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ISSUE/S
1. Whether or not Mayor Brown is accused of an offense committed in relation to his office.-YES
RATIO
On the issue:
- The court stated that a public officer commits an offense in relation to his office if he perpetrates the offense while
performing his official functions and that he could not have committed the offense without holding his public office.
Furthermore although public office is not an element of the offense charged, as long as the offense charged in the
information is intimately connected with the office of the offender and perpetrated while he was in the performance,
though improper or irregular, of his official functions, the accused is held to have been indicted for an offense
committed in relation to his office.
RULING
Wherefore, the rulings complained of are set aside and reversed and respondent Judge is hereby enjoined to admit
the aforementioned direct and rebuttal evidence for the prosecution, as well as to permit the formulation, of the
questions already referred to, with costs against the respondents herein. It is so ordered.