GR 1262; (September, 1903) (Digest)
G.R. No. L-1262, September 2, 1903
THE UNITED STATES, complainant-appellee, vs. QUIRICO OLAGUER, defendant-appellant.
FACTS:
Quirico Olaguer was charged with the crime of estafa (swindling). The prosecution alleged that the defendant deceived Baldomero Belleza by promising to secure the liberty of Belleza’s brother, Flaviano Belleza, who was a military prisoner. To effect this release, Olaguer represented that he had the necessary power and influence and received 50 pesos from Baldomero Belleza as payment. The defendant was convicted by the lower court. On appeal, the defense argued that no deception occurred and that Baldomero Belleza merely deceived himself. The lower court also considered the eleventh aggravating circumstance under Article 10 of the Penal Code, pertaining to the accused taking advantage of a public office, based on Olaguer’s work as a copyist in the provincial fiscal’s office and his occasional service as an interpreter for a military lieutenant.
ISSUE:
Whether the court correctly convicted the defendant of estafa and properly considered the aggravating circumstance of taking advantage of a public office.
RULING:
The Supreme Court affirmed the conviction for estafa but modified the penalty. The evidence, particularly the testimony of Baldomero Belleza, sufficiently established that Olaguer made a false representation of his power to secure a prisoner’s release and received 50 pesos based on that promise. This constituted deceit under the law.
However, the Court held that the lower court erred in applying the aggravating circumstance of taking advantage of a public office. The defendant’s position as a copyist in the provincial fiscal’s office was a civil post with no authority over military prisoners. His occasional service as an interpreter for a military officer was a casual, temporary engagement that did not constitute a public office. Even if it were considered a public office, such circumstance would be inherent to the crime under Article 399 of the Penal Code, punishable by special temporary disqualification, and not an aggravating circumstance to increase the penalty to the maximum degree.
The judgment was reversed. The defendant was convicted of estafa involving 50 pesos and sentenced to three months of arresto mayor, with an order to restitute the 50 pesos and pay the costs of both instances.