G.R. No. L-10676; August 25, 1915
THE UNITED STATES, plaintiff-appellee, vs. JOSE VILLARTA, defendant-appellant.

FACTS:
The accused, Jose Villarta, was the municipal president of Victoria, Tarlac. On October 11, 1913, acting as a member of a committee authorized by municipal resolution (approved by the Governor-General) to collect voluntary contributions for the construction of a public school building, he received the sum of P4 from Tiu Loco for that purpose. Instead of delivering the amount to the municipal treasurer, Villarta appropriated it for himself. On October 22, 1914, he denied having ever received the money. He was charged with estafa, convicted by the trial court, and sentenced to two months and one day of arresto mayor, with accessory penalties and costs.

ISSUE:
Whether the accused is guilty of estafa and, if so, whether the penalty should include temporary special disqualification under Article 399 of the Penal Code due to his abuse of public office.

RULING:
The Supreme Court affirmed the conviction but modified the penalty. The Court found that the accused, by virtue of his position as municipal president, solicited and received the contribution, thereby committing estafa under paragraph 5, Article 535, in relation to paragraph 1, Article 534 of the Penal Code. The Court agreed with the Attorney-General that the accused abused his public office to obtain the money, as evidenced by the contributor’s reference to him as “municipal president” and the trust placed in him due to his official capacity. Consequently, in addition to the prison term of two months and one day of arresto mayor, the Court imposed the penalty of temporary special disqualification for eleven years and one day under Article 399 of the Penal Code. The accused was also ordered to return the P4 to Tiu Loco or the municipal treasurer, with subsidiary imprisonment in case of insolvency, and to pay costs.