ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA NO. 3019)
1. To hold a person liable under this section, the prosecution must establish beyond
reasonable doubt that: 1) the accused is a public officer or a private person
charged in conspiracy with the former; 2) the public officer commits the
prohibited acts during the performance of his or her official duties or in relation to
his or her public functions; 3) he or she causes undue injury to any party, whether
the government or a private party; and 4) the public officer has acted with
manifest partiality, evident bad faith or gross inexcusable negligence.(Buyagao vs.
Karon, G.R. No. 162938, December 27, 2007).
2. After an employee, whose salary was withheld, fully received his or her monetary
claims, there is no longer any basis for compensatory damages or undue injury,
there being nothing more to compensate; Undue injury as an element of Sec. 3 (e)
of R.A. 3019 must be more than necessary, excessive, improper or
illegal.(Buyagao vs. Karon, G.R. No. 162938, December 27, 2007).
3. Unlike in actions for torts, undue injury in Section 3(e) cannot be presumed even
after a wrong or violation of a right has been established- its existence must be
proven as one of the elements of the crime.(Buyagao vs. Karon, G.R. No. 162938,
December 27, 2007).