G.R. No. 6486, U.S. V. Catolico, 18 Phil.

504

FACTS:

The defendant Juan Canillas (Presiding officer of the court of justice of the peace) was convicted by the
Court of First Instance of the Province of Cagayan of the crime malversation of public funds. He was
sentenced to two month’s imprisonment, to perpetual disqualification to hold public office or public
employment of any kind and to the payment of the costs. For requiring each appellant of the case he
presided P16, as well as the giving of a proper undertaking with solvent sureties. In which case they
presented a case against him to the Court of First Instance ordering him to deliver to the clerk of the court
the sums deposited by the defendants in said actions, which he obeyed.

ISSUE:

Whether or not the case made against the appellant lacks many essential elements required by law to be
present in the crime of malversation of public funds.

HELD:

 The case made against the appellant lacks many of the essential elements required by law to be
present in the crime of malversation of public funds. The accused neither used the money for his
own benefit nor for the benefit of other people.
 That he delivered the said sums to the plaintiff in satisfaction of the judgment which he held in
those cases, cannot be considered an appropriation or a taking of said sums within the meaning
of Act No. 1740.
 All his action were done in good faith and under the belief that he was acting judicially and
correctly upon requiring the appellant to pay P16 as presiding officer of the court of justice of the
peace.
 To constitute a crime, the act must, except in certain crimes made such by statute, be
accompanied by a criminal intent, or by such negligence or indifference to duty or to
consequences, as, in law, is equivalent to criminal intent.