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TITLE VI. CRIMES AGAINST PUBLIC cards, the counters (sigayes), a tray, an P2.

07 in
MORALS money, used in the game.


G.R. No. 46170. September 20, 1939 WON Salaveria is criminally liable

Facts: Held:
The appellant challenges the constitutionality of Yes, being a member of the Judiciary. Instead of
Commonwealth Act No. 235, amendatory to article enforcing the law, he has scorned it. His example to
195 of the Revised Penal Code on the ground that the the people of Orion has been pernicious in its
penalty is cruel and unusual (par. 18, Sec. 1, art. III). influence. If gambling is to be suppressed, not only
The challenge is trivial. The punishment provided, far the weak and ignorant must be punished, but those
from being cruel and unusual, is motivated by a with full knowledge of the law and the consequences
wholesome purpose, namely, to effectuate early of violation. We would accordingly suggest to Courts
repression of on evil that, in the opinion of the of First Instance that in all cases arising under the
Legislature, undermines the social, moral, and Gambling Law or ordinances, except for unusual
economic growth of the nation, and is best calculated circumstances, a prison sentence should be imposed,
to answer the ends of precaution necessary to deter if permitted by the law or ordinance. We further
others from the commission of like offenses suggest that, where the defendant has been found
Issue: guilty and is a man of station, he be given the
WON Art. 195 of the RPC is not unconstitutional.
US vs Rafael
Held: 39 Phil 102
The penalty for the violation charged is prision
correccional in its medium degree. There being Facts:
present the aggravating circumstance of recidivism, On August 1 of the present year, 1911, and in the
which is offset by the mitigating circumstance of plea jurisdiction of this municipality of Iloilo, Philippine
of guilty, the prescribed penalty should be imposed in Islands, the said accused, Cayetano Rafael,
its medium period, that is, from two years, eleven Perseveranda Lopez, Victor Discipulo, Victoriano
months, and eleven days to three years, six months, Rafael and Guillermo Juanesa did intentionally bets
and twenty days of prision correccional. The in money, the game of chance called monte; in
maximum penalty imposed by the court is, therefore, violation of the law.
within the prescribed range.


SALAVERIA, WON there is Gambling.
G.R. No. L-13678 November 12, 1918
Yes, The use of money in playing the prohibited
The municipal council of Orion, Bataan, enacted, on game of monte is not necessary to constitute a
February 28, 1917, an ordinance which, among other violation of the law. The purpose of the law was to
things, prohibited the playing of panguingue on days prohibit absolutely the game of monte in the
not Sundays or legal holidays, and penalized the Philippine Islands. The mere fact that money was or
violation thereof by a casero [housekeeper] by a fine was not used, in no way constitutes a necessary
of not less than P10 nor more than P200, and by element of the game. "Any representative of value or
jugadores [gamblers] by a fine of not less than P5 nor of any valuable consideration or thing used in playing
more than P200. The justice of the peace of Orion, the prohibited game of monte, constitutes a violation
when this ordinance went into effect, was Prudencio of the law.
Salaveria, The chief of police took possession of the
US v. Palma Held:
4 Phil 547
Yes, That this was a scheme by which a result was
Facts: reached by some action or means taken in which
result man’s choice or will had no part, nor could
The appellants were convicted of playing the game of human reason, foresight, sagacity, or design enable
hueteng in violation of article 343 of the Penal Code, one to know or determine the result until the same
Santiago Palma on the ground that he was the owner had been accomplished; and that it was a scheme for
of the gambling house and Francisco Palma on the the distribution of prizes by chance among persons
ground that he was a player. who had paid a valuable consideration for the chance
to obtain the prize; and that it was a lottery or a game
Issue: of chance within the definition found in Act No.
1757, known as the Gambling Law, and the persons
WON the proof is sufficient. promoting the same were guilty of a violation of that

Proof that the game of hueteng had been played once El Debate vs Topacio, 44 Phil 280
in the house of a defendant is not sufficient to convict
him of being the owner of a gambling house. Facts:
On November 16, 1922, El Debate, a newspaper of
US v. Filart, et al., 30 Phil 80 the City of Manila, published a full page
announcement which in translation reads as follows:
Facts: P18,000.00
Where it appeared that appellants entered into an READ THE FOLLOWING
agreement whereby they would jointly sell to the GRAND NUMBER CONTEST
public 450 tickets, successively numbered from one, El Debate opens on this date two contests:
up, each number representing a chance on an The first contest is for the award of prizes for the
automobile which was to be drawn by lot as a prize nearest approximate guesses as to the total number of
as soon as the tickets so numbered were sold; and votes that will be cast for any of the winning
that the winner of the automobile was determined in candidates for Carnival Queen either in the provinces
the following manner: The numbers composing the or in Manila. This contest will close at noon,
450, each written on a separate piece of paper, were December 23d.
placed together in a box and thoroughly mixed; a boy The second contest is for the award for the nearest
was selected by the appellants who placed his hand in approximate guesses as to the total number of votes
the box and drew out a number; this he delivered to a that the Queen elect will receive for the Carnival
person placed there by the appellants for that queenship. This second contest will close at noon of
purpose, who unfolded the paper and read the number the day in which the final canvass of the Carnival
in a loud voice, while one of the appellants, with a queen contest will take place.
list of the 450 numbers referred to, struck therefrom
the number corresponding to that drawn from the Issue:
box; this being repeated until all of the numbers were
drawn from the box and stricken from the list; that WON the scheme is gambling
the last number drawn from the box was the winning
number and that the owner of that number won and Held:
received the automobile as a prize. Yes, The purpose of El Debate in devising its
Issue: advertising scheme was to augment its circulation
and thus to increase the number of newspaper readers
WON the acts Constitute Gambling. in the Philippines — which is commendable. But the
advertisement carries along with it a lottery scheme
— which is not commendable.
The evils to society arising from the encouragement
of the gambling spirit have been recognized here and
elsewhere. Experience has shown that the common Held:
forms of gambling are comparatively innocuous
when placed in contrast with the widespread Yes, it is not necessary that the lottery ticket be
pestilence of lotteries. The former are confined to a genuine, as it is enough that they be given the
few persons and places, but the latter infest the whole appearance of lottery tickets.
community; they enter every dwelling; they reach
every class; they prey upon the hard-earned wages of US v. Samaniego, 16 Phil 663
the poor; they plunder the ignorant and simple.
US vs Jose, 34 Phil 715 On 25th day of November, 1907, in the city of
Manila, Philippine Islands, the said Manuel
Facts: Samaniego did then and there willfully lie with and
The municipality of Gasan, on the Islands of have sexual intercourse with the said accused, Juana
Marinduque advertised for proposals to furnish the Benedicto de Perez, who was then and there, as the
municipality with street lamps. The defendant, in said accused Manuel Samaniego then and there well
answer to such advertisement, submitted a knew, a married woman and the lawfully wedded
proposition in writing by which he agreed to furnish wife of Jose Perez Siguenza; and the said accused
the municipality the lamps at a price therein named. Juana Benedicto de Perez, being then and there a
He was at that time a member of the municipal married woman and the lawfully wedded wife of the
council. said Jose Perez Siguenza, did then and there lie with
and have sexual intercourse with the said accused,
Issue: Manuel Samaniego.

