Case Digest (G.R. No. 6427)
Facts:
United States v. Constancio Flores, G.R. No. 6427, March 23, 1911, the Supreme Court En Banc, Moreland, J., writing for the Court (Arellano, C.J., Mapa, Carson, and Trent, JJ., concurring). The plaintiff-appellee was the United States and the defendant-appellant was Constancio Flores, a municipal policeman detailed to the department of secret service.Flores was prosecuted in the Court of First Instance of the Province of Cebu (Hon. Adolph Wislizenus presiding) on an information charging that on or about December 13, 1909, in Cebu, he, being a member of the municipal police, "maliciously and criminally demanded and obtained from the Chinaman Chan Cam the sum of P25, as a consideration for the said Constancio Flores abstaining, as he did abstain, from complaining against and arresting the said Chan Cam for a violation of Act No. 1761; that the accused, in the performance of the duties of his office as such policeman, should have complained against and arrested the said Chan Cam." The trial court convicted Flores of bribery and sentenced him to four months and twenty days arresto mayor, a fine of P65 with subsidiary imprisonment in case of insolvency, and costs.
Flores appealed the conviction to the Supreme Court. On review the Court examined prior decisions construing distinctions among bribery (Article 383, Penal Code), offenses under Section 19 of Act No. 175, estafa (Article 535) and robbery, citing decisions including United States v. Buenaventura, United States v. Fulgencio, United States v. Jader, and United States v. Smith. After analyzing the facts and p...(Pro-only)
Issues:
- Did the evidence support a conviction for bribery as charged in the information?
- If the proof established a different offense (robbery or an offense under Section 19 of Act No. 175), may the accused be convicted of that offense where the informa...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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