2014 (Criminal Law) Bar Exam Questions: Question 3

[Answer / discuss the question below. Or see 2014 bar exam Criminal Law Instructions; 2014 Commercial Law essay and multiple choice Questions: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26; See also 2014 Bar Exam: Information, Discussions, Tips, Questions and Results]

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 P100 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 P10 million each from three (3) contending bidders, who eventually lost in the bidding.

Audit report likewise showed that service vehicles valued at P2 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 P10 million which were found to be missing and could not be accounted for. In another project, he was instrumental in awarding a contract for the construction of a city school building costing P10 million to a close relative, although the lowest bid was P8 million. Investigation also revealed that City Engr. A has a net worth of more than P50 million, which was way beyond his legitimate income. (8%)

(A) If you are the Ombudsman, what charge or charges will you file against City Engr. A?

(B) Suppose the discovered net worth of City Engr. A is less than P50 million, will your answer still be the same?

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