considering the fact that said arena is actually owned and operated by the tow herein accused. The Sandigangbayan then found them guilty for violating the Section 3 (h) of the RA 3019.

Issue: Whether or not the herein petitioners are guilty for violating the Section 3(h) of RA 3019.

Held: The Supreme Court said that in order to be held liable for the section 3 (h) of RA 3019 for having directly or indirectly having financial or pecuniary interest in any business, contract or transaction in connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest, three elements must concur. These are: “1) The accused is a public officer; 2) he has a direct or indirect financial or pecuniary interest in any business, contract or transaction; 3) he either: a) intervenes or takes part in his official capacity in connection with such interest, or b) is prohibited from having such interest by the Constitution or by law.” Since it was proven that the petitioners took advantage of his position as Mayor, he is then liable for having violated the Section 3 (h) of RA 3019.