People v. Dy Jueco
REITERATIONFacts
The Antecedents: The accused, Nicolas Dy Jueco, was charged in two separate informations. The first information (R.G. No. 13013) was for the illegal possession of opium, and the second (R.G. No. 13014) was for bribery. On December 4, 1914, Constabulary soldiers encountered the accused and, suspecting him of carrying prohibited items due to his pallor, decided to examine him. They found a can wrapped in paper and rag in his trouser pocket, which the accused admitted contained opium. He then offered the soldiers P50 to avoid arrest and prosecution. The soldiers confiscated the opium and the bribe money. Procedural History: The Court of First Instance of Ambos Camarines convicted the accused in both cases. For illegal possession of opium, he was sentenced to four months imprisonment, a fine of P400 or subsidiary imprisonment, and costs. For attempted bribery, he was sentenced to a fine of P100 or subsidiary imprisonment, and costs. The opium and the P50 bribe money were declared confiscated in favor of the Government. The Petition: The defendant appealed his convictions.
Issue(s)
Whether the defendant was guilty of illegal possession of opium. Whether the defendant was guilty of attempted bribery.
Ruling
The Supreme Court affirmed the decisions of the lower court in both cases. The sentence for illegal possession of opium was affirmed, as was the sentence for attempted bribery. The confiscation of the opium and the P50 bribe money were also affirmed. Costs were taxed against the appellant.
Ratio Decidendi
On the issue of illegal possession of opium: The proof established beyond a reasonable doubt that the accused knew the package he possessed contained opium and that he voluntarily handed it to the soldiers at the moment of his arrest. The findings of the trial court were supported by the testimony of the two Constabulary soldiers, a disinterested witness, and the extrajudicial confession of the accused. The court also considered the well-known doctrines concerning animus possidendi, reinforcing the conclusion that the defendant was properly found guilty of illegal possession of opium. On the issue of attempted bribery: The defendant's act of offering P50 to the Constabulary soldiers to prevent his arrest and prosecution for the possession of opium constituted attempted bribery. The court classified this offense under Article 387 in relation to Article 383 of the Penal Code, agreeing with the trial court's finding. The Attorney-General suggested a higher offense under Article 387 in connection with Article 381, but the Court found the trial court's classification to be correct. The voluntary tender of money to induce public officers to neglect their duty is a criminal act, even if the bribe is not accepted or the intended outcome is not achieved.
Main Doctrine
The illegal possession of opium and the attempted bribery of Constabulary officers to avoid arrest and prosecution are distinct offenses, each punishable under the respective laws. The voluntary offer of a bribe to prevent arrest, even if unsuccessful, constitutes attempted bribery.