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G.R. Nos.

83938-40 November 6, 1989

PEOPLE OF THE PHILIPPINES, petitioner,


vs. HON. HENRY B. BASILLA, SALVACION COLAMBOT, SPOUSES JAIME AND ADORACION
TAYONG and MELCHOR YANSON, respondents.

After the May 1987 congressional elections in Masbate, complaints were filed against private respondents
for violations of Section 261 of the Omnibus Election Code. The Provincial Fiscal of Masbate conducted a
preliminary investigation and filed criminal complaints in the Regional Trial Court. Respondent Judge
Henry Basilla dismissed the criminal complaints, arguing that the complaints should have been filed with
the Commission on Elections (Comelec) for investigation. The judge based the dismissal on the
constitutional mandate that the Comelec has exclusive power to investigate and prosecute election
offenses. The People filed a Petition for Review, arguing that the Comelec has the authority to deputize
prosecuting arms of the government for preliminary investigation and prosecution of election offenses.
The issue of this case is whether the trial court erred in dismissing the criminal complaints based on the
ground that the complaints were not filed with the Comelec for investigation.

G.R. Nos. 168951 & 169000 November 27, 2013

DR. ROGER R. POSADAS and DR. ROLANDO P. DAYCO, Petitioners, vs. SANDIGANBAYAN and
PEOPLE OF THE PHILIPPINES, Respondents.

Dr. Roger R. Posadas and Dr. Rolando P. Dayco were implicated in criminal cases involving their
appointments to positions in the UP-Technology Management Center (UP TMC) and related projects. Dr.
Posadas, as the Chancellor of UP Diliman, formed a Task Force that proposed the establishment of UP
TMC, and he was nominated for the position of Center Director. Dr. Dayco, as Officer-in-Charge
Chancellor in Posadas's absence, appointed Posadas as Project Director and Consultant for the UP TMC
Project. The COA Resident Auditor initially suspended payments for these appointments but later lifted
the suspension after the UP Diliman Legal Office confirmed Dr. Dayco's authority. The Sandiganbayan
found Dr. Posadas and Dr. Dayco guilty of violating Republic Act 3019, imposing penalties, which the
Supreme Court later affirmed. The issue of this case is whether Dr. Posadas and Dr. Dayco acted in bad
faith or manifest partiality in their appointments, justifying their conviction under Republic Act 3019

G.R. No. 98355 March 2, 1994

HON. TOMAS R, OSMEÑA, petitioner,


vs.
COMMISSION ON AUDIT AND HONORABLE EUFEMIO C. DOMINGO, respondents.

The City of Cebu decided to construct a modern abattoir in 1985, and a contract was entered into with H.
Franco Construction Company, Inc. (HFCCI) for the project. The contract cost was P8,368,920.00, and
the City Treasurer certified the availability of funds for the first installment of P2,092,230.00. Senator
John H. Osmeña ordered the project's suspension in 1986, leading to a review by the Commission on
Audit (COA), which declared the contract void due to the discrepancy between the contract cost and the
certified funds. A compromise agreement was later entered into in 1988, with the City of Cebu agreeing
to pay P1,500,000.00 to HFCCI. The COA, in subsequent rulings, declared the compromise agreement
void, asserting that it was a circumvention of its earlier decision declaring the contract void. The issue of
this case is whether the COA's decision declaring the abattoir contract void was valid, and consequently, if
the compromise agreement and the resulting payment by the City of Cebu to HFCCI were enforceable or
a personal liability of the officer who entered into it.

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