Title
Balderama vs. People
Case
G.R. No. 147578-85
Decision Date
Jan 28, 2008
LTO employees convicted of direct bribery and graft for extorting "protection money" from a taxi operator; recantation affidavit dismissed.

Case Digest (G.R. No. 147578-85)
Expanded Legal Reasoning Model

Facts:

  • Consolidation and Parties
  • Rolando L. Balderama and Rolando D. Nagal, petitioners, employed by the Land Transportation Office (LTO) Field Enforcement Division (“Flying Squad”).
  • Respondent Juan S. Armamento, taxi operator, and the People of the Philippines.
  • Underlying Incident and Complaint
  • July 14, 1992: Flying Squad impounded Armamento’s taxi for a purportedly defective meter, later found to be functioning normally.
  • December 2, 1992: Armamento filed a complaint with the Ombudsman alleging that from February 15 to June 15, 1992, petitioners and co‐accused demanded and received P300 every 15th and 30th day as “protection money.”
  • Prosecution and Trial Proceedings
  • The Ombudsman filed nine (9) Informations for direct bribery under Article 210, Revised Penal Code (RPC), and one (1) Information for violation of Section 3(e), Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act).
  • Arraigned June 30, 1994; petitioners pleaded not guilty; suspended pendente lite for 90 days.
  • March 5, 1999: Co-accused de Jesus died; cases against him dismissed.
  • November 17, 2000: Sandiganbayan convicted Balderama and Nagal of direct bribery in seven counts and of Sec. 3(e), RA 3019, in one count; acquitted in two counts; imposed prison terms, fines, disqualifications, restitution (P300) and indemnity (P1,500).
  • March 20, 2001: Sandiganbayan denied motions for reconsideration (conspiracy finding) and new trial (recantation affidavit).

Issues:

  • Whether the prosecution proved beyond reasonable doubt the elements of direct bribery under Art. 210, RPC.
  • Whether the accused acted in conspiracy in soliciting protection money.
  • Whether the complainant’s post-conviction recantation affidavit warranted a new trial.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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