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Question III

2014 Bar · Criminal Law · 2 sub-questions

III. City Engr. A, is the city engineer and the Chairman of the Bids and Awards Committee (BAC) of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance,allotted the amount of P 100 million for the construction of a road leading to the poblacion. City Engr. A instead, diverted the construction of the road leading to his farm. Investigation further showed that he accepted money in the amount of P 10 million each from three (3) contending bidders, who eventually lost in the bidding. Audit report likewise showed that service vehicles valued at P 2 million could not be accounted for although reports showed that these were lent to City Engr. A’s authorized drivers but the same were never returned. Further, there were funds under City Engr. A’s custody amounting to P 10 million which were found to be missing and could not be accounted for. In another project, he was instrumentalin awarding a contract for the construction of a city school building costing P 10 million to a close relative, although the lowest bid was P 8 million. Investigation also revealed that City Engr. A has a net worth of more than P 50 million, which was way beyond his legitimate income. (8%)
(a)(A) If you are the Ombudsman, what charge or charges will you file against City Engr. A?
(b)(B) Suppose the discovered net worth of City Engr. Ais less than P 50 million, will your answer still be the same?

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