GR 45649; (October, 1938) (Digest)
G.R. No. 45649 -45652; October 17, 1938
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANTONIO P. CID, defendant-appellant.
FACTS
Antonio P. Cid, the municipal treasurer of Batac, Ilocos Norte, was charged, prosecuted, and convicted in four separate cases for the complex crime of malversation of public funds through falsification of public documents. He pleaded guilty to all charges. The cases involved falsified teachers’ payrolls (vouchers) for different periods, resulting in the misappropriation of specific sums: P741.24, P1,811.10, P788.89, and P1,598.83. Before trial, Cid moved for consolidation, arguing the acts constituted one continuous crime, but the trial court did not rule on this motion and proceeded with four separate convictions, imposing penalties for each. Cid appealed, contending he should be found guilty of only one crime.
ISSUE
Whether the four separate acts of malversation through falsification constitute one continuous crime or distinct offenses, thereby warranting separate penalties.
RULING
The acts constitute four distinct crimes, not one continuous offense. Each act of falsifying a payroll and misappropriating the corresponding funds represents a separate and complete criminal act with its own criminal intent, executed on different dates and involving different sums and falsified documents. Therefore, the accused is liable for four separate complex crimes. However, applying Article 70 of the Revised Penal Code, as amended (the three-fold rule), the court modified the penalties. For the first three cases, the court imposed the penalty for the more severe crime of falsification (an indeterminate penalty of 6 months and 1 day of prision correccional to 6 years and 1 day of prision mayor, plus a fine and indemnity for each), and refrained from imposing additional penalties for the malversation in those cases as they were less severe. For the fourth case, the court refrained from imposing any penalty due to the three-fold rule limit but still ordered indemnity. The judgments were affirmed as modified.
AI Generated by Armztrong.