Facts:

• Primitivo Marcelo, a deputy sheriff, was charged with violation of the Anti-Graft and Corrupt Practices Act.
• Marcelo allegedly unlawfully took a Ford Fiera owned by Reynaldo Sanchez in the implementation of a writ of execution.
• This action caused injury to Sanchez and gave unwarranted benefits to Osaka Merchandising Co., Inc.
• Marcelo was convicted and sentenced to imprisonment, perpetual disqualification from public office, and payment of costs.
• His co-accused, Atty. Alberto Domingo, was acquitted.

Issue:

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Ruling:

• The Supreme Court reversed the decision of the lower court and acquitted Marcelo.
• The Court found that Marcelo was not actuated by a dishonest purpose or ill will.
• Marcelo was influenced by conflicting pressures from the judgment creditor's counsel and the president of the judgment debtor, which befuddled his mind and warped his judgment.
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Ratio:

• Bad faith requires a manifest deliberate intent to do wrong or cause damage.
• Marcelo's actions were not motivated by a dishonest purpose or ill will.
• Marcelo made a mistake in excluding the Ford Fiera from the notice of levy and the list o...continue reading