WON the crime has been committed. Issue:

Held: WON it constitute grave scandal.

No, The submission, by a member of a municipal Held:

council, of a proposition to do certain work for the
municipality, which proposition was never accepted, No, The acts complained of lack many of the
is not a violation of article 28 of the Municipal code, elements essential to bring them within the purview
which punishes an officer of a municipality who of the article of the Penal Code invoked by the
becomes interested in any contract work of the prosecution. Every act that was in anywise public
municipality. fails entirely of those qualities which offend modesty
and good morals by "grievous scandal or enormity."
US vs Reyes, 23 Phil 41 The occurrence at the residence on the night of the
6th of November did not have that publicity which is
Facts: required by the article of the Penal Code referred to.

The accused did not represent a lottery and that the U.S v. Catajay, 6Phil 399
sole purpose of the accused in printing the lottery
tickets and disposing of them was to secure money by Facts:
fraudulent representation.\
It appears, however, that the acts complained of were
committed at night, in a private house, and at a time
Issue: when no one was present except the accused, the
mistress of the house, and one servant, and we are of
WON the crime has been committed. opinion that these circumstances do not constitute
that degree of publicity which is an essential element
of the crime defined and penalized in article 441 of
the Penal Code.
are not offensive because they are made and
Issue: presented for the sake of art?

WON it constitute grave scandal Held:

