Professional Documents
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Garcia
June 25, 2001| Per Curiam | Statutory Rules of Exclusion
PETITIONER: Cong. Manuel N. Mamba, M.D., Atty. Francisco N. Mamba, Jr., Hon. Guillermo Sumigad, etc.
RESPONDENT: Judge Dominador L. Garcia, MTC Tuao, Cagayan
SUMMARY: Police Inspector Salvador asked Bulatao to give him P6,000, initially P30,000, in exchange
for the withdrawal of a complaint for illegal possession of firearms filed against the latter. The case was
raffled to Judge Garcia. Bulatao reported to this to the NBI. NBI set out to entrap Salvador and Judge
Garcia, and gave Bulatao a tape recorder. During the entrapment, it was discovered that Judge Garcia
allowed representatives of Salvador and Bulatao to fulfill their settlement inside his chambers. SC
found that although the tape-recoreded conversation is not admissible in evidence, the NBI report and
testimonies of MTC personnel prove that Judge Garcia cooperated with Salvador and the 2 police officers
in the consummation of the crime of bribery.
DOCTRINE: The Anti-Wiretapping Law covers even those conversations recorded by persons privy to the
private communications. Violation of the Anti-Wiretapping Law renders evidence inadmissible.
FACTS:
1. On August 23, 1996, a complaint for violation of
PD 1866 (illegal possession of firearms) was filed
against a certain Renato Bulatao by the Cagayan
Provincial Police Command before the sala of
respondent Judge Dominador L. Garcia.
RATIO:
1. The Anti-Wiretapping Law covers even those
conversations recorded by persons privy to the
private communications, as in this case. Thus, the
contents of the tape recorder cannot be relied upon
to determine the culpability of the judge.
1 To constitute bribery, it must be shown that: (1) the offender is a public officer
within the scope of Article 203 of the Revised Penal Code; (2) the offender
accepts an offer or a promise or receives a gift or present by himself or through
another; (3) such offer or promise is accepted, or gift received by the public
officer (a) with a view to committing some crime; (b) in consideration of the
execution of an act which does not constitute a crime, but which is unjust; or (c)
to refraim from doing something which it is his official duty to do; and (4) the act
which he agrees to perform is connected with the performance of his official
duties.