EN BANC
[G.R. No. 5672. August 12, 1911. ]
THE UNITED STATES, Plaintiff-Appellee, v. AMBROSIO ELISES, Defendant-Appellant.
Felipe Buencamino, Jr., for Appellant.
Attorney-General Villamor, for Appellee.
SYLLABUS
1. MUNICIPALITIES; FAITHLESSNESS IN CUSTODY OF DOCUMENTS. — Held: That when a municipal secretary, together with the president, makes certain changes in the minutes of a meeting of the municipal council, which. minutes were afterwards approved, as corrected, by the council, he is not guilty of the crime of "faithlessness in the custody of documents."
D E C I S I O N
JOHNSON, J.:
A complaint was presented in the Court of First Instance of Ambos Camarines in which the defendant, Ambrosio Elises, was charged with the crime of "infidelidad en la custodia de documentos." He was found guilty of the crime charged in the lower court and was sentenced to be imprisoned for a period of one year eight months and twenty-one days of prision correccional, with the accessories of the law, and to pay a fine of 1,500 pesetas, with subsidiary imprisonment in case of insolvency and "inhabilitacion especial temporal" of eleven years and one day and to pay the costs. From that sentence the defendant appealed.
From an examination of the record it appears that the defendant was the secretary of the municipality of Daet during the months of March and April, 1909; that during that period several meetings of the municipal council were held; that acta No. 13 of said council contained certain proceedings which took place at one of the meetings of said council; that between the time of the meeting of the council and the approval by said council of said acta No. 13, the defendant, as secretary of the municipality, together with the president of said municipality, made certain changes in the phraseology of said acta; that after said changes had been made, the said council approved said acta No. 13.
The Attorney-General, after a full discussion of article 360 of the Penal Code, under which the defendant was charged reached the conclusion that the facts charged and proven did not constitute a cause of action against the defendant, and recommended that the sentence of the lower court be revoked and that the defendant be absolved from any liability under said complaint and that said complaint be dismissed.
After a full consideration of the facts and the law applicable thereto, we are of the opinion that the Attorney-General is right in his conclusions and recommendations. Therefore the sentence of the lower court is hereby reversed and it is hereby ordered that a judgment be entered dismissing the complaint against the defendant and absolving him from all liability thereunder, with costs de oficio. It is so ordered.
Torres, Mapa and Moreland, JJ., concur.
From an examination of the record it appears that the defendant was the secretary of the municipality of Daet during the months of March and April, 1909; that during that period several meetings of the municipal council were held; that acta No. 13 of said council contained certain proceedings which took place at one of the meetings of said council; that between the time of the meeting of the council and the approval by said council of said acta No. 13, the defendant, as secretary of the municipality, together with the president of said municipality, made certain changes in the phraseology of said acta; that after said changes had been made, the said council approved said acta No. 13.
The Attorney-General, after a full discussion of article 360 of the Penal Code, under which the defendant was charged reached the conclusion that the facts charged and proven did not constitute a cause of action against the defendant, and recommended that the sentence of the lower court be revoked and that the defendant be absolved from any liability under said complaint and that said complaint be dismissed.
After a full consideration of the facts and the law applicable thereto, we are of the opinion that the Attorney-General is right in his conclusions and recommendations. Therefore the sentence of the lower court is hereby reversed and it is hereby ordered that a judgment be entered dismissing the complaint against the defendant and absolving him from all liability thereunder, with costs de oficio. It is so ordered.
Torres, Mapa and Moreland, JJ., concur.