Held: In this case the pictures were not used exactly for
art’s sake but for commercial pictures. The persons
Yes, That it is an essential element of the crime who went to the art exhibit was satisfying their
defined and penalized therein that the acts morbid curiosity and taste, and lust, including the
complained of resulted in a grave public scandal. youth who because of their immaturity are not in a
position to resist and shield themselves from the ill
Pp v. Kottinger and perverting effects of these pictures.
45 Phil. 352
52 OG 249
Accused Kottinger’s camera business was raided.
Among the material confiscated were some pictures The accused was caught while performing in a theater
that show Filipino inhabitants in their native dress. wearing nylon patches to cover her breasts and nylon
Using these items, he was charged of violating panty. She avers that she was performing and artistic
section 12 of Act No. 277. His pictures were being hula-hula dance to portray a widow who lost her
used as post cards as non- Christians of natives of the husband after being killed by a Japanese. However the
country. crowed watching were howling and cheering to
continue her performance because they were sexually
Whether accused violated Section 12 of Act No. 277?
WON accused is guilty of Article 201 of the RPC
Although Philippine Laws do not define what
obscenity means, the Court defined obscene or
obscenity as “something offensive to chastity, The test of obscenity is whether the tendency of the
decency or delicacy”. There are two tests whether matter charged as obscene is to deprave or corrupt
something is obscene: (1) whether it corrupts the those whose minds are open to such immoral
mind of the viewers to such immoral influences; (2) influences. The test therefore was satisfied with the
or it shocks the ordinary and common sense of men crowds reaction. Her defense that the crowd was of
as an indecency. In the case at bar, the pictures lower class was not supported by any proof. Moreover
merely portrayed the inhabitants in their native dress it doesn’t matter what class the crowd belonged to.
as testified by UP Professor. What is important is 'paricci while performing the
hula-hula dance was able to induced or encourage the
Pp v. Go pin
crowd to think of immoral acts. She is therefore guilty
G.r. No. L-7491. August 8, 1955
of obscenity
Facts: PEOPLE vs. PADAN (101 PHIL. 749)
Go Pin, an alien and a Chinese citizen, was charged FACTS:
with a violation of Art. 201 of the Revised Penal
Code for having exhibited in the City of Manila at the In September 1953 accused Jose Fajador as the
Globe Arcade, which are allegedly indecent and/or manager and Ernesto Reyes as ticket collector and or
immoral. exhibitor hired their co-accused Marina Palan and
Cosme Espinosa to act as performers or exhibitionists.
Issue: In fact, they actually performed sexual intercourse in
the presence of many spectators, thereby exhibiting or
Whether the effect of that paintings and pictures of
performing highly immoral and indecent acts.
women in the nude, including sculptures of that kind
different magazines, which they deemed
Whether they violated Art. 201 of the RPC
Whether the appellate court erred in affirming the
HELD: petitioners’ conviction.
The Supreme Court has had occasion to consider Held:
offenses like the exhibition of still or moving pictures
of women in the nude, which it condemned for No. Petition dismissed. As obscenity is an unprotected
obscenity and offensive to morals. In those cases, one speech which the State has the right to regulate, the
might yet claim that there was involved the element of State in pursuing its mandate to protect, as parens
art; that connoisseurs of the same, and painters and patriae, the public from obscene, immoral and
sculptors might find inspiration in the showing of indecent materials must justify the regulation or
pictures in the nude, or the human body exhibited in limitation.
sheer nakedness as models in tableaux vivants (silent
and motionless group of people arranged to represent One such regulation is Article 201 of the Revised
a scene or incident). Penal Code. To be held liable, the prosecution must
prove that (a) the materials, publication, picture or
But an actual exhibition of the sexual act, preceded by literature are obscene; and (b) the offender sold,
acts of lasciviousness, can have no redeeming features. exhibited, published or gave away such materials.
In it, there is no room for art. One can see nothing in it Necessarily, that the confiscated materials are obscene
but clear and unmitigated obscenity, indecency and an must be proved.
offense to public morals, inspiring and causing as it
does, nothing but lust and lewdness, and exerting a Also, “that which shocks the ordinary and common
corrupting influence especially on the youth of the sense of men as an indecency.” The disclaimer was
land. Thus, considering the seriousness of the crime, whether a picture is obscene or indecent must depend
the relatively severe penalty imposed by the trial court upon the circumstances of the case, and that
is proper. ultimately, the question is to be decided by the
judgment of the aggregate sense of the community
reached by it.
Fernando v CA G.R. No. 159751 December 6,
2006 However, the pictures here in question were used not
exactly for art’s sake but rather for commercial
Facts: purposes. In other words, the supposed artistic
qualities of said pictures were being commercialized
Acting on reports of sale and distribution of so that the cause of art was of secondary or minor
pornographic materials, officers of the Philippine importance. Gain and profit would appear to have
National Police CIDG conducted police surveillance been the main, if not the exclusive consideration in
on the store bearing the name of Gaudencio E. their exhibition; and it would not be surprising if the
Fernando Music Fair (Music Fair). On May 5, 1999, persons who went to see those pictures and paid
Judge Perfecto Laguio of the Regional Trial Court of entrance fees for the privilege of doing so, were not
Manila, Branch 19, issued Search Warrant No. 99- exactly artists and persons interested in art and who
1216 for violation of Article 201 of the Revised Penal generally go to art exhibitions and galleries to satisfy
Code against petitioner Gaudencio E. Fernando and a and improve their artistic tastes, but rather people
certain Warren Tingchuy. The warrant ordered the desirous of satisfying their morbid curiosity and taste,
search of the store for copies of New Rave, Hustler, and lust, and for love [of] excitement, including the
IOU magazine, and VHS tapes. On the same day, youth who because of their immaturity are not in a
police officers of the PNP-CIDG NCR served the position to resist and shield themselves from the ill and
warrant on Rudy Estorninos, who, according to the perverting effects of these pictures
prosecution, introduced himself as the store attendant
of Music Fair. The police searched the premises and
confiscated twenty-five (25) VHS tapes and ten (10)
PEOPLE VS SITON prosecution on this charge of vagrancy, he had been
GR No. 169364 engaged in no legal occupation, and was without any
apparent means of support other than that supplied him
FACTS: by his mother; that he is an able-bodied man of 33
years of age; that he habitually neglected to apply
That on or about November 14, 2003, Evangeline himself to any lawful calling, and that he spent his time
Siton and Krystel Kate Sagarano wandered and
in loitering about the streets and frequenting cockpits.
loitered around San Pedro and Legaspi Streets, Davao
City, without any visible means to support herself nor ISSUE:
lawful and justifiable purpose. They were charged
with vagrancy pursuant to Article 202 of the RPC. Whether the appeal to reverse conviction of the
accused should be granted?
WON the crime charged is proper
NO. The Supreme Court did not find that the claim
HELD: by this able-bodied man, 33 years of age, that he was
living on the charity of his mother, can be said to rebut
Yes. Vagrancy under Article 202 of the Revised Penal the other evidence in the record which tended to
Code offers no guidelines or any other reasonable disclose that he had no apparent means of support. He
indicators to differentiate those who have no visible had no legal or moral claim upon his mother for
means of support by force of circumstance and those support, and indeed, from the indications in the record
who choose to loiter about and bum around. as to the scanty means possessed by the mother, it
In the instant case, the assailed provision is paragraph would appear that it was his final duty to aid her rather
(2), which defines a vagrant as any person found than to call upon her for aid.
loitering about public or semi-public buildings or
places, or tramping or wandering about the country or U.S v. WILLIAM C. HART
the streets without visible means of support. This G.R. No. L-8848
provision was based on the second clause of Section 1 November 21, 1913
of Act No. 519 which defined vagrant as every person
found loitering about saloons or dramshops or Facts:
gambling houses, or tramping or straying through the
country without visible means of support. The second The appellants, Hart, Miller, and Natividad, were
clause was essentially retained with the modification found guilty on a charge of vagrancy under the
that the places under which the offense might be provisions of Act No. 519. All three appealed and
committed is now expressed in general terms public or presented evidence showing that each of the
semi-public places. defendants was earning a living at a lawful trade or
business sufficient enough to support themselves.
Article 202 of the RPC were crafted to maintain
minimum standards of decency, morality and civility Issue:
in human society. These laws may be traced all the
way back to ancient times, and today, they have also Whether Hart, Miller and Natividad are guilty of
come to be associated with the struggle to improve the vagrancy?
citizens quality of life, which is guaranteed by our
Constitution. Held:

