G.R. No. L-19573 - Vicente Estorque vs. Estorque

The case is an appeal from a judgment of the Court of First Instance of Manila rendered on November 25, 1905.
The trial court convicted both accused, Tan Gee and Luis Ortiz de Taranco Vy Chavo, for bribery, sentencing each to three months imprisonment, a fine of 400 dollars, and imposing an order for the confiscation of money offered in the bribe.
The trial court also ordered the payment of one-half of the costs.

The steamer Don Engracio arrived at the port from Zamboanga on October 27, 1905.
Onboard were two Chinamen: Tan Gee, coming from Cotabato, and Luis Ortiz de Taranco Vy Chavo, coming from Jolo.
Upon disembarkation at the customs landing, the two were stopped by Juan Silerio, an agent of the customs secret police.

Juan Silerio requested Tan Gee to produce his certificate of entrance, which Tan Gee did not possess.
In response, Luis Ortiz de Taranco Vy Chavo offered and handed over 40 pesos (composed of various bills) to the customs agent as a bribe intended to enable Tan Gee to avoid the formalities of customs inspection or arrest.
Instead of accepting the bribe for illicit gain, the customs agent detained Tan Gee and subsequently reported the bribery attempt involving Luis Ortiz de Taranco Vy Chavo.

The money offered as a bribe was initially deposited at the custom-house and later, under court order, with the court.
The offense charged was categorized as bribery under article 387 of the Penal Code in relation to article 383, intended to influence a public official to abstain from performing his duty.

The trial court’s finding of the offense under section 333 of the Customs Administrative Act was challenged, as the bribery attempt pertained not to customs officials in the strict sense of that act, but to an official exercising powers under Act No. 702 of the Philippine Commission.
Juan Silerio’s role as a secret-service agent was validated by Act No. 367, section 20, which authorized his appointment for detecting infractions.

The court determined that while the act was criminal in nature, it amounted only to an attempt to commit bribery, not consummated bribery.
The distinction between consummated bribery (punishable by arresto mayor) and attempted bribery (punishable by a lesser fine) was pivotal in the decision.

Whether the offense should be charged under the provisions of the Customs Administrative Act (section 333) or under the Penal Code (articles 387 and 383) regarding bribery.
The proper classification of the act as attempted bribery versus consummated bribery.

Whether the act committed by Luis Ortiz de Taranco Vy Chavo, offering a bribe to a public official, fulfilled the elements of bribery even though it was only an attempt.
The legal effect of the public official’s lawful appointment and his authority in influencing the characterization of the offense.

Determining the correct penalty applicable for attempted bribery compared to the penalty for consummated bribery, particularly in the context of the Penal Code and relevant articles addressing lesser punishments for attempt.