39. Pozar Vs Ca.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Pozar vs. CA (G.R. No. L-62439)

Facts: The petitioner is Gregory James Pozar. The Respondent is the Honorable Court of Appeals. In the case at bar, the petitioner was an applicant for probation. He went to the office looking for a Probation Officer named Danilo Ocampo. Since the latter was not around at that time. Two days later, he was able to give such envelope to the said Ocampo which contained some official papers connected with the appellant’s application for probation and attached thereto was a P100 bill. Such bill was given under the circumstance which would make the receiving public officer liable for bribery. He was then charged for violating the Article 212 of the Revised Penal Code and was found to be guilty.

Issue: Is the petitioner liable for Corruption of Public Officials.

Held: The Supreme Court said that the circumstance attending the alleged commission of the crime would not show that the petitioner is guilty. The said petitioner is a foreigner, and is unfamiliar with the said transaction. Such bill might be for advancing the expenses of whatever documentation might be needed in the application for probation. Hence, the Supreme Court acquitted such person for the crime of corruption of public officials.