35. Marifosque Vs. People.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Marifosque vs. People (G.R. No. 156685)

Facts: The petitioner is Nazario N. Marifosque. The respondent is the People of the Philippines. In the case at bar. A certain Hian Hian Yu Sy wento to the Chief of the Intelligence and Operating Division in Region 5 to report the robbery of Shellane tanks at a gasoline station of her father and was allegedly to have been attempted to be extorted by the herein petitioner in exchange of the recovery of the lost times. Hence, Captain Salvo made an entrapment operation. The police asset approached the petitioner and ask if he could get P350 per cylinder tank as his reward money. The petitioner said that such collection of money for cylinder tank was only on behalf of a police asset and that he already have an advance P1,000 to said asset and collecting merely the balance of P4,800.

Issue: Is the petitioner liable for direct bribery

Held: The Supreme Court said that the crime of direct briber needs four elements to concur for conviction. These are: “(1) that the accused is a public officer; (2) that he received directly or through another some gift or present, offer or promise; (3) that such gift, present or promise has been given in consideration of his commission of some crime, or any act not constituting a crime, or to refrain from doing something which it is his official duty to do; and (4) that the crime or act relates to the exercise of his functions as a public officer.” They said that there was no question that the petitioner was a public officer since he was a police sergeant. He also directly received money from Yu So Pong in exchange for the recovery of the stolen cylinder tanks. Hence. He is guilty for said crime.