GR 1987; (March, 1905) (Digest)
March 6, 2026GR 2012; (March, 1905) (Digest)
March 6, 2026G.R. No. 1967 : March 29, 1905
THE UNITED STATES, plaintiff-appellee, vs. FRANCISCO ALBAN, defendant-appellant.
FACTS:
The defendant, Francisco Alban, was the justice of the peace for the town of Tubao, Province of Union. It was sufficiently proven at trial that he demanded and received from Domingo Silva the sum of 15 pesos (Mexican currency) on the condition that he would dismiss and decide favorably to Silva a civil case pending before his court. The case involved a dispute between Domingo Silva and one Gregorio Ventura over a piece of land. At the time the complaint was filed, the said suit had not yet been decided.
ISSUE:
Whether the defendant is guilty of the crime of bribery as defined and punished under Article 382 of the Penal Code.
RULING:
Yes. The Supreme Court affirmed the judgment of the lower court finding the defendant guilty of bribery under Article 382 of the Penal Code. The Court held that the lower court correctly sentenced him to one year and one day of presidio correccional. Furthermore, in accordance with the provisions of the same article, the defendant is also sentenced to pay a fine of twice the amount he accepted, which amounts to 30 pesos. The decision was affirmed with costs against the defendant.
