Case Digest (G.R. No. 160876) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines vs. Rubin Tad-y y Babor (G.R. No. 148862, August 11, 2005), petitioner Rubin Tad-y, a structural analyst and engineer at the Bacolod City Office of the City Engineer (OCE), and co-accused Nestor Velez, a building inspector, were charged with direct bribery under Article 210 of the Revised Penal Code in an Information filed July 26, 1995 before the Municipal Trial Court in Cities (MTCC), Criminal Case No. 57216. The prosecution claimed that on July 24, 1995, Tad-y, motivated by corrupt intent, solicited and received a marked P4,000.00 from Julio Encabo, electrical contractor and representative of Mildred Wong, in exchange for his signing the permit for occupancy of the six-storey Atrium Building in Bacolod City. Encabo, acting under a PNP Criminal Investigation Service (CIS) entrapment operation, handed Tad-y a white envelope of P100 bills bearing ultraviolet powder while Tad-y’s co-accused Velez was present. Tad-y was photographed in his OCE uniform, Case Digest (G.R. No. 160876) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Charged Offense and Information
- On July 26, 1995, the MTCC of Bacolod City filed Criminal Case No. 57216 charging Engineers Rubin Tad-y and Nestor Velez with direct bribery under Article 210, RPC.
- The Information alleged that on July 24, 1995, as City Engineer’s Office (OCE) officers, they solicited and received P4,000 from contractor Julio Encabo (representing owner Mildred Wong) in exchange for signing/approving the building occupancy permit for the 6-storey Atrium Building.
- Prosecution Evidence
- Entrapment Operation – PNP CIS Officer Muñoz marked and dusted with UV powder forty P100 bills, placed them in a white envelope, and instructed Encabo to deliver it to Tad-y at Andre’s Bakeshop after a final inspection.
- Inspection and Delivery – On July 24, 1995, Tad-y and Velez inspected the building; at the bakeshop Tad-y signed a certificate of final inspection and took the envelope. Encabo signaled by placing his glasses on his collar. Police arrested Tad-y and Velez; UV powder was detected on Tad-y’s right forearm.
- Defense Case
- Tad-y denied demanding or knowing the envelope contained money, insisting he believed it held pending certificates and that he only signed a final inspection form (not an occupancy certificate). He immediately passed the envelope to Velez.
- Velez corroborated Tad-y’s account, stating he thought the envelope contained documents; police forced him to open it and to bring it to Tad-y, who resisted touching it.
- Procedural History
- MTCC convicted Tad-y of direct bribery (2 years 4 months to 3 years prision mayor; P8,000 fine) and acquitted Velez.
- RTC affirmed with modified penalty (4 months arresto mayor to 1 year 8 months 21 days prision correccional).
- CA affirmed the RTC decision. Tad-y’s motion for reconsideration was denied.
- This petition for certiorari was filed with the Supreme Court.
Issues:
- Whether the prosecution proved beyond reasonable doubt all essential elements of direct bribery under Article 210, RPC.
- Whether signing a certificate of final inspection (instead of a certificate of occupancy) constitutes performance of an official act connected to Tad-y’s duties.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)