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    US v. Basa

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    Neil Subac
    The defendant, who was a member of the municipal council, submitted a proposal to provide street lamps to the municipality. However, the proposal was never accepted. The court held that this did not violate a law prohibiting municipal officers from being interested in contracts with the municipality, as the defendant never became interested in an actual contract. The submission of a proposal that was not accepted did not constitute an "attempt" under the penal code. The defendant was acquitted of the charges.

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    US v. Basa

    Uploaded by

    Neil Subac
    18 views2 pages
    The defendant, who was a member of the municipal council, submitted a proposal to provide street lamps to the municipality. However, the proposal was never accepted. The court held that this did not violate a law prohibiting municipal officers from being interested in contracts with the municipality, as the defendant never became interested in an actual contract. The submission of a proposal that was not accepted did not constitute an "attempt" under the penal code. The defendant was acquitted of the charges.

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    CRIMINAL LAW CASE

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    The defendant, who was a member of the municipal council, submitted a proposal to provide street lamps to the municipality. However, the proposal was never accepted. The court held that this did not violate a law prohibiting municipal officers from being interested in contracts with the municipality, as the defendant never became interested in an actual contract. The submission of a proposal that was not accepted did not constitute an "attempt" under the penal code. The defendant was acquitted of the charges.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    18 views2 pages

    US v. Basa

    Uploaded by

    Neil Subac
    The defendant, who was a member of the municipal council, submitted a proposal to provide street lamps to the municipality. However, the proposal was never accepted. The court held that this did not violate a law prohibiting municipal officers from being interested in contracts with the municipality, as the defendant never became interested in an actual contract. The submission of a proposal that was not accepted did not constitute an "attempt" under the penal code. The defendant was acquitted of the charges.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    FIRST DIVISION

    [G.R. No. L-3540. March 19, 1907. ]

    THE UNITED STATES, Plaintiff-Appellee, v. JOSE LOPEZ BASA,


    Defendant-Appellant.

    Leocadio Joaquin, for Appellant.

    Attorney-General Araneta, for Appellee.

    SYLLABUS

    1. MUNICIPAL CODE; INTEREST IN CONTRACTS. — The submission, by a member of


    a municipal council, of a proposition to do certain work for the municipality, which
    proposition was never accepted, is not a violation of article 28 of the Municipal code,
    which punishes an officer of a municipality who becomes interested in any contract
    work of the municipality.

    2. ACTS OF THE COMMISSION; PENAL CODE. — The last paragraph of article 3 of


    the Penal Code relating to attempts to commit crimes is not applicable to crimes
    defined by laws of the Commission.

    DECISION

    WILLARD, J. :

    The municipality of Gasan, on the Islands of Marinduque advertised for proposals to


    furnish the municipality with street lamps. The defendant, in answer to such
    advertisement, submitted a proposition in writing by which he agreed to furnish the
    municipality the lamps at a price therein named. He was at that time a member of
    the municipal council.

    Section 28 of the Municipal Code (Act No. 82) is as follows: jgc:chanrobles.com.ph

    "(a) No municipal officer shall be directly or indirectly interested in any contract


    work, or cockpits, or other permitted games and amusements or business of the
    municipality, or in the purchase of any real estate or any other property belonging to
    the corporation.
    "(b) Any officer violating the provisions of this section shall, upon a two-thirds vote
    of all the members of the council, be removed from office; and, upon trial and
    conviction in a court of competent jurisdiction, shall be imprisoned for not less than
    six months and not more than two years." cralaw virtua1aw library

    The court below held that the submission of this proposition by the defendant, when
    he was a member of the council, was a violation of section 28, and he was convicted
    therefor.

    We agree with the Attorney-General that the conviction can not be sustained. The
    offer which the defendant made was never accepted by the municipality. He
    therefore never became "interested in any contract work or business of the
    municipality."
    cralaw virtua1aw library

    Section 28 does not punish an attempt to commit this crime. In offenses created by
    acts of the Commission, the last paragraph of article 3 of the Penal Code relating to
    attempts to commit crimes is not applicable.

    The judgment of the court below is reversed, and the defendant is acquitted of the
    complaint, with the costs of both instances de oficio.

    After the expiration of ten days let judgment be entered in accordance herewith and
    ten days thereafter let the case be remanded to the court from whence it came for
    execution. So ordered.

    Arellano, C.J., Torres, Mapa, Johnson, and Tracey, JJ., concur.

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