G.R. No. L-4687

FACTS:
Ciriaco Manlimos, the president of the municipality of Liloan, was convicted by the Court of First Instance of Leyte of estafa. He was sentenced to one year and six months of prision correccional, to restore P100, with subsidiary imprisonment, suspension from public office, and costs. The municipality owned 24 molave wood beams. The prosecution alleged that Manlimos, while building a church in the municipality, took these 24 beams from a pile of 29, used them for the church, and replaced them with older, less valuable beams. Manlimos, on the other hand, claimed that the municipality had 30 beams, of which 8 were being used for a schoolhouse, and the remaining 22 were in a public place. He asserted that the beams used for the church were taken from a different pile. The Court noted that the evidence from both sides was “evenly balanced” and expressed disapproval of the practice of counsel agreeing on what uncalled witnesses would testify, stating it cannot be accepted as proof on oath or weighed for credibility.

ISSUE:
Did the acts allegedly committed by Ciriaco Manlimos constitute the crime of estafa?

RULING:
No. The Supreme Court ruled that even if the offense was committed, it did not constitute estafa. The Court reasoned that the beams were not shown to have been in the “especial custody” of Ciriaco Manlimos, nor was he, by reason of his office, charged with any specific duty regarding them. Therefore, if he took the beams, he did so “as any other individual might have taken them,” and his crime did not fall within the complaint laid against him for estafa. The Court dismissed the complaint, absolved Ciriaco Manlimos, and ordered the costs of both instances de oficio.

THE UNITED STATES, plaintiff-appellee, vs. CIRIACO MANLIMOS, defendant-appellant.
October 31, 1908