Case Summary (G.R. No. 183869)
Applicable Law
The decision relies on the provisions of the Revised Penal Code, specifically Article 226, which addresses the unlawful removal, destruction, or concealment of documents officially entrusted to a public officer.
Essential Elements of the Crime
The Supreme Court clarifies that a public officer commits the crime of infidelity in the custody of public documents when he unlawfully removes an official document from its designated secure location for illicit purposes. The hallmark of this crime is the intention behind the removal; if it is for purposes contrary to his official duty, it constitutes a breach of trust. Conversely, if the removal is for lawful or honorable reasons, such as conducting necessary examinations or protecting the documents from imminent loss, then no crime occurs.
Requirement of Intent
The court emphasizes that the act of removal does not need to be accompanied by proof of intent to conceal for a conviction to occur. Article 226 clearly stipulates that any public officer who removes, destroys, or conceals official documents can be found guilty. In this regard, the conjunction "or" within the statute is taken literally, implying that each action—removal, destruction, or concealment—is considered a distinct means of committing the offense.
Damage to Public Interest
The court addresses the issue of whether the actions of the petitioner resulted in actual damage to public interest or third parties. It holds that actual damage must be established but does not have to be material or pecuniary. Alarm to the public and a loss of confidence in government officials can constitute damage. In this instance, Melchor's removal of documents during an ongoing investigation created a significant distrust in public institutions, satisfying the requirement for actual damage to public interest.
Completion of the Crime
The ruling i
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Case Citation
- Citation: 74 Phil. 45
- G.R. No.: 48398
- Date: November 28, 1942
Parties Involved
- Petitioner: Melchor
- Respondent: The People of the Philippines
Judicial Authority
- Justice: Manuel V. Moran
Legal Context
- Subject Matter: Criminal Law; Infidelity in the Custody of Public Documents
Essential Legal Principles
Definition of Crime:
- The crime of infidelity in the custody of public documents occurs when a public officer removes an official document from its designated safe-keeping for illicit purposes.
- Illicit purposes may include tampering with documents or profiting from them, which represents a breach of trust.
Lawful Removal:
- Removal is not a crime if it is for lawful motives, such as examination related to official duty or to protect the documents from imminent loss.
- The law punishes acts of removal, destruction, or concealment only when they constitute infidelity in custody.
Criminal Intent and Actions
Proof of Intention:
- It is not necessary to prove intent to conceal when establishing guilt for infidelity in the custody of public documents.
- The law explicitly punishes any public officer who removes, destroys, or conceals documents entrusted to them.
Interpretation of Legal Terms:
- The term "