GR L 4922; (April, 1909) (Digest)
G.R. No. L‑4922
April 12, 1909 United States v. Eulogio Reyes Carrillo
FACTS
– On 24 March 1908, defendant Eulogio Reyes Carrillo, at a public gathering in Manila, uttered in Tagalog/Pampango a statement (translated into English) alleging that Dr. Lucban, who had collected ₱4,500 in subscriptions for an “independence party,” misappropriated the fundsspending portions on shoes, beer, caromata hire, meals, ice, and taking an additional ₱20.20, while the cash box’s contents were said to have “disappeared.”
– The prosecutor charged Carrillo with slander (calumnia) under Art. 452 of the Philippine Penal Code.
– Carrillo moved a demurrer, arguing (1) the information was not properly Formulated, and (2) the alleged facts did not constitute a crime.
– The trial court dismissed the first ground but sustained the second, ordering Carrillo’s release and cancellation of his bond. The United States appealed.
ISSUE
Whether the statements attributed to Carrillo constitute slander under Art. 452, i.e., the false imputation of a crime punishable de officio (ex officio) by the State.
RULING
– The Court held that the allegations against Dr. Lucban do not describe any punishable offense.
– Collecting subscription money for a political party is lawful.
– Expenditures on shoes, beer, meals, etc., are not criminal absent proof of lack of authority, fraud, or prejudice to the subscribers.
– The mere taking of ₱20.20 is not criminal without showing the manner, purpose, or illicit intent.
– The statement that “the cash box contents have disappeared” is vague, impersonal, and may refer to lawful expenditure; it does not in itself imply a criminal act.
– Because no specific crime was imputed, the essential element of slanderfalse accusation of a de officio crimewas missing.
– Consequently, the demurrer on the second ground was affirmed; Carrillo’s conviction was nullified, and the appellate court affirmed the trial court’s order, with costs against the appellant.
Concurrence: Justices Arellano, Torres, Johnson, and Carson joined the opinion.