Valenton, Francis Angelo T.

Criminal Law 2

1S

Chang vs. People (G.R. No. 165111)

Facts: The petitioners are: Roberto E. Chang and Pacifico D. San Mateo. The respondent is the
People of the Philippines. In the case at bar, the herein petitioner Chang was the Municipal
Treasurer of Makati who was tasked to examine or investigate tax returns of private corporations
or companies operating within Makati and to determine the sufficiency or insufficiency of
Income Tax asses. The herein petitioner San Mateo was the Chief of Operation, Business
Revenue Examination, Audit Division, Makati Treasurers Office. The herein petitioners along
with a certain Edgar Feraren, charged before the Sandigangbayan for having demanded and
received P125,000 from Group Developers, Inc. through its employee Mario Magat in
consideration of a Certificate of Examination that it had no tax liability to the Municipality of
Makati. Because the GD was able to alert the National Bureau of Investigation, the petitioners
were caught in the entrapment operation. The Sandigangbayan found them guilty of violation of
Section 3(b) of the RA 3019.

Issue: Is the Sandigangbayan correct in finding the herein petitioners guilty.

Held: The Supreme Court said that in order to hold the petitioners liable for violating the
Section 3(b) of RA 3019, the following elements must concur: “(1) the offender is a public
officer (2) who requested or received a gift, a present, a share, a percentage, or a benefit (3) on
behalf of the offender or any other person (4) in connection with a contract or transaction with
the government (5) in which the public officer, in an official capacity under the law, has the right
to intervene.” It is without a doubt that all elements are present in the herein case. Hence, the
Sandigangbayan is correct in holding them liable.