G.R. No. 1740 : March 27, 1905
THE UNITED STATES, plaintiff-appellee, vs. JULIO GLORIA, defendant-appellant.

FACTS:
Julio Gloria was an unsuccessful candidate for president of Bayambang, Pangasinan, in the municipal elections of December 1, 1903. He filed a protest with the provincial board against the confirmation of the winning candidate’s election. While the protest was pending, Gloria approached the provincial treasurera member of the boardand offered him 200 pesos in exchange for his “aid and support” in the protest. The facts were undisputed and admitted at trial.

ISSUE:
Whether Gloria’s offer of money to a public official constitutes a punishable offense under the Penal Code, specifically an “attempt” to commit bribery, or merely a non-punishable proposal.

RULING:
The Supreme Court ruled that Gloria’s act constituted an attempt to commit bribery under Article 3 of the Penal Code, not a mere unpunished proposal under Article 4. An attempt exists when the offender begins the commission of a crime through direct, overt acts but does not complete all acts of execution due to a cause other than voluntary desistance. Here, Gloria’s offer of money was an overt act in furtherance of bribery; only the official’s refusal prevented its consummation. The Court affirmed the conviction and the sentence imposed by the lower court.