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    Trieste Vs Sandiganbayan

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    KM Mac
    Generoso Trieste was sued for violating conflict of interest laws as the mayor by having his company, Trigen Agro-Industrial Development Corporation, receive contracts from the municipality. Trieste claimed he divested his interest in the company by selling his shares to his sister. The original Solicitor General doubted this sale since it was not registered, but the new Solicitor General recommended dismissing the case, finding the sale valid even without registration. The Supreme Court upheld the Solicitor General's recommendation, stating a prosecutor should recommend acquittal if evidence shows innocence.

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    Trieste Vs Sandiganbayan

    Uploaded by

    KM Mac
    175 views1 page
    Generoso Trieste was sued for violating conflict of interest laws as the mayor by having his company, Trigen Agro-Industrial Development Corporation, receive contracts from the municipality. Trieste claimed he divested his interest in the company by selling his shares to his sister. The original Solicitor General doubted this sale since it was not registered, but the new Solicitor General recommended dismissing the case, finding the sale valid even without registration. The Supreme Court upheld the Solicitor General's recommendation, stating a prosecutor should recommend acquittal if evidence shows innocence.

    Original Description:

    PALE case digest 2017-2018

    Original Title

    Trieste vs Sandiganbayan

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    Generoso Trieste was sued for violating conflict of interest laws as the mayor by having his company, Trigen Agro-Industrial Development Corporation, receive contracts from the municipality. Trieste claimed he divested his interest in the company by selling his shares to his sister. The original Solicitor General doubted this sale since it was not registered, but the new Solicitor General recommended dismissing the case, finding the sale valid even without registration. The Supreme Court upheld the Solicitor General's recommendation, stating a prosecutor should recommend acquittal if evidence shows innocence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    175 views1 page

    Trieste Vs Sandiganbayan

    Uploaded by

    KM Mac
    Generoso Trieste was sued for violating conflict of interest laws as the mayor by having his company, Trigen Agro-Industrial Development Corporation, receive contracts from the municipality. Trieste claimed he divested his interest in the company by selling his shares to his sister. The original Solicitor General doubted this sale since it was not registered, but the new Solicitor General recommended dismissing the case, finding the sale valid even without registration. The Supreme Court upheld the Solicitor General's recommendation, stating a prosecutor should recommend acquittal if evidence shows innocence.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Generoso Trieste, Sr. vs.

    Sandiganbayan
    G.R. # 70332-43, November 13, 1986

    FACTS: Trieste was the mayor of Numancia, Aklan. In 1980, during his term, the Municipality of
    Numancia purchased construction materials from Trigen Agro-Industrial Development Corporation.
    Trieste was allegedly the president of said corporation. Trieste was then sued for allegedly violating
    the Anti-Graft and Corrupt Practices Act particularly for willfully and unlawfully having financial or
    pecuniary interest in a business, contract or transaction in connection with which said accused
    intervened or took part in his official capacity and in which he is prohibited by law from having any
    interest.

    Trieste, in defense, said that he already divested his interest from the corporation when he
    took his office as mayor; that he sold his shares to his sister; he presented evidence to that effect.
    The Solicitor General doubted said sale because it was not registered in the Securities and Exchange
    Commission. Moreover, the advertisement of Trigen in the local rotary club shows that Trieste is the
    president of the corporation.

    As time passed, the old Solicitor General was replaced by a new one. The new Sol-Gen gave
    credit to the arguments presented by Trieste as it recommended the dismissal of the case on the
    ground that Trieste did divest his interest from the corporation by virtue of his selling his shares to
    his sister; that said sale cannot be doubted simply because it was not reported to the SEC; that sales
    of stocks are not required to be reported in the SEC.

    ISSUE: Whether or not the recommendation of the Solicitor General is proper and legally sound.

    HELD: YES. The Solicitor General is well within his rights to make such recommendation. A public
    prosecutor should not hesitate to recommend to the court the accused’s acquittal if the evidence in his
    possession shows that the accused is innocent. If on appeal by the accused from a conviction by the
    trial court he finds no legal basis to sustain the conviction, he should not also hesitate to recommend
    that the accused be acquitted.

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