G.R. No. 8168 - People vs. Gimenea

Francisco Gimenea, a sergeant of the Constabulary, alongside privates Clemente Sarosad and Urbano Senieres, were charged with bribery under article 382 of the Penal Code.
The incident occurred while they were on duty in a hospital in Cebu, tasked with ensuring the quarantine of Escolastico Cabilao, a leper awaiting transportation to Culion.

Escolastico Cabilao, a resident of Cebu afflicted with leprosy, was detained in a hospital by the Insular Bureau of Health pending his transfer to the Culion leper colony.
During his confinement, an escape attempt was made by Cabilao, which resulted in a series of interactions involving detained lepers, their relatives, and the soldiers on guard.

An arrangement was allegedly made between Gimenea and Cabilao for the latter’s escape from the hospital.
On the evening of April 17, during a delivery of supper by Cabilao’s relatives, it was arranged that they should hand over P10 as part of the agreed facilitation for his escape.
The transaction involved a soldier (Victorino Ranas, alias Aranas) who was directed by Gimenea to collect the money in the presence of witnesses at the house of Perez, a relative of Cabilao.
A subsequent instruction on April 18 involved the delivery of P90, with similar arrangements that included a ruse involving tobacco as an excuse for interacting with the confined patient at a prohibited time.

The prosecution presented various testimonies—including those of Escolastico Cabilao, his son-in-law Marcelino Perez, and his sons Castor and Emeterio Cabilao—which identified the monetary exchanges and the involvement of Gimenea.
Defense witnesses, including fellow Constabulary soldiers and the defendants themselves, gave accounts that partly confirmed the events (such as the presence of the accused at the time of the escape attempt) while contesting specific details like the precise dates and the nature of orders received.
Notably, Victorino Ranas corroborated that on April 17 he was instructed by Gimenea to collect P10 from Perez in the presence of several witnesses, aligning with the Cabilao relatives’ account.

The lower court convicted the accused under article 382 of the Penal Code, which penalizes a public officer who agrees to commit an injustice in connection with his official duties in return for any gift or promise.
The case also involved the application of Act No. 1711, particularly section 1, which charges public officials with the detention and transfer of lepers, and section 6, which prescribes penalties for violations of these provisions.

All defendants initially appealed. While the appeals of privates Sarosad and Senieres were withdrawn—rendering their judgments final—only the appeal of Francisco Gimenea was considered by the Supreme Court.
The case was ultimately remanded for modification of the sentence for Gimenea based on the evidence and application of the pertinent legal provisions.

Whether Francisco Gimenea, as a public officer, unlawfully accepted money in exchange for assisting in the escape of a detained leper.

The crux was to determine if there was an agreement for his assistance that constituted a criminal act.

Whether the actions of Gimenea amounted to a violation of his legal duties under Act No. 1711, particularly his responsibility to ensure the proper confinement of individuals under quarantine.
Whether the acceptance of the P10 and subsequent P90 payments established the requisite element of bribery under article 381 of the Penal Code.
The significance of reconciling differing witness testimonies regarding the timeline and nature of agreements between the parties in establishing culpability.