People v. Sy-Suikao
REITERATIONFacts
1. The Antecedents: The defendant, Sy-Suikao, was accused of offering a bribe to an officer of the Bureau of Internal Revenue. The alleged bribe was P5 per barrel for spirits withdrawn from a warehouse without payment of the legally mandated taxes. The defendant allegedly made this offer to induce the officer to permit the illicit withdrawal of five barrels of spirits. 2. Procedural History: The trial court found the defendant guilty of the consummated crime of bribery (cohecho). Following the trial court's conviction, the defendant appealed the decision to the Supreme Court. 3. The Petition: The defendant appealed the trial court's judgment, arguing that the facts presented did not establish the consummated crime of bribery but rather an attempt to commit the crime. The Supreme Court, in reviewing analogous cases, agreed with the defendant's contention and modified the conviction.
Issue(s)
Whether the defendant is guilty of the consummated crime of bribery (cohecho) or merely an attempt to commit said crime.
Ruling
The judgment of conviction and sentence imposed by the lower court for consummated bribery are reversed. The Court finds the defendant guilty of an attempt to commit the crime of bribery (cohecho) as alleged in the information. The defendant is sentenced to pay a fine of P300, or in case of insolvency and failure to pay the fine, to subsidiary imprisonment as provided by law, and to pay the costs in the first instance; the costs of the appeal are to be de oficio.
Ratio Decidendi
On Issue 1: The Supreme Court held that the crime was merely an attempt because there was no actual corruption of the public official. Relying on established jurisprudence such as U. S. vs. Gloria and U. S. vs. Paua, the Court emphasized that since the Bureau of Internal Revenue (BIR) officer only 'pretended to accept' the bribe while intending to report it, the elements of a consummated offense were not satisfied. The Court observed that the officer did not in fact enter into a corrupt agreement but instead facilitated an entrapment. Furthermore, the Court noted that while the spirits were physically moved, they 'never in fact passed beyond the control of the internal-revenue officers.' Because the officer remained faithful to his duty and the state never lost control of the taxable goods, the criminal intent of the defendant was frustrated. Thus, the overt acts of the defendant constituted an attempt rather than the full execution of the crime of bribery. The judgment was modified to reflect a sentence for attempted bribery, specifically a fine of P300 with subsidiary imprisonment in case of insolvency.
Main Doctrine
Proof that a defendant offered a public officer a bribe and that the officer simulated acceptance but in fact reported the offer and procured arrest establishes criminal liability for an attempt to commit bribery rather than for a consummated bribery offense; the proper conviction and sentence must be adjusted accordingly.