Marisfosque v People

Marisfosque v People

GR No. 156685, 27 July 2004

Ynares-Santiago, J.:

FACTS:

        In the afternoon of 13 Oct 1990, Hian Hian Yu Sy and her husband Arsenio Sy went to the office of Captain Alberto Salvo, Chief of the Intelligence and Operating Division of Region 5, to report the robbery of Shellane tanks at the gasoline station of her father, Yu So Pong, and the alleged extortion attempted by petitioner, Police Sergeant Narciso Marifosque, in exchange for the recovery of the lost items for P7,200 but was bargained for P4,800. An entrapment was set up by Capt. Salvo which was scheduled at 7 in the evening of that day in Golden Grace Dept. Store which was owned by Yu So Pong.

        Marifosque arrived on a tricycle, went inside and demanded the money.  Private petitioners handed the marked money wrapped in a newspaper.  When Marifosque stepped out, Arsenio Sy gave the signal and the arresting operatives swooped down and arrested him.

Marifosque:

        In the morning of 13 Oct 1990, a police asset came to his house and reported that he witnessed a robbery at the gasoline station of Yu So Pong.  Thereafter, petitioner and Yu So Pong proceeded to the police station to report the robbery to PFC Jesus Fernandez.  Pat. Garcia conducted the investigation.  The asset approached petitioner and ask, by way of reward, to be given P350 per cylinder tank.  The messaged was relayed to Yu So Pong who was amenable if that was the only way to recover the cylinders.

        The police investigators went to the house of Edgardo Arnaldo in Legazpi City where they found the tanks.  Petitioner did not arrest Arnaldo at that time because he promised to lead them to the other tanks.  Upon return to the police station, petitioner made the written report regarding the recovery of the tanks.

Elmer Arnaldo:

        Worked as an asset of the Legazpi City police force.  At dawn of 13 Oct 1990, he went out to buy bread and saw three individuals stealing gas cylinders in the nearby gasoline station.  He later visited petitioner and reported the robbery and went back to his house to feed the chickens.  Petitioner gave him P1,000 as a reward and was told to return in the evening for the remainder.

        The Sandiganbayan rendered a decision convicting petitioner of direct bribery sentencing him to an imprisonment of 3 years, 6 months and 5 days of prisión correccional medium and maximum periods as the Minimum and 7 years, 8 months and 9 days of prisión mayor minimum and medium periods as the maximum and a fine of P3,000.

ISSUE:

        W/N the act of petitioner receipt of the sums of money for delivery to his asset constitutes an offense defined and penalized under second paragraph of Art. 210.

HELD:

        Yes.  Petitioner anchors his contention of innocence to the fact that he was not the one who asked for reward from private complainant but the asset; that the private complainant had no direct knowledge of the alleged transaction; that Yu So Pong was agreeable to the request.  The Court held that petitioner cannot profess good faith since all the indicia points to his guilt and malicious intent.

Petitioner did not introduced his asset to the private complainant.  He made no attempt to present his asset to explain and justify his receipt of the reward money, but rather accepted his arrest and investigation with an air of resignation, which is characteristic of a culprit who is caught red-handed.

Petitioner’s solicitous and overly eager conduct in pursuing the robbery incident betrays an intention not altogether altruistic.  At the time petitioner was notified by his asset of the robbery incident, he was no longer on duty, having been assigned to the night shift the day before. He was too overzealous to meet with Yu So Pong although the case was already assigned to another police investigator.

Petitioner did not apprehend Edgardo Arnaldo or invite him for investigation although the cylinder tanks were found in his possession. His flimsy excuse that the latter promised to deliver additional cylinder tanks is unworthy of credence considering that, as a police officer with years of experience, he should have known that the proper action, under the circumstances, was to at least invite him to the police precinct for investigation.  Curiously, the prime suspect Edgardo Arnaldo turned out to be the brother of petitioners police asset.

        Elements of direct bribery [PA-CURE]:

1. The offender is a public officer;
2. The offender accepts an offer or promise or receives a gift or present by himself or through another;
3. Such offer or promise be accepted or gift or present be received by the public officer with a view to:
   1. committing some crime;
   2. in consideration of the execution of an act which does not constitute a crime but the act must be unjust;
   3. to refrain from doing something which it is his official duty to do;
4. The act which the offender agrees to perform or which he executes is connected with the performance of his official duties.

        The petition is denied and the decision of the Sandiganbayan is affirmed with modification that the fine be increased to P18,000.