G.R. No. L-880, November 14, 1902
THE UNITED STATES, complainant-appellee, vs. ROMAN SARMIENTO, defendant-appellant.

FACTS:
On November 1, 1901, Roman Sarmiento was a clerk at the Manila custom-house. His duty included preparing a triplicate note stating a vessel’s tonnage and the corresponding license fee ($1 per ton) upon application for a coastwise trade license. On November 4 or 5, Juan Urnales applied for a license for the vessel “Dolores,” presenting an old license showing a tonnage of 325.73 tons. Instead of preparing the note for $325.73, Sarmiento made it for $25.73. He then obtained the $326 from Urnales under the pretense that the cashier only accepted bank bills, paid the cashier only $25.73, altered the payee’s note by adding a “3” before “25.73,” and delivered the license and altered note to Urnales. The fraud was discovered the same day. The next morning, Sarmiento promised his chief to repay the $300 and later caused that amount to be paid to the cashier.

ISSUE:
Whether the trial court erred in convicting the defendant under Article 301 of the Penal Code (falsification by a private individual) instead of Article 300 (falsification by a public official).

RULING:
The Supreme Court affirmed the conviction but modified the legal classification and penalty. The Court held that Sarmiento was a public functionary as defined in Article 401 of the Penal Code, as he participated in public functions by public appointment. The falsification was committed in the discharge of his official duties. Therefore, the crime was properly defined and penalized under Article 300, not Article 301. The Court found Sarmiento’s claim of an unintentional mistake not credible given the evidence of his subsequent actions to conceal the fraud. The Court also rejected the appellant’s other assignments of error regarding the language of testimony and the complaint’s sufficiency. The penalty was increased from six years and one day to twelve years and one day of reclusión temporal.