GR No.

148862 August 11, 2005

RUBIN TAD-Y y BABOR, petitioner
vs.
PEOPLE OF THE PHILIPPINES, respondent.

Callejo, SR., J.:

Facts: Ms. Wong contracted Mr. Encabo, a licensed master electrician and electrical
contractor, for the construction of a building. Mr. Encabo arrange the conduct of final
building inspection with Office of City Engineer (OCE). If all went well, the Building
Official would then sign the certificate of occupancy.
Encabo had the certificates of final inspection and occupancy form typed by an
OCE secretary. However, petitioner Tad-y, a structural analyst and Encabo’s compadre,
approached and dissuaded him from processing the certificates of final inspection and
occupancy on the building since he was the one responsible for it and also, Mildred
Wong still had an unpaid balance of P4,000.00 for his services. When Encabo told Tad-
y that collecting the amount from Wong would be problematic, Tad-y replied, “[It’s] up
[to] you.”
Shortly, some of the officers at the OCE, including Tad-y, conducted their final
inspection of the building. Other officers of the OCE made their respective final
inspections, and signed the certificates. Tad-y did not make his final inspection, and
refused to do so unless the money he had demanded was given to him. Encabo even
sought the aid of the City Mayor but did not tell the latter that Tad-y was demanding
money because he did not want to place the latter in a bad light.

Issue: Whether or not the petitioner is liable for direct bribery.

Ruling: No. The elements for direct bribery are: (1) the offender is a public officer;
(2) the offender accepts an offer or promise or receives a gift or present by himself or
through another; (3) such offer or promise be accepted or gift or present be received by
the public officer with a view to committing some crime, or in consideration of the
execution of an act which does not constitute a crime but the act must be unjust, or to
refrain from doing something which it is his official duty to do; (4) the act which the
offender agrees to perform or which he executes is connected with the performance of
his official duties.
All the elements are present except for the last element. Tad-y, as structural
analyst, is not the proper authority in signing the said certificates. It is only the Building
Official who is specifically vested with authority to sign said certificate.
Thus, petitioner is not held liable for the crime of direct bribery.