G.R. No. L-12666; August 30, 1917
THE UNITED STATES, plaintiff-appellee, vs. JOSE DELGADO, defendant-appellant.

FACTS:
The defendant, Jose Delgado, was a municipal councilor of Ligao, Albay. In April 1916, the municipality authorized the construction of certain streets, with contracts nominally awarded to Ramon Nieves. For one street, the contract price was P246.25. Evidence established that Delgado was the actual contractor, not Nieves. Delgado personally hired and paid laborers (amounting to P80) for the work, while Nieves merely lent his name as the nominal contractor for a fee of P5. Delgado was charged with violating Article 28 of the Municipal Code ( Act No. 82 ), which prohibited public officials from having a personal interest in municipal contracts. After preliminary proceedings, the Court of First Instance found him guilty and sentenced him to six months’ imprisonment and costs. Delgado appealed.

ISSUE:
Whether the evidence sufficiently proved that Delgado violated Article 28 of the Municipal Code by having a direct personal interest in a municipal contract.

RULING:
Yes. The Supreme Court affirmed the conviction. The evidence, including Nieves’s prior written confession (Exhibit A), demonstrated beyond reasonable doubt that Delgado was the real contractor, not Nieves. The trial court properly disregarded Nieves’s contrary trial testimony as discredited by his earlier confession. As a municipal councilor, Delgado’s direct involvement in the contract violated Article 28 of the Municipal Code. The imposed sentence was within legal limits and thus upheld.

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