G.R. No. 261084 - Leo I. Gerunda vs. People

Leo I. Gerunda (Gerunda), the petitioner, and Atty. Aurelio M. Diamante, Jr. (Atty. Diamante) were public officers at the Registry of Deeds of the Province of Negros Oriental, Dumaguete City.
Both were charged with direct bribery under Article 210, paragraph 2 of the Revised Penal Code for conspiring to demand and receive Php 50,000.00 from Atty. Federico C. Cabilao, Jr. (Atty. Cabilao) in exchange for the immediate issuance of a certificate of title over Lot 767 in Sibulan, Negros Oriental.

On September 6, 2012, Atty. Cabilao went to the Registry of Deeds of Negros Oriental to process the issuance of a new owner’s copy of a lost title for Toyota Motors Cebu.
Gerunda introduced Atty. Cabilao to Atty. Diamante, the Acting Registrar.
On September 12, 2012, during a meal, Atty. Diamante revealed his need for a Toyota service vehicle and sought assistance from Atty. Cabilao regarding possible payment arrangements.
A financial arrangement was proposed where Atty. Cabilao would pay the difference for a Toyota Vios on condition that Atty. Diamante facilitate the transfer of the certificate of title.

On September 14, 2012, Atty. Cabilao sent Php 50,000.00 to Gerunda to be given to Atty. Diamante, with instructions to release the money only after the title had been signed.
Upon learning from Gerunda that the title remained unsigned, Atty. Cabilao instructed him to return the money, which was done on September 15, 2012.
On September 20, 2012, after assurances from Atty. Diamante, Atty. Cabilao again sent Php 50,000.00 to Gerunda, who delivered it to Atty. Diamante.
The certificate of title was never signed by Atty. Diamante and was eventually signed by his successor after Atty. Cabilao processed it again.

Atty. Diamante denied receiving the money, claiming that he refused a bribe left on his table.
Gerunda admitted receiving Php 50,000.00 from Atty. Cabilao and handing it to Atty. Diamante, explaining he was merely obeying orders as Atty. Diamante was his superior and Atty. Cabilao was a friend to the Regional Director.

The RTC found both Atty. Diamante and Gerunda guilty beyond reasonable doubt of direct bribery as co-principals.
The Court of Appeals (CA) affirmed the conviction but reclassified Gerunda’s liability from co-principal to accomplice, lowering his penalty accordingly.

Whether the Information was fatally defective for failing to allege the specific acts that would make Gerunda guilty as an accomplice.
Whether the requisites to hold Gerunda liable as an accomplice were sufficiently established by the prosecution.
Whether the penalty imposed on Gerunda was proper considering his role as accomplice.