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Republic of the Philippines

SUPREME COURT
ManilaEN BANC
GR No. L-47741 April 28, 1941
THE PEOPLE OF THE PHILIPPINES,
plaintiff and appellee,
vs
SANTIAGO S. VELASQUEZ,
defendant and appellant.
Vicente D. Bengzon for appellant.
Mr. Attorney General Assistant Attorney Ozaeta Mr. Cuyugan in representation of
the Government.
HORRILLENO,
J.:
The present case involves only a matter of law.
Hence the Honorable Court of Appeals has certified to this superiority.
That question is this: In view of the facts admitted by the appellant, whether or not
the same is found guilty of embezzlement of public funds, defined and punished by
Article 227 of the Revised Penal Code.
In the original ruling of the lower court the following facts:
Towards the period from September 9, 1937 to December 6, 1938, the appellant
was a public official, who held the position of assistant cashier at the provincial
treasury of Pangasinan, with office in the town of Lingayen in the same province.
In that time, the appellant, in his capacity of assistant cashier of Pangasinan provincial treasury, received
inthe town of Lingayen, municipal treasuries of Malasiqui, Tayug, Binalonan, San Quintin, Rosales and
Manaoag,various amounts of money amounting to the total sum of P1, 701.26, without any receipt issued
by the aforementionedamounts. These funds were the "Red Cross", the "Anti-Tuberculous" and "Boy
Scouts".

The December 6, 1938,delegates auditors, Messrs. Blas Pedro Velasco Giron and, to
take the test and calibration of the funds in the custodyof the appellant, in the
above capacity, found a deficit of P1, 701.26, the appellant could not explain.
So this, onseveral occasions, from December 9, 1938 until January 30, 1939, was
paid to the provincial treasury of the defraudedamount Pangasinan.
On appeal, the appellant argues that the amounts were not misappropriated public
funds, so you can not find defendant guiltyof the crime.
Having admitted that he had received the amounts in question, in the performance
of their official several municipal treasuriescharge of this province, the amounts
mentioned are public funds, it has to answer, according to Article 609 of the
RevisedAdministrative Code, which provides:
ART. 609.
Disposition of funds collected by public officials.
- Except as otherwise specially provided, must accountfor all funds officially
received by a public
official in any capacity or on any occasion, as government
funds.
This Court repeatedly has already decided that when a public official receives any
money, for safekeeping, the charactersacquired public funds (GR No. 44363,
December 17, 1937, People v. Castro, GR No. 41747, August 30. 1935,People vs.
Sibulo, RG No. 40714,. Aug. 7, 1939).
In view of these decisions, it is clear that the appellant, to receive theamount of P1,
701.26, which funds were "Red Cross", the "Anti-Tuberculous" and "Boy Scouts",
responsible for such sum became .
Unable to thus give a satisfactory explanation of the lack of money, when the test
and calibration of his books weremade by the auditors, has been guilty of the crime
of embezzlement of public funds, the prosecutor alleged in complaint.
We are with the Hon Attorney General has in estimating the return made by the
appellant in the amount defrauded as specialmitigating circumstance without
aggravating the offset.
This will also be ordered the appellant to suffer the minimum degree inthe penalty
prescribed by law.
With the only modification, therefore, the appellant shall mean condemning suffer
an indeterminate penalty of six months andone day to four years, two months and
one day of prision correccional, we uphold the original ruling, in all other parts,
thecosts to the appellant.
So is ordered.

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