Considering that the argument of the Attorney-

General would suggest a lack of logical classification
G.R. No. L-7529
November 19, 1912 on the part of the legislature of the various classes of
vagrants and since it was proven that all three of the
defendants were earning a living by legitimate means
FACTS: at a level of comfort higher than usual, Hart, Miller
and Natividad were acquitted.
The defendant was discharged from Bilibid Prison
after serving a short sentence for a violation of the
Opium Law; that from that time until the date of his
U.S v. De la Cruz ISSUE:
38 Phil 677
WON the accused is a public officer.
Defendant, in the heat of passion, killed his querida
There can be no question that petitioner was a public
upon catching her red-handed in the arms of another.
officer within the meaning of article 203, which
Trial Court convicted defendant of homicide and
includes all persons "who, by direct provision of law,
sentenced him to 14 years 8 months 1 day of reclusion
popular election or appointment by competent
authority, shall take part in the performance of public
Issue: functions in the Philippine Government, or shall
perform in said government or any of its branches,
Whether there is a extenuating or mitigating public duties as an employee, agent or subordinate
circumstances present? official or any rank or class." That definition is quite
comprehensive, embracing as it does, every public
servant from the highest to the lowest. For the
Yes, defendant acted upon an impulse so powerful as purposes of the Penal Code, it obliterates the standard
naturally to have produced passion and obfuscation distinction in the law of public officers between
when he caught his querida in carnal communication "officer" and "employee".
with a mutual acquaintance.
Morifosque vs People
Art. 203 - Who are public officers G.R. No. 156685
July 27, 2004
G.R. No. L-2971 April 20, 1951
FELICIANO MANIEGO y CATU, petitioner, Facts:
vs. THE PEOPLE OF THE On or about October 13, 1990 in Legazpi City,
PHILIPPINES, respondent. petitioner Nazario Morifosque accused a public officer
being a qualified member of the Police Force of
FACTS: Legazpi City, now under the Philippine National
Police, taking advantage of his official/public
That on February 27, 1947, the accused, although position.
appointed as a laborer, had been placed in charge of
issuing summons and subpoenas for traffic violations. On October 13, 1990 at around 5:00 in the afternoon,
It appears furthermore, that the accused had been Hian Hian Yu Sy and her husband, Arsenio Sy, went
permitted to write motions for dismissal of prescribed to the office of Captain Alberto Salvo, Chief of the
traffic cases against offenders without counsel, and to Intelligence and Operating Division stationed at the
submit them to the Court for action, without passing Criminal Investigation Service (CIS) in Region 5, to
through the regular clerk. On the day in question, Felix report the robbery of Shellane tanks at the gasoline
Rabia, the complainant herein, appeared and inquired station of her father, Yu So Pong, and the alleged
from the accused about a subpoena that he received. extortion attempt by petitioner, Police Sergeant
He was informed that it was in connection with a Narciso Marifosque, in exchange for the recovery of
traffic violation for which said Rabia had been the lost items. Captain Salvo and his men set up a plan
detained and given traffic summons by an American to entrap the petitioner. Hian Hian Yu Sy prepared the
MP. pay-off money in the amount of P4,800.00 and listed
down the serial numbers of the bills. The pay-off was
According to Felix Rabia and Agent No. 19 (La scheduled at 7:00 in the evening of that day in Golden
forteza) of the National Bureau of Investigation, the Grace Department Store which was owned by Yu So
accused informed Rabia that the latter was subject to a Pong. At around 6:15 p.m., Captain Calvo and his men
fine of P15; that Rabia inquired whether the same arrived at the target area and strategically positioned
could be reduced because he had no money, and that themselves outside the Golden Grace Department
the accused informed Rabia that he could fix the case Store to await the arrival of the suspect.
if Rabia would pay him P10; which Rabia did and the
accused pocketed. Shortly thereafter, petitioner Marifosque arrived on
board a tricycle. He went inside the store and 1912, the accused promised Pascua that, in
demanded the money from Hian Hian Yu Sy and Yu consideration of the delivery to him of a female
So Pong. The latter handed to him the marked money, carabao worth P80 he would decide the case against
which was wrapped in a newspaper. When petitioner Pagulayan regardless of the evidence; that said
stepped out of the store, Arsenio Sy gave the pre- carabao was delivered in pursuance of that agreement;
arranged signal, whereupon the arresting operatives that Gacutan, fulfilling his promise, did on August 12,
swooped down upon the suspect and arrested him. 1912, convict the said Pagulayan of the crime of
larceny and sentence him to six months’
Issue: imprisonment, to pay the costs, and to indemnify
Whether or not the accused is a public officer Pascua in the sum of P50, the value of the horse
alleged to have been stolen; that the sentence imposed
was not executed for the reason that on August 23,
Held: 1912, the accused transferred the cause to the Court of
There is no question that petitioner was a public officer First Instance, the same, under Act No. 2030 of the
within the contemplation of Article 203 of the Revised Philippine Legislature, not being within his
Penal Code, which includes all persons "who, by direct jurisdiction. Gacutan, the accused, was, on the 2d of
provision of law, popular election or appointment by October, 1913, convicted of bribery in the Court of
competent authority, shall take part in the performance First Instance of Cagayan, it having been found that he
of public functions in the Philippine Government, or accepted from Pascua a carabao as a bribe in
shall perform in said government or any of its consideration of which he agreed to and subsequently
branches, public duties as an employee, agent or did decide a criminal case then pending before him
subordinate official or any rank or class." At the time against Pagulayan and in favor of the people without
of the incident, petitioner was a police sergeant regard to the evidence upon which the same was
assigned to the Legazpi City Police Station. He founded.
directly received the bribe money from Yu So Pong
and his daughter Hian Hian Yu Sy in exchange for the
recovery of the stolen cylinder tanks, which was an act
not constituting a crime within the meaning of Article ISSUE:
210 of the Revised Penal Code. The act of receiving
money was connected with his duty as a police officer. WON the conviction of the accused and sentencing
him as he was sentenced was proper.

Art. 204 – Knowingly rendering unjust judgment HELD:

We do not believe that the conviction can stand.
46 PHUIL 542
The information is based on article 347 of the Penal
Code which provides that "any judge who shall
STA.MARIA vs UBAY knowingly render an unjust decision against the
87 SCRA 179 defendant, etc.," shall be punished as provided

Moreover, it does not appear that the accused knowing

[G.R. No. 9600. October 1, 1914. ] rendered an unjust judgment even if we concede that
THE UNITED STATES, Plaintiff-Appellee, v. the judgment was unjust. The mere fact that the court
EUGENIO GACUTAN, Defendant-Appellant. may not have had jurisdiction of the subject matter of
the action does not necessarily establish the fact that
FACTS: his judgment was unjust. He may have been honestly
mistaken with respect to his jurisdiction. In fact, this
On July 20, 1912, Elias Pagulayan was charged before seems to have been precisely the case, for, on being
the accused, a justice of the peace in and for the pueblo informed of the existence of the law depriving his
of Solana, Cagayan Province, with the theft of a horse court of jurisdiction in such cases, he immediately set
belonging to one Pascua; that on or about July 31,
aside his judgment of conviction and sent the case to Art. 205 Judgment rendered through negligence
the Court of First Instance for trial.
Evangelista v. Hon. Baes, 61 SCRA 67
436 SCRA 67 Facts:

