Case Digest

THE UNITED STATES, Plaintiff-Appellee, v. JOSE LOPEZ BASA, Defendant-Appellant.
[G.R. No. L-3540. March 19, 1907. ]


FACTS:

The municipality of Gasan, on the Islands of Marinduque advertised for proposals to furnish the municipality with street lamps. Jose Lopez Basa, 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:

"(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.”

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.

ISSUE:

WoN Lopez Basa violated the Sec 28 of the Municipality Code.

HELD:

No. Conviction cannot be sustained. The offer he made was never accepted by the municipality. Therefore, he never became “interested” in any contract work. Sec 28 of the Municipality Code does not punish an attempt to commit this crime. The last paragraph of Art 6 of RPC does not apply.