G.R. No. L-7194, August 17, 1912
THE UNITED STATES, plaintiff-appellee, vs. CRISPIN PERALTA, defendant-appellant.

FACTS

Crispin Peralta, a municipal police sergeant of Sorsogon, was tasked with arresting persons delinquent in paying their personal cedula (community tax certificate). In May 1910, he arrested Claro Rentoria for not having a cedula for 1909. Peralta received ₱4 from Rentoria to pay for the cedula and the delinquency penalty, issuing a receipt. Instead of remitting the amount to purchase the cedula, Peralta appropriated the money for his own use. Despite repeated demands, he neither provided the cedula nor returned the money. He only deposited the ₱4 with the municipal treasury months later, after complaints were filed against him.

ISSUE

Whether the acts of the accused constitute the crime of estafa (swindling) under the Penal Code.

RULING

Yes. The Supreme Court affirmed the lower court’s judgment, holding that Peralta’s acts clearly violated paragraph 5, Article 535 of the Penal Code, which defines estafa. As a public officer who received money in his official capacity with a duty to apply it for a specific purpose (purchasing the cedula), his misappropriation of the funds for personal use constituted estafa. The Court found the factual findings fully supported by evidence and upheld the sentence of three months of arresto mayor, eleven years and one day of disqualification from public office, and costs.