G.R. No. 1740. March 27, 1905

Julio Gloria, the defendant in this case, was charged in the Court of
First Instance of Pangasinan with an “attempt” to commit the crime of
bribery.

It appears that the said Gloria was an unsuccessful candidate for
election as president of the town of Bayambang, at the municipal
elections held on the 1st of December, 1903; that on account of alleged
irregularities he filed a protest with the provincial board of said
province against the confirmation of the election of the successful
candidate; that after the filing of said protest and while the same was
being considered by the provincial board, the said Julio Gloria
approached the treasurer of said province, a member of said board, and
offered and promised to give him the sum of 200 pesos if he would “lend
his aid and support to the said protest.”

There was no dispute as to the facts, which were admitted at the
trial, and the only question raised by the appellant is whether the
said offer is or is not an offense defined and penalized in the Penal
Code. It is urged that the said offer was a mere proposal to commit a
crime, and that under the provisions of article 4 such proposals can
only be punished in cases where specific authority therefor is to be
found in the Penal Code, and that there is nothing in said code which
penalizes a proposal to commit the crime of bribery.

We think, however, that in the case in question the proposal was in
fact an “attempt” as defined in article 3 of said code, wherein it is
said that “there is an attempt when the guilty person makes a beginning
in the commission of a crime by direct, overt acts and does not perform
all of the acts of execution which constitute the crime, by reason of
some cause or action other than his own voluntary assistance;” the
accused, having made an offer of money for the purpose of bribery, can
not be said to have made a mere proposition, as the offer of money is
an overt act in a crime of this nature, and its refusal on the part of
the official whom it was proposed to bribe alone prevented the
consummation of the crime.

The sentence appealed from should be confirmed. So ordered.

Arellano, C. J., Torres, Mapa, and Johnson, JJ., concur.