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All Jurisprudence based

0 tracked cards Commercial and Taxation Laws

A public officer, Officer A, in the City Building Permits Office, accepts ₱750,000 from Developer B to expedite the issuance of a site development permit and a building permit for a high-rise project. The permits are issued within 8 hours, bypassing mandatory Fire Safety Evaluation and environmental compliance procedures. (a) Identify the controlling doctrine and the essential elements of 'Unlawful Acts' under RA 11659, Sec. 9. (b) Apply the doctrine to determine whether Officer A's conduct constitutes an unlawful act under Sec. 9 and state the likely liability and remedies. (c) Discuss whether Developer B can be held liable under Sec. 9 or under any other applicable law for offering or giving the bribe.

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Regardless of the bribe, the act of issuing a permit is a ministerial duty and cannot be criminalized under Sec. 9; therefore there is no liability. Officer A’s conduct constitutes an unlawful act under RA 11659, Sec. 9; both Officer A and Developer B are liable; they face criminal liability, civil liability, and administrative sanctions. Sec. 9 requires the public officer to demand a bribe, and because this case involves acceptance of a bribe, it must be proven as a 'demand'—the scenario therefore falls outside Sec. 9. The bribery is only a civil matter; neither criminal liability nor administrative sanctions attach to either party under Sec. 9.

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