G.R. No. L-3582. November 29, 1950
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF AND APPELLANT, VS. EMILIO SANTOS Y BAUTISTA, DEFENDANT AND APPELLEE.
TUASON, J.:
Manila dismissing Criminal Case no. 11072 of that court with costs de
oficio, on the ground that the offense alleged in the information was
without the jurisdiction of the said court.
The accused was charged with attempted bribery in that, it was
alleged, he “offered and delivered” to a member of the police force of
the City of Manila, “one (1) peso bill, to the end” that the said
patrolman “would abstain from complying with his duties as such police
officer, that is, to arrest the said accused and to file charge against
him” for obstruction of a public street.
A case raising identical question was presented and decided by this Court in Yu Chin Hua vs.
Hon. Judge Rafael Dinglasan, 86 Phil., 617. In that case, this Court
ruled that the imposable penalty for the attempted crime of bribery is
destierro in its minimum and medium periods, the penalty provided for
the consummated crime being arresto mayor in its medium and maximum
periods.
It was further held that offenses penalized by destierro fall under
the jurisdiction of justice of the peace and municipal courts.
Wherefore, the appealed order is affirmed without special finding as to costs.
Feria, Pablo, Bengzon, Padilla, Montemayor, Jugo, and Bautista, JJ., concur.