Officials conspiring with contractors

Or they are themselves the contractors through their dummies and subalterns. "Mahiya naman kayo". That came from the president himself in his latest SONA and zeroing on many alleged anomalous flood control and other public works projects. There can be no rigged bidding, billions of kickbacks, overpricing, ghost projects, and substandard construction without public officials conniving with dirty contractors and devilish suppliers.

- Atty. Josephus B. Jimenez

In the case of Isabelo Braza v. Honorable Sandiganbayan GR no 195032, decided by the Supreme Court on February 20, 2013, the SC held that one criminal act may give rise to two or more separate offenses. It specified that no double jeopardy attaches as long as there is variance in the elements of the two offenses. The accused here complained he was being accused of two separate offenses for the same criminal act.

The SC, however, interjected that the dictum that there can be no double jeopardy when the subsequent accusation involves another and different offense, although arising from the same acts. This case involved the controversial public works in preparation for the 12th ASEAN Leaders’ Summit in 2006 in Mandaue City and Cebu City.