People v. Gloria
REITERATIONFacts
The Antecedents: Julio Gloria, an unsuccessful candidate for town president, filed a protest with the provincial board against the confirmation of the election of the successful candidate. While the protest was pending, Gloria approached the provincial treasurer, a member of the board, and offered him 200 pesos if he would lend his aid and support to the protest. Procedural History: The accused, Julio Gloria, was charged in the Court of First Instance of Pangasinan with an attempt to commit bribery. The facts were admitted at the trial. The Appeal: The appellant, Julio Gloria, argued that his offer was a mere proposal to commit a crime, and under Article 4 of the Penal Code, such proposals are only punishable when specifically authorized by the code, which he contended was not the case for bribery. The sole question raised was whether the offer constituted an offense under the Penal Code.
Issue(s)
Whether the offer of money to a public official to influence a pending protest constitutes an attempt to commit bribery under the Penal Code.
Ruling
The Supreme Court affirmed the decision of the Court of First Instance, holding that the offer made by Julio Gloria constituted an attempt to commit the crime of bribery. The Court ordered that the sentence appealed from be confirmed.
Ratio Decidendi
On Issue 1: The Supreme Court held that the offer made by Julio Gloria to the provincial treasurer was not a mere proposal but an 'attempt' to commit the crime of bribery, as defined in Article 3 of the Penal Code. The Court reasoned that an attempt occurs when the guilty person commences the commission of a crime through direct, overt acts and does not perform all the acts of execution by reason of some cause other than his own voluntary desistance. The act of offering money for the purpose of bribery is considered a direct, overt act in the commission of such a crime. The refusal of the offer by the official whom it was proposed to bribe was the sole cause that prevented the consummation of the crime. Therefore, the offer was punishable as an attempt under the law.
Main Doctrine
The Supreme Court held that an offer of money to a provincial treasurer, who was a member of the provincial board, in exchange for his aid and support in a protest filed by the accused, constituted an 'attempt' to commit the crime of bribery. The Court clarified that under Article 3 of the Penal Code, an attempt occurs when the guilty person commences the commission of a crime through direct, overt acts and does not perform all the acts of execution by reason of some cause other than voluntary desistance. The offer of money was deemed a direct, overt act, and the refusal by the official prevented the consummation of the crime.