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    PEOPLE OF THE PHILIPPINES Vs HENRY T. GO

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    Candelaria Quezon
    This document discusses a case where a private individual was charged with conspiracy to enter into a grossly disadvantageous contract with a public official. While probable cause was found against both, the public official had died so only the private individual was indicted. The court held that the death of the public official did not extinguish the alleged conspiracy or remove the basis for the charge against the private individual.

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    PEOPLE OF THE PHILIPPINES Vs HENRY T. GO

    Uploaded by

    Candelaria Quezon
    251 views2 pages
    This document discusses a case where a private individual was charged with conspiracy to enter into a grossly disadvantageous contract with a public official. While probable cause was found against both, the public official had died so only the private individual was indicted. The court held that the death of the public official did not extinguish the alleged conspiracy or remove the basis for the charge against the private individual.

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    PEOPLE OF THE PHILIPPINES vs HENRY T. GO

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    This document discusses a case where a private individual was charged with conspiracy to enter into a grossly disadvantageous contract with a public official. While probable cause was found against both, the public official had died so only the private individual was indicted. The court held that the death of the public official did not extinguish the alleged conspiracy or remove the basis for the charge against the private individual.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    251 views2 pages

    PEOPLE OF THE PHILIPPINES Vs HENRY T. GO

    Uploaded by

    Candelaria Quezon
    This document discusses a case where a private individual was charged with conspiracy to enter into a grossly disadvantageous contract with a public official. While probable cause was found against both, the public official had died so only the private individual was indicted. The court held that the death of the public official did not extinguish the alleged conspiracy or remove the basis for the charge against the private individual.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    PEOPLE OF THE PHILIPPINES vs HENRY T.

    GO
    G.R. No. 168539, March 25, 2014
    Fact:
    An Information filed against respondent is an offshoot of this Court’s which nullified the
    various contracts awarded by the Government. Subsequent to the Decision, a certain
    Pesayco filed a complaint with the Office of the Ombudsman against several individuals
    for alleged violation of R.A. 3019. Among those charged was herein respondent, who
    was then the Chairman and President of PIATCO, for having supposedly conspired with
    then DOTC Secretary Arturo Enrile (Secretary Enrile) in entering into a contract which
    is grossly and manifestly disadvantageous to the government. The Office of the Deputy
    Ombudsman for Luzon found probable cause to indict, among others, herein
    respondent for violation of Section 3(g) of R.A. 3019. While there was likewise a finding
    of probable cause against Secretary Enrile, he was no longer indicted because he died
    prior to the issuance of the resolution finding probable cause. The Sandiganbayan
    issued an Order to show cause why this case should not be dismissed for lack of
    jurisdiction over the person of the accused considering that the accused is a private
    person and the public official Arturo Enrile, his alleged co-conspirator, is already
    deceased, and not an accused in this case. The Sandiganbayan grants the Motion to
    Quash and the Information filed in this case is hereby ordered quashed and dismissed.
    Hence this case.

    Issue:
    Whether the death of a Public Officer in a crime extinguishes the Liability of his co-
    conspirators

    Held:
    No, It is true that by reason of death, there is no longer any public officer with whom
    respondent can be charged for violation of R.A. 3019. It does not mean, however, that
    the allegation of conspiracy between them can no longer be proved or that their alleged
    conspiracy is already expunged. The only thing extinguished by the death of public
    officer is his criminal liability. His death did not extinguish the crime nor did it remove
    the basis of the charge of conspiracy between him and private respondent. Stated
    differently, the death of a public officer does not mean that there was no public officer
    who allegedly violated Section 3 (g) of R.A. 3019, that there was probable cause to the
    public officer for infringement of Sections 3 (e) and (g) of R.A. 3019. Were it not for his
    death, he should have been charged. The requirement before a private person may be
    indicted for violation of Section 3(g) of R.A. 3019, among others, is that such private
    person must be alleged to have acted in conspiracy with a public officer. The law,
    however, does not require that such person must, in all instances, be indicted together
    with the public officer. If circumstances exist where the public officer may no longer be
    charged in court, as in the present case where the public officer has already died, the
    private person may be indicted alone.

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