Republic of the Philippines SUPREME COURT

Manila

EN BANC

GR No. L-47741 April 28, 1941

THE PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. SANTIAGO S. VELASQUEZ, defendant and appellant.Vicente D. Bengzon for appellant. Mr. Attorney General Assistant Attorney Ozaeta Mr. Cuyugan in representation of the Government.

HORRILLENO, J.:

The present case involves only a matter of law. Hence the Honorable Court of Appeals has certified to this superiority.

That question is this: In view of the facts admitted by the appellant, whether or not the same is found guilty of embezzlement of public funds, defined and punished by Article 227 of the Revised Penal Code.

In the original ruling of the lower court the following facts:

Towards the period from September 9, 1937 to December 6, 1938, the appellant was a public official, who held the position of assistant cashier at the provincial treasury of Pangasinan, with office in the town of Lingayen in the same

province. In that time, the appellant, in his capacity of assistant cashier of Pangasinan provincial treasury, received in the town of Lingayen, municipal treasuries of Malasiqui, Tayug, Binalonan, San Quintin, Rosales and Manaoag, various amounts of money amounting to the total sum of P1, 701.26, without any receipt issued by the aforementioned

amounts. These funds were the "Red Cross", the "Anti-Tuberculous" and "Boy Scouts". The December 6, 1938, delegates auditors, Messrs. Blas Pedro Velasco Giron and, to take the test and calibration of the funds in the custody

of the appellant, in the above capacity, found a deficit of P1, 701.26, the appellant could not explain. So this, on several occasions, from December 9, 1938 until January 30, 1939, was paid to the provincial treasury of the defrauded amount Pangasinan.

On appeal, the appellant argues that the amounts were not misappropriated public funds, so you can not find defendant guilty of the crime.

Having admitted that he had received the amounts in question, in the performance of their official several municipal treasuries charge of this province, the amounts mentioned are public funds, it has to answer, according to Article 609 of the Revised Administrative Code, which provides:

ART. 609. Disposition of funds collected by public officials. - Except as otherwise specially provided, must account for all funds officially received by a public official in any capacity or on any occasion, as government funds.

This Court repeatedly has already decided that when a public official receives any money, for safekeeping, the characters

acquired public funds (GR No. 44363, December 17, 1937, People v. Castro, GR No. 41747, August 30. 1935,

People vs. Sibulo, RG No. 40714,. Aug. 7, 1939). In view of these decisions, it is clear that the appellant, to receive the amount of P1, 701.26, which funds were "Red Cross", the "Anti-Tuberculous" and "Boy Scouts", responsible for such sum

became . Unable to thus give a satisfactory explanation of the lack of money, when the test and calibration of his books were made by the auditors, has been guilty of the crime of embezzlement of public funds, the prosecutor alleged in complaint.

We are with the Hon Attorney General has in estimating the return made by the appellant in the amount defrauded as special

mitigating circumstance without aggravating the offset. This will also be ordered the appellant to suffer the minimum degree in the penalty prescribed by law.

With the only modification, therefore, the appellant shall mean condemning suffer an indeterminate penalty of six months and one day to four years, two months and one day of prision correccional, we uphold the original ruling, in all other parts, the

costs to the appellant. So is ordered.

Imperial, Diaz, Laurel, and Moran, MM., are compliant