The judge may be suspended or removed in the same

manner and upon the same grounds as judges of the
Crescencia Escoto contracted marriage with Jorge de Court of First Instance. Because Evangelista's letter is
Perio, Jr., both Filipinos, solemnized before then not sworn to, does not set out facts constituting any
Mayor Liberato Reyna of Dagupan City. Jorge filed a alleged serious misconduct or inefficiency of the
Decree of Divorce in Texas. Crescencia Escoto using respondent, and merely requests this Court to order the
the name Lucena Escoto married Manuel P. Diego agrarian court to decide a certain case within a
before the Rev. Fr. Godoy, parish priest of Dagupan specified period, the said letter may not properly be
City. The sister of Manuel P. Diego filed a criminal treated as an administrative complaint.
case of bigamy against Escoto. The RTC rendered a
judgment of acquittal since state failed to prove guilt
beyond whisper of a doubt and gave credence to the WON the acts is punishable.
defense of the accused that she acted without any
malicious intent for believing in good faith that her Held:
marriage was already annulled by a foreign judgment.
No, although there may be abuse of discretion in
An administrative case is filed against Judge Silverio
issuing an order, it does not necessarily follow that
Q. Castillo for Knowingly rendering an unjust
there is bad faith or that said abuse of discretion
judgment under Article 204[7] of the Revised Penal
signifies ignorance of the law on the part of a judge.
Yaranon v. Judge Rubio, 66 SCRA 67
W/N Castillo should be liable against Article 204[7]
of the Revised Penal Code Administrative complaint against respondent Judge
Antonio Rubio of the Municipality of Inopacan Leyte
for alleged (1) incompetence and/or ignorance of the
NO. Regional Trial Court Judge Silverio Q. Castillo is law and (2) delaying justice. Respondent who is now
FINED P10,000 with a STERN WARNING that a dead, having died on May 15, 1975, denied all the
repetition of the same or similar acts will be dealt with charges. We could have dismissed this case for being
more severely. The law requires that (a) the offender academic, but We have decided to make this resolution
is a judge; (b) he renders a judgment in a case of exoneration in order to clear his name and to entitle
submitted to him for decision; (c) the judgment is his widow and legal heirs to receive what is due them
unjust; (d) he knew that said judgment is unjust. Even under the law.
assuming that a judge erred in acquitting an accused,
he still cannot be administratively charged lacking the
element of bad faith, malice or corrupt purpose· As a WON the Judge should be charge of knowingly
matter of public policy then, the acts of a judge in his rendering an unjust judgement.
official capacity are not subject to disciplinary action,
even though such acts are erroneous. Held:

Good faith and absence of malice, corrupt motives or No, mere error of judgment cannot serve as basis for a
improper considerations are sufficient defenses in charge of knowingly rendering an unjust judgment,
which a judge charged with ignorance of the law can where no proof or even allegation of bad faith, or ill
find refuge. The error committed by respondent Judge motive, or improper consideration,
being gross and patent, the same constitutes ignorance ART. 206 Unjust interlocutory order
of the law of a nature sufficient to warrant disciplinary
Kapisanan ng mga Manggagawa sa Maynila subject, which would warrant this Court to declare the
Railroad Company v. Yard Crew Union, et al., 109 orders under consideration, illegal.
Phil 143
ART. 207. Malicious Delay in the administration of
Facts: Justice

On March 7, 1955, the Kapisanan Ng Mga US v. Mendoza, 23 Phil. 194

Manggagawa Sa Manila Railroad Company,
hereinafter called Kapisanan, filed a petition (Case No. Facts:
237-MC), praying that it be certified as the exclusive For the foregoing reasons, and in view of the
bargaining agent in the Manila Railroad Company, preliminary investigations made by the justice of the
hereinafter called Company. A decision was peace of Paniqui, the provincial fiscal, on September
promulgated on September 29, 1956, affirmed by the 5, 1910, filed an information in the Court of First
Court en banc on January 16, 1957, in which the Instance of Tarlac, charging Vicente Mendoza as
respondent Court found three unions appropriate for accessory after the fact in the crime of arson. After due
purposes of collective bargaining. After the decision trial, judgment was rendered on May 22, 1911,
had become final, Case No. 491-MC was filled on whereby the defendant was sentenced to the penalty of
September 20, 1957, amended on August 13, 1958, by two years four months and one day of presidio
the Manila Railroad Yard Crew Union, praying that it correccional, to the accessories, with allowance of
be defined as a separate unit; Case No. 494-MC, on one-half of the time of his detention, and to payment
September 25, 1957, amended on August 13, 1958, by of the costs; from which judgment he appealed. Had
the Station Employees' Union, praying that it be the accused barrio-lieutenant incurred responsibility
constituted as a separate bargaining unit, and Case No. by his conduct, he should have been charged with the
507- MC, on November 30, 1957, by the Railroad crime of "prevaricacion" under article 355 of the Penal
Engineering Department Union, praying that it be Code, for neglect of the duties of his office by
defined as a separate bargaining unit. All asked that maliciously failing to move the prosecution and
they be certified in the units sought to be separated. punishment of the delinquent.
The respondent unions are legitimate labor
organizations with certificates of registration in the Issue:
Department of Labor.
WON there is Malicious Delay.
WON the test for interlocutory order is complied with.
No, there are indications that the fire was accidental
Held: and, if so, the acquittal of the accused in the other case
was perhaps due to the lack of proof of his guilt as an
No, The test in determining whether an order or incendiary and to the fact that the acts charged do not
judgment is interlocutory or final is "Does it leave constitute a crime. Therefore, upon this hypothesis,
something to be done in the trial court with respect to and because the alleged incendiary was acquitted, it is
the merits of the case? If it does, it is interlocutory; if neither proper nor possible to convict the defendant,
it does not, it is final". Having in view the avowed Mendoza, as accessory after the fact, of Bernabe
purpose of the orders in question, as heretofore Mangunay, who was acquitted of the said crime of
exposed, one should not stretch his imagination far to arson.
see that they are clearly interlocutory, as they leave
something more to be done in the trial court and do not
decide one way or the other the petitions of the
People v. Mina, 65 Phil 621
respondent unions. We are, therefore, constrained to
hold, as we do hereby hold, that the present appeals or Facts:
petitions for review by certiorari, are not authorized
by law and should be dismissed (Section 2, Rule 44, The provincial fiscal having filed a motion in the
Rules of Court). There is, moreover, nothing, under above- entitled case praying for the dismissal of the
the facts obtaining in these cases and the law on the case, and the court having found meritorious the
reasons alleged therein, said case is hereby dismissed,
as prayed, with costs de oficio, and the bond filed for absence of motive alone is not sufficient to presume
the temporary release of the accused is hereby ordered the existence of a prima facie case. The circumstances
cancelled. and evidence on record must be taken together before
such a conclusion may be arrived at. We have gone
Issue: over the report or memorandum of the Assistant City
WON there is Malicious Delay. Attorney and from the facts established by the
preliminary investigation conducted by him as well as
Held: the reasons given for the dismissal of the complaint,
we could glean nothing that would reveal or tend to
No, The duty imposed upon the provincial fiscal in
reveal any semblance of abuse perpetrated by
such cases is either to go forward with the prosecution
respondents and appellees.
or to move the court to dismiss the complaint, and in
either event to move with the promptitude necessary
to secure the right of the accused to a speedy trial. It
is, in part, to aid him in determining the course to be People vs. Malabanan, 62 Phil 786
adopted at this stage of the proceedings that provision Facts:
is made in section 2 of Act No. 302 for official
investigations by provincial fiscals. But it is to be In July, 1933, appellant was municipal president of the
observed that it is expressly provided that: ’This of San Juan, Province of Batangas, and was engaged
section shall not be construed to authorize a provincial in raising funds for the construction of a ward in the
fiscal to act as justice of the peace in any preliminary provincial hospital for tubercular patients.
investigation, but only as authorizing him to secure the Notwithstanding all his efforts to secure contributions,
attendance of witnesses before him in making he was unable to approximate the quota which had
necessary investigation for the purpose of instituting been set for his town by the provincial authorities, and
or carrying on criminal prosecutions. he therefore on July 22, and July 29, organized and
held cock-fights, neither day being authorized by law
Vda. De Bagatua, et al., v. Revilla and Lomines, 104 for such purposes.
Phil 392
WON there is Malicious Prosecution.
Upon receipt of said complaint, the Assistant City
Attorney of Quezon City, acting for the City Attorney, Held:
conducted a preliminary investigation which lasted for
several days, during which occasions both parties were No, It is not clear whether the government is claiming
duly represented by counsel. Testimonial as well as the right to punish appellant because he did not
documentary evidence was presented and after the institute prosecution against himself for organizing a
parties had filed their respective memoranda, the cock-fight on a day other than those permitted by law
Assistant City Attorney, in a memorandum addressed or, under the last clause, that it was his duty to have
to the City Attorney recommended the dismissal of the prosecutions instituted against all who attended the
complaint for lack of merit. Accordingly, the cock-fights and bet money thereon.
complaint was dismissed. ART. 209. Betrayal of Trust by an attorney or
Issue: solicitor

