People v. Camacan
REITERATIONFacts
The Antecedents: Jacinto Camacan, a councilman of Enrile in the Province of Cagayan and owner of a carabao corral, was accused of bribery. Complaint was made that he possessed stolen carabaos. Constabulary soldiers were dispatched to secure the corral pending an investigation. During the night, Camacan approached one of the soldiers, offering 40 pesos to allow him to remove four carabaos, paying 10 pesos in cash and providing a 30-peso promissory note. Procedural History: The defendant was charged with bribery under Articles 383 and 387 of the Penal Code. The Court of First Instance of Cagayan found him guilty, sentencing him to four months and twenty days of imprisonment, a fine of 300 pesos (three times the bribe amount), subsidiary imprisonment, and costs. The defendant appealed this judgment to the Supreme Court. The Petition: The appellant argued that the facts presented constituted attempted bribery, not consummated bribery. The Supreme Court agreed, finding that while the intent to corrupt was present, the crime was not completed. The Court modified the sentence, reversing the lower court's judgment of imprisonment and imposing a fine of 560 pesos, with subsidiary imprisonment in case of insolvency, based on the penalties for attempted crimes under the Penal Code.
Issue(s)
Whether the facts presented constitute consummated bribery or attempted bribery. If attempted bribery, what is the proper penalty to be imposed, considering the provisions for attempted crimes and the value of the bribe offered.
Ruling
The Supreme Court reversed the judgment of the lower court. It ruled that the facts constituted attempted bribery, not consummated bribery. The defendant was sentenced to pay a fine of 560 pesos, with subsidiary imprisonment in case of insolvency, and to pay the costs. The original sentence of imprisonment was set aside.
Ratio Decidendi
On the issue of whether the facts constitute consummated bribery or attempted bribery: The Court held that the facts presented established attempted bribery. The crime of bribery, under Article 387 of the Penal Code, involves corrupting a public official with gifts, presents, offers, or promises. However, for the crime to be consummated, the bribe must be accepted or the corrupting act must be completed to the point where the public official yields to the corrupting influence. In this case, the soldier, Dalapa, did not permit Camacan to remove the carabaos, nor did he accept the bribe in a manner that would constitute consummated bribery. Therefore, the act of offering the bribe and making the payment, without the corrupting purpose being achieved, amounted only to an attempt to commit the crime of bribery. The Court emphasized that the intent to corrupt was present, and overt acts were performed, but the crime was not fully realized. On the issue of the proper penalty for attempted bribery: The Court applied Article 66 of the Penal Code, which provides that principals in an attempted crime shall be punished with a penalty lower by two degrees than that prescribed for the consummated crime. The penalty for consummated bribery under Article 387, for the official receiving the bribe, includes imprisonment (arresto mayor in its medium to maximum degree) and a fine equal to three times the value of the bribe. Reducing this penalty by two degrees, the Court determined that only a fine should be imposed for attempted bribery. Furthermore, Article 383 imposes a fine equal to three times the value of the bribe for the public official. The bribe offered was 40 pesos, making three times that amount 120 pesos. Applying the reduction for attempted crimes under Article 94 of the Penal Code to this fine, the Court reduced it to 60 pesos. However, the Court also considered the total fine imposed by the lower court (P30, which was three times the P10 actually paid) and the total bribe offered (P40). In its final pronouncement, the Court sentenced the defendant to pay a fine of 560 pesos, which appears to be a combination of the base fine and potentially other considerations or a miscalculation in the final dispositive portion as presented in the text, but the principle of reducing the penalty by two degrees and applying fines based on the bribe offered was upheld.
Main Doctrine
The crime of bribery is committed when a public official is corrupted by gifts, presents, offers, or promises. However, if the act is merely an attempt, meaning the bribe was offered but not accepted, the offender is punished for attempted bribery. The penalty for attempted crimes is reduced by two degrees from that prescribed for the consummated crime, and fines are calculated based on the value of the bribe offered, with further reductions for attempt.