Title
People vs Bautista
Case
G.R. No. 5275
Decision Date
Dec 9, 1909
Defendant convicted for bribing a customs officer to facilitate opium importation; appeal denied as evidence and charges were deemed sufficient.
customs officer
import opium
imprisonment

Case Summary (G.R. No. 255258)

Charge and Procedural History

Bautista was initially charged with giving, offering, or promising a bribe in violation of section 315 of Act No. 355. After a demurrer was interposed attacking the information as defective for allegedly failing to state facts constituting a public offense, the trial court overruled the demurrer. Bautista was then tried, found guilty, and sentenced to imprisonment for one year in the public carcel at Bilibid, plus a fine of P500, with subsidiary imprisonment in the event of insolvency.

After judgment, Bautista sought to reopen the case to present newly discovered evidence. The trial court denied the motion. Bautista then appealed, assigning error to the overruling of the demurrer and to the denial of the motion to reopen.

Issue One: Sufficiency of the Information and Alleged Defects

Bautista contended that the trial court erred in overruling the demurrer because the information was allegedly defective. He argued that it did not allege that the officer or employee to whom the bribe was offered was on duty at the time of the alleged offense and that the officer or employee had jurisdiction over the matter involved.

The Court held that the information was sufficient. It reasoned that section 315 of Act No. 355 defines and describes the offense, and that every element of the crime is stated in the statute. Therefore, when the information substantially follows the language of the statute, it clearly apprises the accused of the charge.

The Court quoted and applied the statutory text: section 315 penalizes any person who gives, offers to give, or promises to give money or something of value, directly or indirectly, to any officer or employee of the Government of the Philippine Islands, in consideration of or for any act or omission contrary to law, in connection with or pertaining to the importation or entry of goods, wares, or merchandise, or who attempts to improperly influence such officer or employee as to the performance of official duty.

The Court found that the information in the case alleged that Bautista intentionally, illegally, and feloniously offered and promised money to an officer or employee of the Philippine Government, namely Jacinto Escolastico, described as a member of the customs secret service duly nominated, qualified, and acting, on condition that Escolastico would permit Bautista to procure a quantity of opium concealed upon the steamer Tean anchored in Manila Bay. The information further alleged that Bautista’s purpose was to import the opium into Manila by directly influencing and controlling the officer in the performance of official duties.

Construction of Secret-Service Authority and Pleading Requirements

The Court explained that Act No. 355 penalizes the promise of money made in consideration of an act or omission contrary to law, connected with importation, or any attempt by that promise to influence or control the employee’s performance of official duty.

In addressing the contention about duty and authority, the Court relied on the statutory framework governing customs enforcement. It explained that the landing of the opium would have violated the general customs law and Act No. 1761. It then described the role of the Insular Collector, who, under Act No. 355 (sections 19, 25, and 320) and Act No. 778, was tasked with enforcing laws relating to commerce, navigation, and immigration, and who was authorized to appoint agents and confer arrest authority.

The Court then emphasized that section 20 of Act No. 367 expressly authorized secret-service agents as part of the customs service. These agents were public officials charged by law with the duty of detecting and preventing breaches of the customs law, citing U.S. vs. Tan Gee, 7 Phil Rep., 738-741. With respect to criminal pleading, the Court invoked the liberal rules of criminal pleading prevailing at the time and held that the powers and duties of the secret-service agents sufficiently appeared in the description used in the information. Accordingly, the demurrer was properly overruled.

Issue Two: Denial of the Motion to Reopen on Alleged Newly Discovered Evidence

Bautista also argued that the trial court abused its discretion in denying the motion to reopen. He characterized the requested evidence as newly discovered and sought reopening to present it.

The Court assessed the nature and effect of the proffered evidence. It ruled that the trial court properly denied reopening because the supposed newly discovered evidence would, at most, have shown that the opium floating in the bay had not been taken from the Tean. The Court held that even if admitted, such facts would not necessarily have compelled a different conclusion on Bautista’s guilt.

Trial Evidence and the Court’s Evaluation of Criminal Liability

The Court narrated the material facts presented at trial. On the night of February 12-13, 1909, Jacinto Escolastico was on duty in Manila Bay within the two hundred twelve-mile limit of the city, engaged in special work to prevent smuggling. Two Hongkong steamers, Tean and Zafiro, were anchored in the bay. Around two o’clock in the morning, as Escolastico’s launch circled near the vessels, he observed three men in a banca near the ladder or gangway of the Tean. When Escolastico’s launch approached, the banca slipped away among cascoes and lighters, and after about a half-hour search, Escolastico located the banca hidden under the bamboo covers of a casco. The three men concealed themselves in the bottom of the casco.

After Escolastico’s discovery, Bautista approached Escolastico and offered money if he would permit Bautista to obtain contraband opium from the Tean. Escolastico testified that Bautista asked him to let him go and offered P250 if he would allow the retrieval of the contraband. Escolastico explained that when his chief learned of it, it would lead to punishment, and the conversation proceeded in detail. Bautista told Escolastico the opium was in the bow of the steamer, in the general storeroom among the cargo, and he proposed that Escolastico wait for him the next day at the office of Smith, Bell & Co. Alternatively, they could meet elsewhere. Escolastico did not agree. Escolastico then took Bautista to the customs secret service office, where he delivered him to his immediate chief, Mr. Keith.

The Court further noted corroboration by Carlos Tuazon, the engineer of the motor boat, who overheard the conversation. At the office, Bautista admitted in the presence of Joseph Keith that he knew there was opium on board the Tean and stated that he had made arrangements with a secret-service agent of the custom-house to allow him to land the opium.

Although no opium was found upon the Tean during her stay in Manila, the Court observed that by about six o’clock the next morning, four large tins of opium were found floating in the bay some distance from the Tean. The Court held that the absence of opium on the Tean did not deprive Bautista’s act of criminal character. It emphasized that Bautista, from his own statements, believed there was opium on the Tean and that it was probable the belief was correct. It treated the offer and promise to influence a secret-service officer in connection with importation as the punishable conduct under section 315, not the ultimate success of landing contraband.

Disposition and Costs

The Court concluded that there was no abuse of discretion in denying the motion to reopen, and it sustained the conviction. It affirmed the judgment and sentence, and it ordered costs against the defendant. The decision was stated to be concurred in by Arellano, C.J., Torres, Mapa, Johnson, Carson, and Moreland, JJ.

Legal Basis and Reasoning

The Court’s reasoning proceeded on two main pillars. First, it treated the information

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