GR L 3106; (November, 1906) (Digest)
G.R. No. L‑3106
November 22, 1906
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FACTS
– Between 19‑21 Oct 1905, Jose Paua visited the residence of Frank C. Lane, inspector of hulls and boilers of the Manila Custom House, offering P₱200 as a “gift” (with a promise to deliver an additional P₱300 the next day) to induce Lane to issue a false certificate of seaworthiness for the steamer Iruña, which was materially unfit.
– Lane, alerted police, seized the P₱200 as it was being handed over; the offer was not accepted.
– Paua was charged with attempted bribery under Art. 387 in conjunction with Art. 383 of the Penal Code (the alleged violation of Sec. 315, Act No. 355, was deemed immaterial).
– The trial court sentenced Paua to 1 yr 2 mo imprisonment, a fine of P₱300, forfeiture of the P₱200, and costs.
– Paua appealed.
ISSUE
Whether the conviction for attempted bribery and the imposed penalties are legally proper under the Penal Code, considering that the bribe was not accepted and the crime was not consummated.
RULING
– The Supreme Court affirmed that attempted bribery was committed: the act of offering and delivering the bribe, coupled with the intent to corrupt the official, satisfies Art. 387. The non‑acceptance by Lane does not extinguish the attempt.
– No aggravating or extenuating circumstances were found; thus Art. 66 applies: a correctional fine is appropriate.
– Applying Art. 94(2), the fine is set at three times the value of the offered gift, reduced by one‑fourth for each of the two penalty degrees, resulting in a P₱300 fine (two degrees lower than that for consummated bribery).
– The Court reversed the lower court’s judgment and imposed:
– Fine: 6,000 pesetas (with subsidiary imprisonment not exceeding one month if insolvent);
– Additional fine: P₱300 (triple the offered gift), with subsidiary imprisonment not exceeding one month if unpaid;
– Confiscation: the P₱200 gift under Art. 389;
– Costs: of both instances;
– Remand to the trial court for execution after ten days from final judgment.
Concurrence: Chief Justice Arellano and Justices Mapa, Carson, Willard, and Tracey.