PHILIPPINES, plaintiff and appellee, vs. SANTIAGO S. VELASQUEZ, defendant and appellant.
D. Vicente Bengzon for appellant. Mr. Attorney General Assistant Attorney Ozaeta Mr. Cuyugan on behalf of the Government. HORRILLENO, J . : The present case involes only a matter of law. Hence the Hon. Court of Appeals has certified to this superiority. That question is this: In view of the facts admitted by the appellant, is it may or may not find him guilty of embezzlement of public funds, defined and punished by Article 227 of the Revised Penal Code? From the original ruling of the trial 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, which amounted to the sum total 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 by making the review and tonnage of funds in the custody of the appellant, in the above capacity P1,701.26 found a deficit, 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. In an 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 amount in question, in the performance of their official several municipal treasuries of the province by 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 specifically provides it, it 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 some money for safekeeping, the characters acquired public funds (GR No. 44363, December 17, 1937, People vs.Castro, GR No. 41747, August 30 , 1935 , People vs. Sibulo, RG No. 40714, August 7, 1939). In view of these decisions, it is clear that the appellant, to receive the amount of P1,701.26 that funds were "Red Cross", the "Anti-Tuberculous" and "Boy Scouts" was responsible for this sum .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 that has lead to estimate the return made by the appellant in the amount defrauded as special mitigating circumstance without any aggravating than compensates. This well, the appellant must be ordered to suffer in its minimum degree the penalty prescribed by law. With the only modification, therefore, the appellant shall be understood condemned to suffer an indeterminate penalty of six months and one day to four years, two months and one day of prision correctional, we uphold the original ruling, in all other parts, with costs against the appellant. So it is ordered. Imperial, Diaz, Laurel, and Moran, JJ., Are compliant.