G.R. No. 42938 ; November 29, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. TEODORO EVIA, defendant-appellant.

FACTS

The appellant, Teodoro Evia, was the municipal treasurer of Labo, Camarines Norte. He assisted Concordia de la Cruz, the widow of a U.S. Army veteran, in prosecuting her claim for a pension from the U.S. Government by referring her to Arsenio Rada, the chief clerk of the provincial treasurer. Upon the claim’s approval, a check for P1,376.66 was issued. Evia obtained the check, had Concordia thumb-mark it, and later gave her only P4117.66, wrongfully withholding P899, which he claimed was to be divided between himself and Rada as remuneration.

ISSUE

Whether the evidence is sufficient to sustain the conviction of the appellant for wrongfully withholding a portion of the pension claim.

RULING

Yes, the conviction is sustained but modified. The facts establish a violation of Section 114, Title 38 of the United States Code Annotated, which penalizes any person instrumental in prosecuting a pension claim who wrongfully withholds any part of the pension. The court found Evia instrumental in the claim. The trial court’s order for indemnity of P899 was proper, as the civil liability can be determined in the criminal case unless waived. However, the imposition of subsidiary imprisonment for non-payment was erroneous, as the U.S. Code provides no such penalty. The prison sentence was increased from two months and one day to one year, considering the circumstances. The judgment was affirmed as modified.

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