WON there is Malicious Prosecution.

Held: People vs. Sandiganbayan, G.R. No. 115439, July

16, 1997
No, appellants in charging that there was a grave abuse
of discretion involved herein bring out the fact that the Facts:
preliminary investigation elicited no improper motive Honrada was the Clerk of Court and Acting
on the part of said complainants (appellants) to accuse Stenographer of the First Municipal Circuit Trial
Pangilinan of the offense charged, and thus considered Court, San Francisco-Bunawan-Rosario in Agusan del
the dismissal of the complaint as erroneous. The
Sur. Respondent Paredes was successively the the conspiracy before the police seized the drugs, and
Provincial Attorney of Agusan del Sur, then Governor it had not been so instructed. The new jury convicted
of the same province, and is at present a Congressman. respondents, who appealed.
Respondent Sansaet was a practicing attorney who
served as counsel for Paredes in several instances Issue:
pertinent to the criminal charges involved in the WON the act constitutes direct bribery.
present recourse.
No, inorder to commit direct bribery all the requisites
WON there is a betrayal or Trust. must concur. That the act constituting the crime relates
Held: to the exercise of the office which the public officer
No, it does not appear that respondent Sansaet has at
any time been convicted of any offense involving U.S. vs Richards
No. 2024, 30 October 1906
moral turpitude. Thus, with the confluence of all the
requirements for the discharge of this respondent, both
the Special Prosecutor and the Solicitor General
strongly urge and propose that he be allowed to testify Richards, veterinarian of the Board of Health,
as a state witness. This Court is not unaware of the received a sum of money from S.A. Reich, an importer
doctrinal rule that, on this procedural aspect, the of Mules from China. Such money was said to be
prosecution may propose but it is for the trial court, in given by the latter as he believed that it was customary
the exercise of its sound discretion, to determine the for the merchants to pay gratuities to public officials
merits of the proposal and make the corresponding and he only took into consideration that Richards came
disposition. right away to examine his mules thus saving him a lot
of expenses.
ART. 210. Direct Bribery
People vs. Sope, 75 Phil 810
May Richards be convicted of Direct Bribery?
The Court made the pronouncement that it is very
logical that the prosecuting attorney, being the one No. In order to convict a person of a violation of this
charged with the prosecution of offenses, should article it is necessary to prove that he received money
determine the information to be filed and cannot be or other article of value, and having received it, agreed
controlled by the offended party. to do an unlawful act, or that a promise or offer was
made to him to give him money if he would commit
an unlawful act and that he did agree to commit the
WON Bribery exist. unlawful act in consideration of the promise or offer.
It is not necessary in either case that the evidence show
Held: an express promise. It is sufficient if from all the
circumstances in the case such promise can be implied.
No, because the gift must be either voluntarily offered
But in this case, there is insufficient evidence to say
by a private person or solicited by the public officer
that there be a promise, expressed or implied between
here, all the elements are absent.
Richards and Reich.
US v. Gimenea, 24 Phil 470
People vs Abesamis
Facts: GR No. L-5284, Sep 11, 1953

They were convicted them of conspiring to possess

and to distribute unlawful drugs, the judge ordered a FACTS:
new trial because, under Cruz, the jury could not Eduardo Abesamis was then the Justice of the Peace
convict respondents unless it believed they had joined of Echague and Angadanan, Isabela demanded and
received P1,100.00 from Marciana Sauri with the 18. U.S. vs Jader
agreement that he would dismiss the case for Robbery No. 339, 18 July 1902
in Band with Rape against Emiliano Castillo, son of
Sauri, which was then pending in his Court. FACTS:

