G.R. No. 339 : July 18, 1902
THE UNITED STATES, complainant-appellee, vs. DAMASO JADER, defendant-appellant.

FACTS:
The defendant, Damaso Jader, was the cabeza de barangay and teniente of the barrio of Candelaria, Tayabas. He was charged with five counts of bribery for having accepted cocks, hens, bamboo, and other articles from five taxpayers under the promise of relieving them from their obligatory citizen duties. The Court of First Instance convicted him of bribery and sentenced him accordingly. On appeal, the Attorney-General argued that the facts constituted the crime of estafa (swindling) and not bribery, and sought a modification of the penalty.

ISSUE:
Whether the acts committed by the accused constitute the crime of bribery or the crime of estafa.

RULING:
The Supreme Court ruled that the acts constituted five separate offenses of estafa, not bribery. The Court found that the articles were not offered voluntarily by the taxpayers to corrupt the defendant in the performance of his duty. Instead, the defendant, abusing his public office, demanded these articles from the taxpayers to exempt them from their civic obligations, thereby defrauding them. Applying the Penal Code provisions on estafa committed by a public official through abuse of office (Article 534, in relation to Articles 535 and 399), and considering the mitigating circumstance of Article 11 (lack of instruction), the Court reversed the lower court’s judgment. The defendant was sentenced for each offense to two months of arresto mayor, with the total imprisonment not to exceed six months (three times the individual penalty). He was also sentenced to the corresponding accessory penalties, ten years and one day of special temporary disqualification, indemnification to the complainants, and payment of costs.