GR L 13013; (December, 1917) (Digest)
G.R. No. L-13013 & L-13014, December 11, 1917
THE UNITED STATES, plaintiff-appellee, vs. NICOLAS DY JUECO, defendant-appellant.
FACTS:
On December 4, 1914, two Constabulary soldiers stopped the accused, Nicolas Dy Jueco, on the road to ask for matches. Noticing that the accused turned pale, the soldiers became suspicious and searched him. They found a tin can wrapped in paper and rag in his trouser pocket, which contained approximately 150 grams of opium. Upon discovery, the accused admitted it was opium and immediately offered the soldiers ₱50 so they would not arrest or prosecute him. The soldiers confiscated both the opium and the money. Consequently, two separate informations were filed against the accused: one for illegal possession of opium and another for bribery.
ISSUE:
1. Whether the accused is guilty beyond reasonable doubt of illegal possession of opium.
2. Whether the accused is guilty of bribery or attempted bribery.
RULING:
The Supreme Court affirmed the convictions.
1. On illegal possession of opium: The Court upheld the trial court’s finding of guilt. The evidenceincluding testimonies of the soldiers and a disinterested witness, the extrajudicial confession of the accused, and the opium itselfproved beyond reasonable doubt that the accused knowingly and voluntarily possessed the opium, satisfying the requirement of animus possidendi.
2. On bribery: The Court agreed with the trial court that the accused committed attempted bribery, penalized under Article 387 in relation to Article 383 of the Penal Code, rather than consummated bribery. The offer of ₱50 to the soldiers to avoid arrest constituted an attempt to bribe public officers.
The sentences imposed by the trial court were affirmed:
– In G.R. No. L-13013 (illegal possession of opium): four months imprisonment, a ₱400 fine (with subsidiary imprisonment in case of insolvency), and costs.
– In G.R. No. L-13014 (attempted bribery): a ₱100 fine (with subsidiary imprisonment in case of insolvency), and costs.
The confiscation of the opium and the ₱50 bribe money in favor of the government was also affirmed.
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