ISSUE: Damaso Jader, as cabeza de barangay and teniente of

the barrio of the town of Candelaria, accepted cocks,
Is the act of Judge Abesamis constitutes Direct Bribery hens, bamboo, and other articles under promise to
under Art. 210 of the Revised Penal Code? relieve the persons from whom he had obtained them
of the obligation to perform certain duties which they,
as citizens, were required to perform.
No. To fall within the first paragraph of Art 210, the
act which the public officer has agreed to perform
must be criminal. To dismiss a criminal complaint, as Is Jader guilty of Bribery?
Judge Abesamis is alleged to have agreed to do in the
present case, does not necessarily constitute a criminal RULING:
act, for the dismissal may be proper, there being no
No, he committed the crime of Estafa, and not of
allegation to the contrary. The second paragraph,
Bribery. The articles received by Jader were not
however, distinguishes between two cases: one in
offered to him nor were they donated by the five
which the act agreed to be performed has been
taxpayers of his department for the purpose of
accomplished, but there is telling whether the
corrupting him and in order to induce him to omit the
information is for one or the other. The information
performance of his duty, but were demanded by the
is, therefore, defective in that aspect.
defendant, who thereby abused his office as cabeza de
But while the information is insufficient to hold Judge barangay and teniente of the barrio.
Abesamis for trial for direct bribery under the first or
G.R. No. L-58889 July 31, 1986
second paragraph of Article 210, it is a sufficient
indictment for indirect bribery under Article 211. NATHANIEL S. MANIPON, JR., petitioner,
U.S. vs Navarro
SANDIGANBAYAN, Second Division composed of
No. 1586, 09 April 1904
Presiding Justice and HON. BUENAVENTURA J.
Felipe Navarro, the acting sanitary inspector for the GUERRERO and HON. MOISES C. KALLOS, as
City of Manila Board of Health received P3.50 from Associate Justices, respondents.
Tiong Siaco and San Kaco in the end that the former
should abstain from reporting to his superior that the
two Chinamen had violated the health ordinances and Nathaniel S. Manipon, Jr., a deputy sheriff of the Court
regulations of the City of Manila. of First Instance of Baguio City and Benguet, Branch
IV, was assigned to enforce an order of the Minister of
Labor dated October 31, 1979 directing the Sheriff of
Is Navarro guilty of Direct Bribery? Baguio City or his deputy to execute the decision of
the labor arbiter in NLRC Case No. RB-1-C-1428-79
RULING: entitled "Longog Tabek, et al vs. Harry Dominguez et
Yes. Article 383 of the Penal Code, reads as: "When al" and to make a return within thirty (30) days from
the purpose of the gift received or promised was that said date. The labor arbiter's decision ordered Harry
the public official should abstain from performing an Dominguez, a building contractor and the then
act which he should perform in the exercise of the municipal mayor of Tadian, to pay Longog Tabek and
duties of his office …”. Navarro daily inspects the the other judgment creditors the amount of P2,720.00
house of the Chinamen and will them that it was dirty with interest, as the balance of their work contract.
and will collect money from Tiong Siaco for him “not Pursuant to that assignment, Manipon on November 9,
to report” the result of the said inspection to the 1979 sent a notice to the Commercial Bank and Trust
Sanitary Board. branch [Comtrust] in Baguio City garnishing the bank
accounts of Dominguez. The bank agreed to hold the No. RB-1-C-1428-79. It is also not disputed that
accounts. For one reason or another, Manipon did not Manipon garnished the bank accounts of Dominguez
inform the labor arbiter of the garnishment nor did he at Comtrust and that he lifted the same on December
exert efforts to immediately satisfy the judgment under 28, 1979 after which he received P l,000.00 from
execution. On November 12, 1979, Dominguez sought Dominguez.
Manipon's help in the withdrawal of the garnished
account. Manipon told Dominguez that the money The petition is denied for lack of merit.
could not be withdrawn.

