Case Digest (G.R. No. 5337)
Facts:
The United States v. Macario Sagun, G.R. No. 5337, February 10, 1910, the Supreme Court, Moreland, J., writing for the Court (Arellano, C.J., Torres, Mapa, Johnson, and Carson, JJ., concurring).
The United States prosecuted Macario Sagun, then Justice of the Peace of Camiling, Tarlac, on a charge that in or about April 1908, “being a justice of the peace . . . and by reason of his office, having in his possession public moneys, maliciously and criminally failed to give account thereof and sought to appropriate to his own use the sum of P166 out of P223.50 which he had collected in his court during the months of January, February, and March of the same year, paying over only the sum of P57.50.”
On or about April 1, 1908, Sagun presented his accounts for fees, fines, and costs collected in January–March 1908 to the municipal treasurer for settlement, accompanied by a written statement of the items collected. The treasurer, being busy, delegated settlement to a clerk, Cecilio Torres, who examined the accounts and concluded Sagun owed P57.50 to the municipality; Sagun paid that amount and received a receipt. A few days later Sagun’s clerk noticed an error in the treasurer’s settlement and the matter was reexamined. On or about April 20, the reexamination showed Sagun still owed P166, and Sagun immediately paid that sum to the treasurer. These facts were undisputed at trial.
The trial court (the court below) found Sagun guilty of the crime charged and sentenced him to six months’ imprisonment in the provincial jail of Tarlac and to pay the costs. Sagun appealed...(Pro-only)
Issues:
- Did the evidence sustain a conviction for maliciously failing to give account and appropriating public funds?
- Should the penalty imposed by the trial court be maintained or mitigated in view of the subseque...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
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