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PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. Nos. 41265 & 41266. July 27, 1934. ]

THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. JOSE BARBAS, Defendant-Appellant.

Jose Querubin Nera for Appellant.

Acting Solicitor-General Peña for Appellee.

SYLLABUS


1. CRIMINAL LAW; COMPLEX CRIME OF MALVERSATION THROUGH FALSIFICATION OF PUBLIC DOCUMENTS; PENALTY. — The defendant, acting as a special deputy of the provincial treasurer, collected from two individuals the amount of P2 each in payment of their cedula tax and delivered to them what he represented to be the corresponding cedulas but, in fact, altered duplicates of cedulas. This money was clearly received by the defendant in his capacity of a public officer, and constituted a valid payment of the cedula tax of P and S, and the defendant who misappropriated it is guilty of malversation of public funds.

2. ID.; ID.; ID. — The evidence shows that the defendant altered the duplicates of the cedulas in question as alleged in the informations. These duplicates are public documents, and the alterations made by the defendant constituted falsification of public documents. The evidence shows that the duplicates of the cedulas in question were falsified by the defendant in order that he might sell them to P and S.

3. ID.; ID.; ID. — The falsification was the means which the defendant availed himself of in committing the crime of malversation. As the acts of the defendant constitute a complex crime, the penalty applicable thereto is that corresponding to the more serious offense, or the falsification of a public document.


D E C I S I O N


VICKERS, J.:


In these two cases the defendant was charged in the Court of First Instance of Occidental Negros with the crime of malversation of public funds through the falsification of public documents. In case No. 8857 (G. R. No. 41265) it was alleged:jgc:chanrobles.com.ph

"Que en o hacia el mes de abril de 1932, en el Municipio de Sagay, Provincia de Negros Occidental, Islas Filipinas, el acusado arriba nombrado siendo un delegado especial del tesorero provincial de esta Provincia para la venta de Cedula personal y por razon de su cargo era responsable de los fondos p
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