EN BANC
[G.R. No. 24622. January 28, 1926. ]
THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. GERMINIANO ARANETA, Defendant-Appellant.
Federico Mercader y Gil for Appellant.
Attorney-General Jaranilla for Appellee.
SYLLABUS
1. CRIMINAL LAW; MALVERSATION OF PUBLIC FUNDS. — Article 390 of the Penal Code relating to malversation of public funds has been repealed by sections 2671 and 2672 of the Administrative Code
2. ID.; ADMINISTRATIVE CODE; DEFINITION OF WORD "OFFICER." — The word "officer" in relation to offenses punishable under the Administrative Code includes any Government employee or agent who has authority to act in the matter from which the offense arises.
3. ID.; COMPLEX CRIMES. — One of two offenses charged in the same information being punishable under the Penal Code and the other being punishable under an ordinary act of the Legislature, the two offenses are separate and distinct, and cannot be treated as a complex crime.
4. ID.; CONSTITUTIONAL LAW; CRUEL AND UNUSUAL PUNISHMENT — The penalty of prision mayor prescribed by section 1 of Act No. 2712 for the crime of falsification of public documents by public officers or employees is not cruel and unusual, and is not in conflict with the Organic Act.
2. ID.; ADMINISTRATIVE CODE; DEFINITION OF WORD "OFFICER." — The word "officer" in relation to offenses punishable under the Administrative Code includes any Government employee or agent who has authority to act in the matter from which the offense arises.
3. ID.; COMPLEX CRIMES. — One of two offenses charged in the same information being punishable under the Penal Code and the other being punishable under an ordinary act of the Legislature, the two offenses are separate and distinct, and cannot be treated as a complex crime.
4. ID.; CONSTITUTIONAL LAW; CRUEL AND UNUSUAL PUNISHMENT — The penalty of prision mayor prescribed by section 1 of Act No. 2712 for the crime of falsification of public documents by public officers or employees is not cruel and unusual, and is not in conflict with the Organic Act.
D E C I S I O N
OSTRAND, J.:
The defendant Germiniano Araneta is accused of the crime of misappropriation of public funds through falsification of public documents, the information alleging:jgc:chanrobles.com.ph
"That on or about the 17th of August, 1923, in the municipality of Dauis, Province of Bohol, Philippine Islands, the above-named accused, being as he was then a public officer, employed in the municipal treasury of said municipality of Dauis, and as such in charge of collecting and receiving the fees for permit to kill large cattle of the said municipality of Dauis, he collected and received the sum of P1.50 from one Crispo Penales in payment of the fee for permit to kill a cow belonging to Baldomero Doldolea; that said defendant, simulating, falsifying and counterfeiting the stub-book (sic) of the permit to kill large cattle No. 68, which is a public document previously issued to Damaso Penales, erase(l the name of the latter and in lieu thereof he put, inserted and substituted that of Baldomero Doldolea; instead of the word ’Mayacabac,’ which indicated the place of residence of the owner of the cow described in the same permit to kill No. 68, he erased said word and in lieu thereof, he put and inserted the word ’Poblacion;’ instead of ’No. 1,’ which indicated the age of the cow to be killed according to said permit No. 68, he erased said number and put and inserted in lieu thereof the numbers ’1
"That on or about the 17th of August, 1923, in the municipality of Dauis, Province of Bohol, Philippine Islands, the above-named accused, being as he was then a public officer, employed in the municipal treasury of said municipality of Dauis, and as such in charge of collecting and receiving the fees for permit to kill large cattle of the said municipality of Dauis, he collected and received the sum of P1.50 from one Crispo Penales in payment of the fee for permit to kill a cow belonging to Baldomero Doldolea; that said defendant, simulating, falsifying and counterfeiting the stub-book (sic) of the permit to kill large cattle No. 68, which is a public document previously issued to Damaso Penales, erase(l the name of the latter and in lieu thereof he put, inserted and substituted that of Baldomero Doldolea; instead of the word ’Mayacabac,’ which indicated the place of residence of the owner of the cow described in the same permit to kill No. 68, he erased said word and in lieu thereof, he put and inserted the word ’Poblacion;’ instead of ’No. 1,’ which indicated the age of the cow to be killed according to said permit No. 68, he erased said number and put and inserted in lieu thereof the numbers ’1
