G.R. No. L-2676

FACTS:
The defendant-appellant, Eustaquio Horca, was the municipal president of Jaro, Leyte. He ordered the arrest of Narciso Rile for an alleged crime. While Rile was detained in the municipal building, his wife brought him 130 pesos. Rile then delivered this sum to Horca. Three days after his arrest and following the payment, Rile was set at liberty. The lower court convicted Horca of robbery. The Solicitor-General, on appeal, contended the crime was threats (amenazas).

ISSUE:
Whether the acts committed by the accused constitute the crime of robbery, threats, or some other offense.

RULING:
The Supreme Court ruled that the facts constitute the crime of bribery, not robbery or threats. The Court found that a public official, who had ordered an arrest in the exercise of his police powers, set a prisoner free in consideration of money paid by said prisoner. This is a clear case of a public official being corrupted by bribery, as the payment was made to secure the prisoner’s liberty instead of being turned over for trial. The offense of bribery is not included in the crime of robbery as charged in the complaint. Accordingly, the case was dismissed with an order for the filing of a new complaint for bribery. Costs de oficio.