1/22/2020 PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A.

ic officers, R.A. 3019, Conspiracy – PINAY JURIST

 MENU

PINAY JURIST
BAR EXAM REVIEWERS AND CASE DIGESTS

— CRIMINAL LAW —  Search …

PEOPLE v. HENRY GO G.R.

No. 168539 March 25, 2014 GET

Corrupt practices of public RESOURCE

BUNDLES &

o cers, R.A. 3019,

FRESH
CONTENT
NOTIFICATION

Conspiracy Sign up for Pinay

MARCH 18, 2019 Jurist Newsletter
Name

Email

FACTS:
By continuing, you
accept the privacy

https://www.pinayjurist.com/people-v-henry-go-g-r-no-168539-march-25-2014-corrupt-practices-of-public-officers-r-a-3019-conspiracy/ 1/7
1/22/2020 PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy – PINAY JURIST

Before the Court is a petition for review policy

on certiorari assailing the Resolution of

I'M IN!
the Third Division of the Sandiganbayan
(SB) dated June 2, 2005 which quashed
the Information led against herein
respondent for alleged violation of
Section 3 (g) of Republic Act No. 3019 CATEGORIES
(R.A. 3019), otherwise known as the Anti-
Banking
Graft and Corrupt Practices Act.

Bar Q & A
Herein respondent was indicted for
violation of Section 3(g) of R.A. 3019. Civil Law

While there was likewise a nding of

Constitutional Law
probable cause against Secretary Enrile,
he was no longer indicted because he died Corporation Law
prior to the issuance of the resolution
nding probable cause. Criminal Law

Election Law
Thus, in an Information, respondent was
charged before the Sandiganbayan. Insurance

Respondent led a Motion to Quash the Intellectual Property

Law
Information led against him on the
ground that the operative facts adduced International Law
therein do not constitute an o ense
under Section 3(g) of R.A. 3019. Labor Law

Law School
It appearing that Henry T. Go, the lone
accused in this case is a private person Legal Ethics
and his alleged co-conspirator-public
o cial was already deceased long before Mercantile Law

this case was led in court, for lack of

Political Law
jurisdiction over the person of the
accused, the SB granted the Motion to Remedial Law
Quash and the Information led was
Special Proceedings
ordered quashed and dismissed.

https://www.pinayjurist.com/people-v-henry-go-g-r-no-168539-march-25-2014-corrupt-practices-of-public-officers-r-a-3019-conspiracy/ 2/7
1/22/2020 PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy – PINAY JURIST

ISSUE: Taxation

WHETHER OR NOT respondent, a private

person, may be indicted for conspiracy in
violating Section 3(g) of R.A. 3019 even if POLL
the public o cer, with whom he was
alleged to have conspired, has died prior What subjects are yo
to the ling of the Information. enrolled in?

RULING: I am a Bar Reviewee

The Court nds the petition meritorious.

Political/ Constitutional L
Law & Election Laws)
Section 3 (g) of R.A. 3019 provides:
Criminal Law (Special Pe
Sec. 3. Corrupt practices of public o cers.
– In addition to acts or omissions of Civil Law (Private Int'l La
public o cers already penalized by
existing law, the following shall Mercantile Law
constitute corrupt practices of any public
o cer and are hereby declared to be Remedial Law
unlawful:

Taxation
xxxx

Labor Law
(g) Entering, on behalf of the
Government, into any contract or
Legal Ethics
transaction manifestly and grossly
disadvantageous to the same, whether or Other:

not the public o cer pro ted or will

pro t thereby. Vote

View Results Crow

The elements of the above provision are:

(1) that the accused is a public o cer;

https://www.pinayjurist.com/people-v-henry-go-g-r-no-168539-march-25-2014-corrupt-practices-of-public-officers-r-a-3019-conspiracy/ 3/7
1/22/2020 PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy – PINAY JURIST

(2) that he entered into a contract or

META
transaction on behalf of the government;
and
Register

(3) that such contract or transaction is Log in

grossly and manifestly disadvantageous

Entries feed
to the government.

Comments feed
At the outset, it bears to reiterate the
settled rule that private persons, when WordPress.org

acting in conspiracy with public o cers,

may be indicted and, if found guilty, held
liable for the pertinent o enses under
Section 3 of R.A. 3019, in consonance with
the avowed policy of the anti-graft law to
repress certain acts of public o cers and
private persons alike constituting graft or
corrupt practices act or which may lead
thereto.

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
o cer.

The law, however, does not require that

such person must, in all instances, be
indicted together with the public o cer.
If circumstances exist where the public
o cer may no longer be charged in court,
as in the present case where the public
o cer has already died, the private
person may be indicted alone.

https://www.pinayjurist.com/people-v-henry-go-g-r-no-168539-march-25-2014-corrupt-practices-of-public-officers-r-a-3019-conspiracy/ 4/7
1/22/2020 PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy – PINAY JURIST

Indeed, it is not necessary to join all

alleged co-conspirators in an indictment
for conspiracy. If two or more persons
enter into a conspiracy, any act done by
any of them pursuant to the agreement is,
in contemplation of law, the act of each of
them and they are jointly responsible
therefor.

This means that everything said, written

or done by any of the conspirators in
execution or furtherance of the common
purpose is deemed to have been said,
done, or written by each of them and it
makes no di erence whether the actual
actor is alive or dead, sane or insane at
the time of trial.

The death of one of two or more

conspirators does not prevent the
conviction of the survivor or survivors.

 MARCH 18, 2019  PINAYJURIST

 CRIMINAL LAW

Leave a Reply
Your email address will not be published. Required elds are
marked *

https://www.pinayjurist.com/people-v-henry-go-g-r-no-168539-march-25-2014-corrupt-practices-of-public-officers-r-a-3019-conspiracy/ 5/7
1/22/2020 PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy – PINAY JURIST

Comment

Name *

Email *

Website

POST COMMENT

PREVIOUS POST NEXT POST

LUCAS vs. JUDGE FULE v. LEGARE G.R.

AMELIA A. FABROS No. L-17951 February
A.M. No. MTJ-99-1226. 28, 1963 Purchaser in
January 31, 2000 Good Faith
Summary Procedure

https://www.pinayjurist.com/people-v-henry-go-g-r-no-168539-march-25-2014-corrupt-practices-of-public-officers-r-a-3019-conspiracy/ 6/7
1/22/2020 PEOPLE v. HENRY GO G.R. No. 168539 March 25, 2014 Corrupt practices of public officers, R.A. 3019, Conspiracy – PINAY JURIST

Proudly powered by WordPress | Theme: Anissa by AlienWP.

https://www.pinayjurist.com/people-v-henry-go-g-r-no-168539-march-25-2014-corrupt-practices-of-public-officers-r-a-3019-conspiracy/ 7/7