REPORTER : GARY E.
SAMONTE
G.R. Nos. 169823-24 September 11, 2013
HERMINIO T. DISINI, Petitioner,
vs.
THE HON. SANDIGANBAYAN, FIRST DIVISION, AND THE PEOPLE OF THE
PHILIPPINES, Respondents.
x-----------------------x
G.R. Nos. 174764-65
HERMINIO T. DISINI, Petitioner,
vs.
SANDIGANBAYAN, FIRST DIVISION, AND THE PEOPLE OF THE
PHILIPPINES, Respondents.
FACTS:
Disini, in the period from 1974 to February 1986 in Manila, Philippines, conspiring and
confederating with then President Marcos, willfully, unlawfully and feloniously offered, promised and
gave gifts and presents to President Marcos, who, by taking undue advantage of his position as
President, committed the offense in relation to his office, and in consideration of the gifts and presents
offered, promised and given by Disini, President Marcos caused to be awarded to Burns & Roe and
Westinghouse the respective contracts to do the engineering and architectural design of and to
construct the PNPPP. The felonious act consisted of causing the contracts for the PNPPP to be awarded
to Burns & Roe and Westinghouse by reason of the gifts and promises offered by Disini to President
Marcos. Disini , being the husband of Paciencia Escolin-Disini, the first cousin of First Lady Imelda
Romualdez-Marcos, and at the same time the family physician of the Marcoses, had close personal
relations and intimacy with and free access to President Marcos, a public official
ISSUE:
Whether or not Disini is liable for corruption of public officials under Article 212 of the Revised
Penal Code and under Section 4(a) of the R.A. 3019 of the Anti Graft and Corrupt Practices Act
RULING:
YES. The elements of corruption of public officials under Article 212 of the Revised Penal Code
are:
1. That the offender makes offers or promises, or gives gifts or presents to a public officer; and
2. That the offers or promises are made or the gifts or presents are given to a public officer under
circumstances that will make the public officer liable for direct bribery or indirect bribery.
The allegations in the information for corruption of public officials, if hypothetically admitted, would
establish the essential elements of the crime. The information stated that: (1) Disini made an offer and
promise, and gave gifts to President Marcos, a public officer; and (2) in consideration of the offers,
promises and gifts, President Marcos, in causing the award of the contracts to Burns & Roe and
Westinghouse by taking advantage of his position and in committing said act in relation to his office, was
placed under circumstances that would make him liable for direct bribery.39
The second element of corruption of public officers simply required the public officer to be placed under
circumstances, not absolute certainty, that would make him liable for direct or indirect bribery. Thus,
even without alleging that President Marcos received or accepted Disini’s offers, promises and gifts – an
essential element in direct bribery – the allegation that President Marcos caused the award of the
contracts to Burns & Roe and Westinghouse sufficed to place him under circumstances of being liable
for direct bribery.
The sufficiency of the allegations in the information charging the violation of Section 4(a) of R.A. No.
3019 is similarly upheld. The elements of the offense under Section 4(a) of R.A. No. 3019 are:
1. That the offender has family or close personal relation with a public official;
2. That he capitalizes or exploits or takes advantage of such family or close personal relation by directly
or indirectly requesting or receiving any present, gift, material or pecuniary advantage from any person
having some business, transaction, application, request or contract with the government;
3. That the public official with whom the offender has family or close personal relation has to intervene
in the business transaction, application, request, or contract with the government.
The allegations in the information charging the violation of Section 4(a) of R.A. No. 3019, if
hypothetically admitted, would establish the elements of the offense, considering that: (1) Disini, being
the husband of Paciencia Escolin-Disini, the first cousin of First Lady Imelda Romualdez-Marcos, and at
the same time the family physician of the Marcoses, had close personal relations and intimacy with and
free access to President Marcos, a public official; (2) Disini, taking advantage of such family and close
personal relations, requested and received $1,000,000.00 from Burns & Roe and $17,000,000.00 from
Westinghouse, the entities then having business, transaction, and application with the Government in
connection with the PNPPP; (3) President Marcos, the public officer with whom Disini had family or close
personal relations, intervened to secure and obtain for Burns & Roe the engineering and architectural
contract, and for Westinghouse the construction of the PNPPP.
