Facts: 

Defendant, Luciano Maleza as treasurer of municipality of Sevilla certified on 31 May

1906 the account showing payments made to services rendered and articles purchased for
the construction of the municipal building on 1903 and 1904. Defendant, Gabriel Adlaon’s
signature was at the bottom of the document as the receiver of the money. When in fact it
was drawn and paid to Maleza for being commissioned by P. Cayetano Bastes to collect and
receive the amount loaned by the latter to the municipal president. Due to this the
provincial fiscal filed a complaint against the two for falsification of public document by
reason of reckless negligence. Counsel of the accused contended that the complaint was not
drawn according to law. The trial judge sustained demurrer hence the appeal of the fiscal.
Issue: Whether or not defendants are guilty of falsification of public document by reason of
reckless negligence.
Decision: Decision reversed. Between an act performed voluntarily and intentionally and
other committed unconsciously and quite unintentionally, there exists another pursuant to
Article 568 of the Penal Code, performed without malice but punishable – an intermediate
act which the Penal Code qualifies as negligence or reckless negligence a lesser degree with
an equal material result.
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For the considerations above set forth, and which relate solely to the reasons on which is based the
order appealed from, and considering that the classification of falsification of documents by reason
of reckless negligence is perfectly legal, considering the nature and circumstances surrounding the
act which is the subject of the complaint, it is our opinion that the said order should be reversed. Let
the case be remanded to the court whence it came with a certified copy of this decision, and let the
judge below proceed with the case and enter judgment therein in accordance with the law. So
ordered.