Cruz v. People


Cruz v. People

G.R. No. 197142

October 9, 2019


                In Bocaue Bulacan, accused Serafin dela Cruz, then Mayor; Gil Cruz, then Acting Administrator; Dennis Carpio then Secretary of the Sangguniang Bayan and Private Secretary to the mayor; and Isidoro Mauricio, them Municipal Assessor, all public officials of the Bocaue, while in the performance of their official functions, and as such taking advantage of the same, obstruct and stop the execution of the Court’s valid writs of execution and demolition of the structure illegally constructed on the lot owned by the wife of the complainant, thereby causing undue injury to the complainant and giving unwarranted benefits to certain Alex Halili.


                Whether or not the SB erred in its decision.


                Yes. In the assailed Decision, the SB held that petitioners Cruz and Carpio are guilty of violating Sec. 3 (e) of RA 3019 by reason of conspiracy. However, in finding Cruz and Carpio liable through conspiracy, the SB simply ruled that it “lends credence to the claim of the Prosecution that there had been conspiracy among accused in giving Alexander Halili unwarranted benefits by interfering and obstructing in the enforcement of a legal process enjoined by interfering and obstructing in the enforcement of a legal process enjoined by the court accused exhibited evident bad faith.

                These pronouncements are insufficient to establish that petitioners acted in conspiracy to commit the crime charged. The be certain the SB failed to point to a specific act performed by each petitioner that would indicate a unity of purpose or common design to give Halili unwarranted benefits, advantage or preference in the discharge of their functions.


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