Republic of the Philippines
SUPREME COURT
Manila
EN BANC
G.R. No. L-3582 November 29, 1950
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,
vs.
EMILIO SANTOS Y BAUTISTA, defendant-appellee.
Asst. Solicitor General Guillermo E. Torres and Solicitor Esmeraldo Umali for plaintiff-appellant.
Emilio Santos Bautista in his own behalf.
TUASON, J.:
This is an appeal from an order of Court of First Instance of Manila dismissing Criminal Case No. 11072 of the court with costs de oficio, on the ground that the offense alleged in the information was without the jurisdiction of the said court.
The accused was charged with attempted bribery in that, it was alleged, he "offered and delivered" to a member of the police force of the City of Manila, "one (1) peso bill, to the end" that the said patrolman "would abstain from complying with his duties as such police officer, that is, to arrest the said accused and to file charge against him "for obstruction of a public street.
A case raising identical question was presented and decided by this Court in Uy Chin Hua vs. Hon. Judge Rafael Dinglasan, 86 Phil., 617. In that case, this Court ruled that the imposable penalty for the attempted crime of bribery is destierro in its minimum and medium periods, the penalty provided for the penalty provided for the consummated crime being arresto mayor in its medium and maximum periods. It was further held that offenses penalized by destierro fall under the jurisdiction of justice of the peace and municipal courts.
Wherefore, the appealed order is affirmed without special findings as to costs.
Feria, Pablo, Bengzon, Padilla, Montemayor, Jugo, and Bautista, JJ., concur.
Moran, C.J., Paras and Reyes, JJ., concur result.
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