Formilleza Crim
Formilleza Crim
Formilleza Crim
An exception to the general rule that only questions of law may be raised in a petition of this character calls for application in this case. There are substantial facts and circumstances which appear to be favorable to the accused but which were not carefully considered by the Sandiganbayan. The failure to do so is most unfortunate considering that the Sandiganbayan is the first and last recourse of the accused before her case reaches the Supreme Court where findings of fact are generally conclusive and binding. The essential ingredient of indirect bribery as defined in Article 211 of the Revised Penal Code is that the public officer
concerned must have accepted the gift of material consideration. There must be a clear intention on the part of the public officer to take the gift so offered and consider the same as his own property from then on, such as putting away the gift for safekeeping or pocketing the same. Mere physical receipt unaccompanied by any other sign, circumstances or act to show such acceptance is not sufficient to lead the court to conclude that the crime of indirect bribery has been committed. To hold otherwise will encourage unscrupulous individuals to frame up public officers by simply putting within their physical custody some gift, money or other property. If the petitioner knew and was prepared to accept the money from Mrs. Mutia at the canteen, the petitioner would not have invited her officemates Mrs. Sevilla and Mrs. Dimaano to join them. According to Mrs. Sevilla she did not see the alleged passing of the money under the table. What she was sure was that when they were about to leave the canteen, two men approached petitioner, one of whom took pictures and the petitioner shouted at Mrs. Mutia, What are you trying to do to me? The reaction of petitioner is far from one with a guilty conscience. Without the standard of certainty, it may not be said that the guilt of the accused in a criminal proceeding has been proved beyond reasonable doubt.
ihjabines crimcase_010612