37. Soriano Vs. Sandigang Bayan.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Soriano vs. Sandigangbayan (G.R. No. L-65952)

Facts: The petitioner is Lauro G. Soriano, Jr. The respondents are the Honorable Sandigangbayan and the People of the Philippines. In the case at bar, a certain Thomas Tan was accused of the crime of qualified theft. In the course of the investigation, the herein petitioner demanded P4, 000 from Tan as the price of dismissing the case. After the demand, Tan reported it to the National Bureau of Investigation which set up an entrapment operation. Later on, the petitioner was arrested after receiving the marked money. He was then charged for violating the Section 3, paragraph (b) of the RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act. The petitioner contends that such transaction between him and Tan was not within the meaning of “contract or transaction” contemplated by RA 3019. Nonetheless, the Sandigangbayan then rendered a decision finding him guilty.

Issue: Is the petitioner guilty for violating the Section 3, paragraph (b) of the RA 3019.

Held: The Supreme Court said that the investigation conducted by the petitioner was nor a contract nor transaction. It is not within the purview of “contract or transaction” as contemplated in RA 3019. Hence, he cannot be held liable for violating such provision in RA 3019. However, the Supreme Court said that the petitioner was guilty of the crime of Direct Bribery under RA 3019. For having demanded and received such money for a performance of an illegal act.