Sandiganbayan convicts Manila traffic enforcer for direct bribery
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Sandiganbayan convicts Manila traffic enforcer for direct bribery
MANILA – The Sandiganbayan has affirmed with modification the conviction of a traffic enforcer of the Manila Traffic and Parking Bureau.
MANILA – The Sandiganbayan has affirmed with modification the conviction of a traffic enforcer of the Manila Traffic and Parking Bureau.
In a September 22,2023 decision, the Manila Regional Trial Court Branch 21 found Joselito Garcia guilty beyond reasonable doubt for violation of Section 3(b) of the Anti-Graft and Corrupt Practices Act.
In a September 22,2023 decision, the Manila Regional Trial Court Branch 21 found Joselito Garcia guilty beyond reasonable doubt for violation of Section 3(b) of the Anti-Graft and Corrupt Practices Act.
Based on the Information dated March 10, 2020, Garcia received P27,000 from truck operator Salvador Jecino for the "non-apprehension of his 18 trucks" on February 21, 2020. He was sentenced to an indeterminate penalty of imprisonment of a minimum of one year to a maximum of five years.
Based on the Information dated March 10, 2020, Garcia received P27,000 from truck operator Salvador Jecino for the "non-apprehension of his 18 trucks" on February 21, 2020. He was sentenced to an indeterminate penalty of imprisonment of a minimum of one year to a maximum of five years.
In a 31-page decision promulgated on January 20, the First Division denied Garcia's appeal seeking a reversal of the Manila Court's decision. Instead, the anti-graft court modified the decision and convicted him of direct bribery.
In a 31-page decision promulgated on January 20, the First Division denied Garcia's appeal seeking a reversal of the Manila Court's decision. Instead, the anti-graft court modified the decision and convicted him of direct bribery.
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"This Court finds that Garcia's act of providing protection in favor of Jecino by suspending the enforcement of traffic laws in exchange for personal pecuniary consideration can hardly be considered as 'contract or transaction' as defined under Section 3(b) of R.A. No. 3019 because no monetary consideration, as in credit transaction, is involved," it said.
"This Court finds that Garcia's act of providing protection in favor of Jecino by suspending the enforcement of traffic laws in exchange for personal pecuniary consideration can hardly be considered as 'contract or transaction' as defined under Section 3(b) of R.A. No. 3019 because no monetary consideration, as in credit transaction, is involved," it said.
"That said, Garcia cannot be convicted of violating 3(b) of R.A. No. 3019. This notwithstanding, this Court believes and so holds that Garcia is liable for violating Article 210 of the Revised Penal Code (RPC)," it added.
"That said, Garcia cannot be convicted of violating 3(b) of R.A. No. 3019. This notwithstanding, this Court believes and so holds that Garcia is liable for violating Article 210 of the Revised Penal Code (RPC)," it added.
The Sandiganbayan sentenced Garcia to an indeterminate penalty of one year, eighth months and 21 days of prision correctional as a minimum and five years, five months and 11 days as maximum.
The Sandiganbayan sentenced Garcia to an indeterminate penalty of one year, eighth months and 21 days of prision correctional as a minimum and five years, five months and 11 days as maximum.
Garcia is likewise ordered to pay a fine of P81,000 with special temporary disqualification from holding public office.
Garcia is likewise ordered to pay a fine of P81,000 with special temporary disqualification from holding public office.
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