G.R. No. L-4426
THE UNITED STATES, plaintiff-appellee, vs. BENITO FILOTEO, defendant-appellant.
August 28, 1909

FACTS:
On December 20, 1906, Eleuterio Matildo delivered a letter containing a P10 bill to Benito Filoteo, the postmaster of Oroquieta, Misamis, for registered mail to Gorgonio Boaqueno in Manila. Filoteo issued a receipt (Exhibit J) for the letter. After one month, Matildo learned from Boaqueno that the letter had not been received. It was discovered that the registered letter (No. 153) was not entered in the official post office register book (Exhibit E). Furthermore, the handwriting and signature on Matildo’s receipt (Exhibit J) were identified as Filoteo’s, matching other official documents.

Filoteo denied receiving the letter from Matildo and repudiated his handwriting and signature on Exhibit J. He also refused to acknowledge Exhibit E, the book where registered letters were supposed to be entered, as authentic, despite recognizing other office books.

A complaint was filed charging Filoteo with faithlessness in the custody of documents, alleging he stole, concealed, and destroyed the letter, profiting P10, to the prejudice of Matildo and the public service. The trial court convicted Filoteo, sentencing him to prision correccional, a fine, payment of P10 to Matildo, subsidiary imprisonment, and special disqualification from public office. Filoteo appealed.

ISSUE:
Whether Benito Filoteo, as a public official (postmaster), was guilty of faithlessness in the custody of documents for the disappearance of a registered letter containing P10.

RULING:
Yes, the Supreme Court affirmed the trial court’s judgment, finding Benito Filoteo guilty. The Court held it was a “fully proven fact” that the registered letter, along with the P10 it contained, disappeared and was not received by the addressee. The disappearance of such a letter, when handled by a public official specifically designated to look after and forward mail, leads to the presumption that it was stolen or destroyed to gain possession and benefit from the amount contained therein. This act constitutes the crime of faithlessness in the custody of documents under Article 360 of the Penal Code.

The Court emphasized that the mere act of retaining mail matter and not forwarding it to its destination, or missending it with malicious intent, even without opening or rifling its contents, per se constitutes faithlessness on the part of the officer whose imperative duty it is to dispatch mail without undue delay.

Considering the evidence presented, including Matildo’s testimony, the matching handwriting, the failure to enter the letter in the official register, and Filoteo’s unconvincing denials, the Court concluded that there was full conviction, beyond all doubt, that Filoteo “stole and destroyed the letter… in order to obtain the sum of P10 contained therein and to the prejudice of the sender thereof.” No aggravating or mitigating circumstances were found.

The Court affirmed the sentence imposed by the trial court: one year eight months and twenty-one days of prision correccional, accessory penalties, a fine of P200, payment of P10 to Eleuterio Matildo, corresponding subsidiary imprisonment in case of insolvency, and special disqualification from public office for eleven years and one day.