G.R. No. 1967. March 29, 1905

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4 Phil. 363

[ G.R. No. 1967. March 29, 1905 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. FRANCISCO ALBAN, DEFENDANT AND APPELLANT.

D E C I S I O N



MAPA, J.:

It has been sufficiently proven in the trial of the case that the
defendant, being a justice of the peace for the town of Tubao, Province
of Union, demanded and received from Domingo Silva the sum of 15 pesos,
Mexican, on condition that he would dismiss and decide favorably to the
said Silva the civil case which the latter had pending before said
justice of the peace against one Gregorio Ventura over a piece of land.
The suit, however, had not been decided up to the time the complaint
was filed.

The court below acted in accordance with the law when it found the
defendant guilty of the crime of bribery provided for and punished in
article 382 of the Penal Code and sentenced him to one year and one day
of imprisonment. Besides this penalty there should be imposed upon the
defendant a fine of twice the amount accepted by him, according to the
provisions of the aforesaid article.

We therefore affirm the judgment below, it being understood that the
imprisonment to which the defendant has been sentenced shall be presidio correccional, and furthermore the defendant is sentenced to pay a fine of P30, with the costs in this instance. So ordered.

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






Date created: April 24, 2014




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