G.R. No. 156685 - Marifosque vs. People

On October 13, 1990, at Legazpi City, Police Sergeant Nazario N. Marifosque, petitioner, was charged in an Information with direct bribery under the second paragraph of Article 210 of the Revised Penal Code for demanding, obtaining and/or receiving directly from Yu Su Pong and Hian Hian Sy the amount of ₱5,800 in consideration for recovering eighteen Shellane gas-filled cylinders.
The Information alleged that petitioner took advantage of his official position to demand the money from the victims for the recovery of their property.

Victims Hian Hian Yu Sy and Arsenio Sy reported the robbery of gas cylinders to Captain Alberto Salvo of the CIS, who organized a sting operation.
A payoff of ₱4,800 in marked bills was prepared, and petitioner was to meet the victims at Golden Grace Department Store at 7:00 p.m.
At around 6:15 p.m., CIS officers positioned themselves. Petitioner arrived by tricycle, entered the store, received the wrapped marked money, and upon his exit was immediately arrested on signal.

Hian Hian Yu Sy testified that petitioner initially demanded ₱7,200 but accepted ₱4,800 as all she had, with a promise to return for the balance.
Captain Calvo and other officers corroborated the demand and arrest, noting petitioner’s attempt to return the money upon apprehension.

Petitioner testified that a police asset informed him of the robbery; he relayed this to the victim and to PFC Jesus Fernandez, who dispatched him for investigation.
The asset allegedly requested ₱350 per cylinder as reward; petitioner conveyed this to Yu So Pong, who agreed.
When tanks were recovered at the house of Edgardo Arnaldo, petitioner did not arrest Arnaldo because he promised to lead to more tanks; petitioner thereafter filed a report of recovery.

Asset Elmer Arnaldo, who witnessed the robbery, claimed he reported it early morning, and later discussed a reward of ₱350 per tank with petitioner.
Petitioner gave him ₱1,000 as partial payment and instructed him to return at 6:00 p.m.; at 7:00 p.m., the asset accompanied petitioner to collect the balance, but fled when officers arrested petitioner.

On September 23, 2002, the Sandiganbayan convicted petitioner of direct bribery (Art. 210, second paragraph), sentencing him to an indeterminate term of 3 years, 6 months and 5 days of Prision Correccional (medium to maximum) to 7 years, 8 months and 9 days of Prision Mayor (minimum to medium), and a fine of ₱3,000, plus special temporary disqualification.
The motion for reconsideration was denied on January 3, 2003.

Petitioner filed a Rule 45 petition before the Supreme Court, raising two principal errors concerning the nature of the transaction and the Sandiganbayan’s jurisdictional discretion.

Whether the receipt of money by petitioner, purportedly on behalf of his police asset, constitutes the offense of direct bribery under Article 210, second paragraph, of the Revised Penal Code.
Whether the Sandiganbayan committed grave abuse of discretion amounting to lack of jurisdiction in finding petitioner guilty beyond reasonable doubt of direct bribery.