G.R. No. L-9102; November 5, 1913
THE UNITED STATES, plaintiff-appellee, vs. RUFINO SANCHEZ, defendant-appellant.

FACTS:
The appellant, Rufino Sanchez, a member of the police force of Cebu, conspired with another policeman, Victoriano Normandia, and a Chinaman, Tan Cung Chang. Tan sold a substance falsely represented as opium to another Chinaman, Lua Yap, for P150. Immediately after the sale, Tan informed his confederates, Sanchez and Normandia, who then proceeded to arrest Lua Yap at the railroad station. The policemen threatened to prosecute Lua for violating the Opium Law and imprison him unless he paid them P500. Out of fear, Lua agreed to pay P150 to secure his release. The policemen accepted the money, confiscated the alleged opium, and released him. Lua later discovered the substance was molasses, not opium, and filed a complaint. Normandia’s case was dismissed, and he testified for the prosecution. The trial court convicted Sanchez of robbery and sentenced him to six years and one day of presidio mayor, plus indemnity and costs.

ISSUE:
Whether the acts committed by the appellant constitute the crime of robbery or bribery under the Penal Code.

RULING:
The Supreme Court affirmed the conviction for robbery, not bribery. The Court held that the elements of bribery under Article 381 of the Penal Code were not present, as the money was not given to the policemen for the purpose of executing a crime related to their official duties. Instead, the appellant’s actions constituted robbery under Article 503, paragraph 5, in relation to Article 502 of the Penal Code. The policemen used force and intimidation by falsely arresting Lua Yap and threatening him with prosecution to extort money. The fact that Lua was mistaken about the substance being opium did not negate the crime; the appellant’s guilt depended on his intentional use of intimidation to obtain money. The Court applied the aggravating circumstance of the accused being a public officer (Article 10, No. 11, Penal Code) and modified the penalty to six years, ten months, and one day of presidio mayor, with indemnity, accessory penalties, and costs.