G.R. No. L‑2828
December 14, 1906

FACTS
– Juan Solis was appointed a public employee in the municipal treasurer’s office of Zamboanga (Sept. 20, 1904).
– His duties were to brand cattle and record the brands.
– He collected ₱1 from each of 215 persons (total ₱215 ≈ 1,075 pesetas) as “branding fees.”
– The sums were not turned over to the municipal treasurer; Solis retained them for his own use.
– He had no authority, as a public officer, to receive those monies.
– The trial court convicted him of embezzlement (malversación) under § 390 of the Penal Code and imposed three‑year‑plus prison, restitution, and accessory penalties.

ISSUE
Whether a public official who, without authority, receives and appropriates money that belongs to the municipal treasury may be convicted of malversación (embezzlement) or must instead be convicted of estafa (swindling) under the same complaint.

RULING
– The Court held that malversación under § 534 requires that the public officer receive the funds by virtue of his official position. Solis lacked such authority; thus the element for malversación was absent.
– The acts constituted estafa under § 535 because Solis, while acting as a public employee, received money as a deposit/commission and misappropriated it, defrauding the rightful owners.
– Estafa is a cognate offense to malversación; a defendant may be convicted of the lesser, similar offense when the complaint includes it.
– Accordingly, Solis was convicted of estafa and sentenced to:
Imprisonment for five months (medium degree arresto mayor to minimum presidio correccional).
Temporary special disqualification for eleven years and one day.
– The judgment was entered after ten days, with the case remanded for execution.