The Sandiganbayan Fifth Division has convicted an assistant city prosecutor in Pasay city of bribery for extorting money and asking for sexual favors from a litigant.
In a 54-page decision, the court found John Giselher Imperial guilty beyond reasonable doubt for direct bribery. He was sentenced to two years in jail and ordered to pay a fine of P20,000.
Associate Justices Rafael Lagos and Maria Theresa Mendoza-Arcega concurred with the decision penned by Associate Justice Roland Jurado.
“After meticulously assessing the evidence adduced and as culled from the facts of the case, this Court holds that the prosecution was able to establish the guilt of the accused beyond reasonable doubt for the charge of direct bribery. …(I)t is sufficiently clear that the accused received and counted money and even planned a sexual tryst in consideration of the favorable resolution,” the court said.
However, the court acquitted Imperial of the graft charge because one of the key elements of graft was missing – the presence of a government contract or transaction.
“Absent this (element), accused Imperial cannot be convicted for the (graft) offense charged in this case,” the court said.
Imperial’s direct bribery charge stemmed from a complaint by the female client who was promised by Imperial an endorsement to the court of her oral defamation and threats complaint against her neighbor in exchange for P20,000.
Imperial later reduced the money to P10,000 in addition to a promise to have sex with him.
The complainant quoted Imperial as saying: “Magagawan natin ito ng paraan kung makakapagbigay ka ng P10,000 para maisampa tapos makapag-sex ka sa akin.”
The court said the evidence showed that Imperial “used his official power and authority as an assistant city prosecutor in order to solicit for bribe money.”
The court also said the complainant’s allegation was corroborated by a video footage of GMA-7’s program “Imbestigador,” which documented the entrapment operation against Imperial led by the Criminal Investigation and Detection Group of the National Capital Region Police Office.
The court said even though the bribe money did not turn up in the entrapment operation, the video footage and the testimonies of witnesses were sufficient to prove Imperial’s guilt./rga