Professional Documents
Culture Documents
Facts: The justice of peace of Cagayan had before him 16 separate civil cases initiated by
Juan Canillas for damages resulting from breach of contract. All cases were decided in
favour of Canillas and all defendants appealed the decision and deposited Php 16 and a
bond of Php 50 as required by law. It appears that the sureties of the bond were insolvent
and new bonds were not presented on the extension given. Canillas appealed. The justice of
peace dismissed the appeals and ordered the sm of money attached and delivered to
Canillas in satisfaction of the judgment. The judge was prosecuted for malversation of
funds.
The judge decided in good faith under the belief that he was acting judiciously and correctly.
It was a result of erroneous exercise of judicial function and not an intention to deprive any
person of his property feloniously. He acted that debts might be paid t those who they are
legally and justly due and not to enrich himself or another by criminal misappropriation. It
was a mistake not a crime.