Case Digest (G.R. No. 7194)
Facts:
United States v. Crispin Peralta, G.R. No. 7194, August 17, 1912, the Supreme Court En Banc, Johnson, J., writing for the Court.
The plaintiff-appellee was the United States; the defendant-appellant was Crispin Peralta, then municipal police sergeant of Sorsogon. Peralta was charged with estafa for having, by abuse of his office, demanded and received money from a detained person for the purchase of a cedula and appropriating the money to his own use.
The trial judge, Hon. Jose C. Abreu, heard evidence that Peralta, as municipal police sergeant, was ordered to arrest persons delinquent in payment of their personal cedulas and habitually received money from such detainees to pay their cedula taxes, issuing receipts and sometimes turning collections over to the municipal treasury. On May 7, 1910, one Claro Rentoria, arrested for not having a cedula, gave Peralta two pesos to obtain a 1909 cedula and promised two more later to cover a penalty. On May 22, 1910, Rentoria delivered the remaining two pesos (bringing the total to P4). Peralta did not purchase Rentoria's cedula, did not remit the money with a prior P50 he had once turned in, and refused Rentoria's repeated demands for either the cedula or return of the money.
Only in October or November 1910, after complaints reached the Constabulary and provincial governor under the first provision of Act No. 610, did Peralta deposit the P4 with a municipal treasury clerk rather than returning it to Rentoria. The trial court found these facts proved and convicted Peralta of estafa, sentencing him to three months arresto mayor, disqualification from public office for eleven years and one day, and costs. Peralta appealed to the Supreme Court....(Pro-only)
Issues:
- Did the evidence support the conviction for estafa under paragraph 5 of Article 535 of the Penal Code?...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)