Semn Christian F.

Joyel 02/04/2024
23-00042

MEMORANDUM
To: Dr. John dela Guardia
DOH Undersecretary
From: Atty. Robert Lopez
Partner in Charge for Criminal Cases
Re: A file complaint for conflict of interest and violation of the Anti-Graft and Corrupt Practices Act.
Date: 02/04/2024

This refers to the case for the alleged violation of RA 3019 or the Anti-Graft and Corrupt Practices Act due to
conflict of interest.

ISSUES
1. Whether or not there is a conflict of interest in public bidding of providing security services to the
PPA.
2. Whether or not Doctor John dela Guardia is liable for Republic Act 3019 or Anti-Graft and Corrupt
Practices Act.
3. Whether or not the to Dr. dela Guardia violates as a USEC of DOH violates the Article 7, Section
13 of the 1987 Constitution.

BRIEF ANSWERS
1. WON/ No, there is no conflict of interest since Dr. dela Guardia’s agency is not related to its work
as USEC of DOH.
2. WON/ Is not liable of RA 3019 or Anti-graft and Corrupt Practice Act.
3. WON/ Dr. dela Guardia does not violate the the Article 7, Section 13 of the 1987 Constitution, since he is
just providing security guards to PPA.

STATEMENT OF FACTS APPLICABLE STATUTES

ANALYSIS
1. There is no conflict of interest since Dr. dela Guardia’s agency is not related to its work as USEC
of DOH.
2.

3. Stated in Section 13, Article VII of the 1987 Constitution expressly prohibits the President, Vice-
President, the Members of the Cabinet, and their deputies or assistants from holding any other office
or employment during their tenure unless otherwise provided in the Constitution.
CONCLUSION
Dr. dela Guardia is not liable of conflict of interest and violation of the Anti-Graft and Corrupt Practices Act.