However, on December 27, 1979 when the two met DACUMAS vs SANDIGANBAYAN
again at the Office of the National Intelligence and 195 SCRA 833
Security Authority [NISA] in Baguio City, Manipon
told Dominguez that he "can remedy the withdrawal
so they will have something for the New Timoteo Garcia vs Sandiganbayan
Year." Dominguez interpreted this to mean that G.R. No. 155574November 20, 2006
Manipon would withdraw the garnished amount for a
consideration. Dominguez agreed and they arranged to Facts:
meet at the bank later in the afternoon. After Manipon
left, Dominguez confided the offer to NISA Sub-
then public officers or employees of the LTO, borrow
Station Commander Luisito Sanchez. They then
units Asian Automotive
hatched up a plan to entrap Manipon by paying him
with marked money the next day. Center’s Service Vehicle knowing that said
corporation regularly transacts with the accused’s
In its decision dated September 30, 1981, the
LTO Office for the registration of its motor vehicles,
Sandiganbayan found accused Nathaniel S. Manipon,
in the reporting of its engine and chassis numbers as
Jr., 31, guilty of direct bribery.
well as the submission of its vehicle dealer’s report
ISSUE: and other similar transactions which require the
prior approval and/or intervention of the said
WON the Sandiganbayan erred in convicting him of accused Regional Director and employee. Ma.
direct bribery, in not giving credence to the defense Lourdes Miranda, the complainant, whose child was
theory that there was novation of the money judgment run over an killed in a vehicular accident; the driver of
and in admitting illegally-obtained evidence. the ill-fated motor vehicle was accused Nabo,
subordinate of Garcia. Miranda successfully traced the
said vehicle and eventually discovered the existence of
The crime of direct bribery as defined in Article 210 numerous delivery receipts in the files and possession
of the Revised Penal Code consists of the following of the Company own by certain Aurora Chiong; and
elements: (1) that the accused is a public officer; (2) that said discovery led to the institution of the subject
that he received directly or through another some gift criminal cases against herein accused. Mrs Chiong
or present, offer or promise; (3) that such gift, present recounted that accused Garcia has a farm, and he
or promise has been given in consideration of his would need a vehicle to transport water thereto. For
commission of some crime, or any act not constituting this purpose, he would, on a weekly basis, borrow
a crime, or to refrain from doing something which it is from the Company a motor vehicle, either by asking
his official duty to do, and (4) that the crime or act from her directly through telephone calls or through
relates to the exercise of his functions as a public Yungao, her Liaison Officer. Every time accused
officer. The promise of a public officer to perform an Garcia would borrow a motor vehicle, the Company
act or to refrain from doing it may be express or would issue a delivery receipt for such purpose, which
implied. has to be signed by the person whom accused Garcia
would send to pickup the motor vehicle.
It is not disputed that at the time of the commission of
the crime Manipon was the deputy sheriff of the Court Yungao testified that the names and signatures of the
of First Instance of Benguet and Baguio assigned to persons who actually received the Company’s vehicles
implement the execution order issued in NLRC Case were reflected on the faces of the delivery receipts.
The Sandiganbayan promulgated the assailed decision failed to establish that it was petitioner’s
convicting petitioner of fifty-six counts of violation of representatives who picked up the vehicles. If
Section 3(b) of Republic Act No. 3019, as amended. the identity of the person who allegedly picked up the
vehicle on behalf of the petitioner is uncertain, there
Issue: can also be no certainty that it was petitioner who
Whether or not petitioner be convicted of Direct received the vehicles in the end.
Bribery charged in the information? Art 211. Indirect Bribery
Held: 20. Pozar vs CA
The crime of direct bribery as defined in Article 210 G.R. No. L-62439, 23 October 1984
of the Revised Penal Code constitutes the following
acts: (1) by agreeing to perform, or by performing, in
consideration of any offer, promise, gift or present an Pozar, being then an applicant for probation after he
act constituting a crime, in connection with the was convicted of an offense, gave Mr. Danilo
performance of his official duties; (2) by accepting a Ocampo, the City Probation Officer, the sum of
gift in consideration of the execution of an act which P100.00.
does not constitute a crime, in connection with the
performance of his official duty; or (3) by agreeing to ISSUE:
refrain, or by refraining, from doing something which
Did Pozar violates Art 212 of the Revised Penal Code?
is his official duty to do, in consideration of any gift or
promise. In the case under consideration, there is utter RULING:
lack of evidence adduced by the prosecution showing
that petitioner committed any of the three acts No. The procedure for processing Pozar’s application
constituting direct bribery. The two prosecution for probation in the Probation Office was not precise,
witnesses did not mention anything about petitioner explicit and clear cut. And since he is a foreigner and
asking for something in exchange for his performance quite unfamiliar with probation rules and procedures,
of, or abstaining to perform, an act in connection with there is reason to conclude that he was befuddles, if
his official duty. In fact, Atty. Aurora Chiong, Vice- not confused so that his act of providing and advancing
President and General Manager of the Company, the expenses for whatever documentation was needed
testified that the Company complied with all the further to complete and thus hasten his probation
requirements of the LTO without asking for any application, was understandably innocent and not
intervention from petitioner or from anybody else criminal.
from said office. From the evidence on record, Cabrera vs Pajares
petitioner cannot likewise be convicted of Direct A.M. Nos. R-278-RTJ & R-309-RTJ, 30 May 1986
Bribery. Indirect bribery is committed by a public
officer who shall accept gifts offered to him by reason
of his office. The essential ingredient of indirect FACTS:
bribery as defined in Article 211 of the Revised Penal
Atty. Enrico Cabrera said he gave P1,000.00 to Judge
Code is that the public officer concerned must have
James Pajares because the latter asked for it and he was
accepted the gift or material consideration. The
unduly strict, preventing the former from making
alleged borrowing of a vehicle by petitioner from the
statements during the trial of his case which Judge
Company can be considered as the gift in
Cabrera was trying. After 2 months, Pajares again told
contemplation of the law. To prove that
him that he needed money. Cabrera decided to
petitioner borrowed a vehicle from the Company for
denounce Pajares to the authorities, and asked the
56 times, the prosecution adduced in evidence 56
assistance of the NBI in entrapping Pajares.
delivery receipts allegedly signed by petitioner’s
representative whom the latter would send to pick up
the vehicle. We, however, find that the delivery
receipts do not sufficiently prove that petitioner ISSUE:
received the vehicles considering that his signatures
Is Judge Pajares guilty of Indirect Bribery?
do not appear therein. In addition, the prosecution

Yes. Judge Pajares accepted the money. There is No. The essential ingredient of indirect bribery as
reason to believe that he accepted the money and that defined in Article 211 of the Revised Penal Code is
he knew it was being given to him by reason of his that the public officer concerned must have accepted
office. After receiving the envelope with the money, the gift or material consideration. There must be a
the Pajares did not really try to return it to Cabrera, as clear intention on the part of the public officer to take
he claims he did, but that instead he placed it between the gift so offered and consider the same as his own
the pages of his diary. property from then on, such as putting away the gift
for safekeeping or pocketing the same. Mere physical
Formilleza vs Sandiganbayan receipt unaccompanied by any other sign,
159 SCRA 1
circumstance or act to show such acceptance is not
sufficient to lead the court to conclude that the crime
of indirect bribery has been committed. An
Petitioner was the personnel supervisor of the National examination of the seven photographs that were
Irrigation Administration (NIA) in Tacloban City. Her allegedly taken immediately after the passing of the
duties include processing of appointment papers of money shows that the petitioner was standing up when
employees. She was charged for her alleged refusal to the PC agents apprehended her. There was no picture
attend to the appointment papers of a certain Mrs. showing petitioner to be seated which should be her
Mutia, a coterminous employee. Mrs. Mutia testified position immediately after the money was handed to
that petitioner asked from her some money as a her under the table. None of the photographs show the
consideration. Attempts to entrap petitioner then petitioner in the process of appropriating or keeping
ensued. Petitioner and Mrs. Mutia supposedly agreed the money after it was handed to her.
to meet at the canteen. Some of their officemates —
Mrs. Sevilla and a certain Mrs. Dimaano — joined
them in the canteen. They occupied two square shaped
tables joined together. The petitioner sat at the head of
the table with Mrs. Mutia seated at her left, Mrs.
Dimaano at her (the petitioner’s) right and Mrs. Sevilla
at the right of Mrs. Dimaano. Member of the
Philippine Constabulary (PC) brought along a camera
in order to take photographs of the entrapment. The
marked money was folded altogether. After the money
had been delivered and received, pictures were taken,
one of them depicting the accused held by member of
the PC on the left hand and another showing the
accused also held on the left hand by one of the PC
men, and the complainant, Mrs. Mutia, drinking from
a glass. The petitioner was arrested by the soldiers
despite her objections to the entrapment. She denied
having accepted the supposed bribe money. The case
was brought to the respondent court which ruled that
the crime committed by the petitioner was not Direct
Bribery as defined in Article 210 of the Revised Penal
Code cited in the Information but Indirect Bribery as
defined under Article 211 of the same code.


Whether or not petitioner was properly convicted of

the crime of indirect bribery?