THE UNITED STATES, Plaintiff-Appellee, v. ALEJANDRO BAUTISTA, DefendantAppellant.

FACTS:

On the night of Feb 12-13, 1909, Jacinto Escolastico was on duty in Manila Bay
engaged in the special work of preventing smuggling. Two HongKong steamers, the
Tean and Zafiro, were at the time anchored in the bay.
At about 2:00 am Escolastico saw three men in a banca near the ladder or gangway of
the Tean. The banca slipped away and was found by Escolastico hidden under the
bamboo covers of casco with the three men also hidden.
Upon being found by Escolastico, Alejandro Baustista (defendant) approached hum and
offered to pay him 250 pesos if he lets him go. Escolastico testified that Bautista
revealed that the Opium can be found in the bow of the steamer (general storeroom) and
that he was going to get one box or case of opium from the Tean. However, no opium
was found on the Tean.
Bautista was charged with the violation of Section 315 of Act No. 255 known as the
Philippine Customs Administrative Act. A demurer interposed to the information of a
public offense was overrules and Bautista was found guilty and sentenced to
imprisonment for one year in the public carcel at Bilibid, pay a fine of P500 and in case
of insolvency to suffer subsidiary imprisonment.
An application to reopen the case to allow Bautista to offer certain newly discovered
evidence which was denied, this this appeal.
Bautista contended that the court erred in overruling the demurrer and committed grave
abuse of discretion in denying the motion to reopen the case to present new evidence.
He also contended that the information is defective because it does not allege that the
officer/employee who was offered the bribe was on duty at the time and that he had
jurisdiction over the matter involved.
ISSUE:
1. W/N Alejandro violated Section 315 of the Customs Administrative Act
2. W/N the motion to reopen the case was properly denied
HELD:
1. Yes. Every element of the offense was present in his act of promising 250 pesos
to Custom Secret Service Employee Jacinto Escolastico on the condition that he
would be allowed to procure a quantity of opium concealed upon the steamer
Tean in Manila Bay to import to Manila. The fact that the opium was not found
upon the Tean does not deprive the act of Bautista of its criminal character. It is
evident from his own statement that he believed there was opium on the Tean
and it was probable that he was correct.

2. Yes, it was properly denied because the so-called newly discovered evidence
would at most merely show that the opium found floating in the bay had not been
taken from the Tean.
There was no grave abuse of discretion. The judgment and sentence is therefore
affirmed.

** Demurer - an objection granting the factual basis of an opponent's point but

dismissing it as irrelevant or invalid.