Case Name; Manipon Jr. Sandiganbayan G.R. No. L-58889 July 31, 1986 Case Number: 10 Digested by: Gawaran, Chester Paul E Doctrine: Direct bribery penalized under Article 210 of the Revised Penal Code. Facts: Nathaniel S. Manipon, Jr., a deputy sheriff of the Court of First Instance of Baguio City and Benguet, Branch IV, was assigned to enforce an order of the Minister of Labor dated October 31, 1979 directing the Sheriff of Baguio City orhis deputy to execute the decision of the labor arbiter in the case of "Longag Tabek, et al vs. Hary Dominguez etal” and to make a retum within thirty (30) days fram said date. The labor arbiter’s decision ordered Hary Dominguez, to pay Longog Tabek and the other judgment creditors the amount of P2,720.00 with interest, as the balance of their work contract, Pursuant to that assignment, Manipon sent a notice to the Commercial Bank and Trust branch gamishing the bank accounts of Dominguez. Manipon did not inform the labor arbiter of the gamishment nor did he exert efforts to immediately satisfy the judgment under execution, Dominguez sought Manipon's help in the withdrawal of the gamished account. Manipon told Dominguez that the money could not be withdrawn, Manipon told Dominguez that he “can remedy the withdrawal so they will have something for the New Year." Dominguez interpreted this to mean that Manipon would withdraw the gamished amount for a consideration. Dominguez agreed and they arranged to meet at the bank later in the afternoon. After Manipon left, Dominguez confided the offer to NISA Sub-Station Commander Luisito Sanchez. They then hatched up a plan to entrap Manipon by paying him with marked money the next day. Manipon was seized by the NISA operatives with the marked money. Originally, Manipon was charged with violation of Presidential Decree No. 46 for having demanded and received 1,000.00 from Dominguez, a private individual, for a favor extended by him by not enforcing the gamishment order issued to Comtrust which was his official duty. However, the charge was changed to direct bribery under the Revised Penal Code. Itis the theory of the defense that the P1,000.00 Manipon collected from Dominguez was not a bribe but a payment in partial satisfaction of the judgment under execution to which the judgment creditors headed by Longog Tabek had agreed. Issue: WON Manipon is guilty of the charge of direct bribery? Held: Yes, Manipon’s guilt for the crime of direct bribery has been proved beyond reasonable doubt. ‘The crime of direct bribery as defined in Article 210 of the Revised Penal Code consists of the following elements: (1) that the accused is a public officer; (2) that he received directly or through another some gift or present, offer or promise; (3) that such gift, present or promise has been given in consideration of his, commission of some crime, or any act not constituting a crime, or to refrain from doing something which it is his official duty to do, and (4) that the crime or act relates to the exercise of his functions as a public officer. The promise of a public officer to perform an act orto refrain from doing it may be express or implied Dispositive Position: WHEREFORE, in view of the foregoing, the instant petition is denied for lack of efit, with costs against petitioner-accused Nathaniel Manipon, Jr. The decision of the Sandiganbayan dated September 30, 1981 is affirmed,