ARTICLE 8

Conspiracy and Proposal to Commit Conspiracy

U.S. vs. GLORIA

4 Phil. 341 | G.R. No. 1740, March 27, 1905
CARSON, J.:

FACTS: Julio Gloria, the defendant, was charged in the Court of First Instance of
Pangasinan with an “attempt” to commit bribery. Having lost at the municipal elections,
Gloria filed a protest against the confirmation of the election of the winning candidate.
While Gloria’s protest was being considered, he approached the treasurer of Pangasinan
and offered the latter 200 pesos in exchange for “lending his (the Treasurer’s) aid and
support to the said protest.”

ISSUE: Whether or not the act was considered an offense defined and penalized in the
Penal Code

HELD: Yes. The aforementioned act was considered an “overt act”. The act was not
consummated not because of the defendant’s own voluntary desistance but because of
the refusal of the public official to accept the bribe. Therefore, it can be counted as an
“attempt”, which is clearly defined and penalized in the said code.