Case Summary (G.R. No. 8168)
Charges and Sentences
Gimenea was convicted of bribery under Article 382 of the Penal Code, receiving a sentence of imprisonment for one year and three months, a fine of P200, and mandated accessory penalties. In contrast, Sarosad and Senieres were sentenced to three months of arresto mayor and fines of P100 each. The latter two withdrew their appeals, leading to the sole focus on Gimenea's case.
Prosecution's Evidence
The prosecution presented testimonies from Cabilao, his son-in-law Marcelino Perez, and his sons, asserting that a financial arrangement had been made with Gimenea for the escape. On separate occasions, Cabilao indicated he was to give Gimenea various sums of money (P10 initially and P90 later) to facilitate his escape from the hospital. The plan included instructions from Gimenea to Perez to deliver the money under the guise of bringing tobacco for Cabilao.
Defense's Position
The defense introduced testimonies from Constabulary soldiers, including Gimenea, asserting that Cabilao had attempted to escape but had been apprehended without the assistance of the defendants. Gimenea acknowledged borrowing P10 from Perez but denied any connivance surrounding the escape or the acceptance of bribes on the specified dates. The defense contended that the prosecution's witnesses presented inconsistent testimony regarding the amounts involved.
Rebuttal and Conclusion
In rebuttal, the prosecution introduced Victorino Ranas (alias Aranas), a Constabulary soldier who corroborated the prosecution's account by confirming he collected the P10 from Perez for Gimenea, thus supporting the bribery claim. The court found no significant inconsistencies in the testimony of the prosecution witnesses but did acknowledge contradictions in the defense's arguments.
Legal Framework
The court explored the implications of Article 382 of the Penal Code regarding public officials accepting gifts for committing injustices. Consequently, given the defendants' duties to ensure the quarantine of Cabil
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Case Overview
- The case revolves around the conviction of Francisco Gimenea and two other members of the Constabulary for bribery under Article 382 of the Philippine Penal Code.
- The conviction was handed down by the Court of First Instance of Cebu, with Gimenea receiving a sentence of one year and three months of presidio correccional, a fine of P200, and additional penalties, while the other two defendants received shorter sentences.
Background of the Case
- Escolastico Cabilao, a leprosy-afflicted individual, was being held in quarantine at a hospital in Cebu prior to his transport to the Culion leper colony.
- Gimenea, who was responsible for guarding the leprous individuals, allegedly agreed to facilitate Cabilao's escape in exchange for money.
Testimonies and Evidence
- Witnesses for the prosecution included Cabilao, his son-in-law Marcelino Perez, and his sons, who testified that Gimenea was involved in arranging Cabilao's escape for a fee.
- On April 17, P10 was del