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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
September-1927 Jurisprudence                 

  • G.R. No. 27484 September 1, 1927 - ANGEL LORENZO v. DIRECTOR OF HEALTH

    050 Phil 595

  • G.R. No. 26957 September 2, 1927 - PEOPLE OF THE PHIL. v. SIMEON YUSAY

    050 Phil 598

  • G.R. No. 26360 September 7, 1927 - PEOPLE OF THE PHIL. v. ERIBERTO CALLE

    050 Phil 616

  • G.R. No. 27234 September 7, 1927 - ROMAN CATHOLIC BISHOP OF NUEVA SEGOVIA v. COLLECTOR OF INTERNAL REVENUE

    050 Phil 618

  • G.R. No. 26659 September 9, 1927 - GOVERNMENT OF THE PHIL. v. JOAQUIN SERNA

    050 Phil 624

  • G.R. No. 26672 September 9, 1927 - PROCESO ECHARRI v. FELICIANO GOMEZ

    050 Phil 629

  • G.R. No. 27054 September 9, 1927 - MACARIA SOLIS v. CHUA PUA HERMANOS

    050 Phil 636

  • G.R. Nos. 26853-26855 September 10, 1927 - PEOPLE OF THE PHIL. v. HIPOLITO UNDIANA

    050 Phil 641

  • G.R. No. 27143 September 10, 1927 - QUINTILLANA SAMSON v. MANUEL CARRATALA

    050 Phil 647

  • G.R. No. 27178 September 10, 1927 - TIMOTEO UNSON v. SMITH, BELL & CO.

    050 Phil 654

  • G.R. No. 27213 September 10, 1927 - PEOPLE OF THE PHIL. v. LINO S. TAN

    050 Phil 660

  • G.R. No. 27449 September 10, 1927 - CHUA PUA HERMANOS v. REGISTER OF DEEDS OF BATANGAS

    050 Phil 670

  • G.R. Nos. 26598 & 26599 September 17, 1927 - SIA SIMEON VELEZ v. RAMON CHAVES

    050 Phil 676

  • G.R. No. 26671 September 17, 1927 - MUNICIPALITY OF ORION v. F. B. CONCHA

    050 Phil 679

  • G.R. No. 27209 September 17, 1927 - ANDRES M. GABRIEL v. PROVINCIAL BOARD OF PAMPANGA

    050 Phil 686

  • G.R. No. 27020 September 19, 1927 - ASIA BANKING CORPORATION v. M. J. MCCUENE

    050 Phil 694

  • G.R. No. 27498 September 20, 1927 - IN RE: JOSEFA TONGCO v. ANASTACIA VIANZON

    050 Phil 698

  • G.R. No. 28320 September 20, 1927 - RUFO SAN JUAN v. PERFECTO ABORDO

    050 Phil 703

  • G.R. No. 26849 September 21, 1927 - GOVERNMENT OF THE PHIL. v. MARTINO TOMBIS TRIÑO

    050 Phil 708

  • G.R. No. 26771 September 23, 1927 - RUPERTO SANTOS v. PUBLIC SERVICE COMMISSION

    050 Phil 720

  • G.R. No. 27180 September 24, 1927 - TEODORO DE CASTRO v. MARINO OLONDRIZ

    050 Phil 725

  • G.R. No. 26538 September 27, 1927 - PEOPLE OF THE PHIL. v. FLORENTINO SORIANO

    050 Phil 735

  • G.R. No. 26844 September 27, 1927 - ISABEL FLORES v. TRINIDAD LIM

    050 Phil 738

  • G.R. No. 26941 September 27, 1927 - JUAN ARQUIZA LUTA v. MUNICIPALITY OF ZAMBOANGA

    050 Phil 748

  • G.R. No. 27048 September 27, 1927 - SILVESTRA BARON v. ANSELMO SAMPANG

    050 Phil 756

  • G.R. No. 27552 September 27, 1927 - MANILA MERCANTILE Co. v. MARIANO FLORES

    050 Phil 759

  • G.R. No. 28117 September 27, 1927 - LORENZA SUÑGA v. FRANCISCO TINGIN

    050 Phil 766

  • G.R. No. 27110 September 28, 1927 - PEOPLE OF THE PHIL. v. GUILLERMO MIANA

    050 Phil 771

  • G.R. No. 27120 September 28, 1927 - JUANA AGAPITO v. CANDIDO MOLO

    050 Phil 779

  • G.R. No. 26708 September 29, 1927 - PEOPLE OF THE PHIL. v. ALEJO RESABAL

    050 Phil 780

  • G.R. No. 27483 September 29, 1927 - ENCARNACION RAMOS v. JUSTO DUEÑO

    050 Phil 786

  • G.R. No. 27895 September 30, 1927 - CLEMENTE REYES v. PABLO BORBON

    050 Phil 791

  • G.R. No. 27040 September 29, 1927 - PEOPLE OF THE PHIL. v. FAUSTINO GARALDE

    052 Phil 1000

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    G.R. No. 27040   September 29, 1927 - PEOPLE OF THE PHIL. v. FAUSTINO GARALDE<br /><br />052 Phil 1000

     
    PHILIPPINE SUPREME COURT DECISIONS

    EN BANC

    [G.R. No. 27040. September 29, 1927.]

    THE PEOPLE OF THE PHILIPPINE ISLANDS, Plaintiff-Appellee, v. FAUSTINO GARALDE, Defendant-Appellant.

    Esteban B. Diaz for, Appellant.

    Attorney-General Jaranilla, for Appellee.

    SYLLABUS


    1. CRIMINAL LAW; ESTAFA THROUGH FALSIFICATION OF PUBLIC DOCUMENTS; MALVERSATION OF PUBLIC FUNDS. — It has been sufficiently proved in this case that the appellant, in conspiracy with his coaccused, and assisted by the latter, and taking advantage of his office as assistant postmaster, appropriated, through the falsification of public documents, the value of certain money orders which he had received by reason of his office. Considering that the amounts abstracted and appropriated by the defendant and appellant were Government funds, according to section 658 of the Administrative Code, it is held that the appellant committed the crime of malversation, in addition to falsification of public documents, and that he is rightly sentenced for both crimes.


    D E C I S I O N


    ROMUALDEZ, J.:


    The information filed in this case is for estafa, with falsification of commercial documents, and reads as follows:jgc:chanrobles.com.ph

    "That on or about one of the last days of the month of January, 1926, in the municipality of Bangui, Province of Ilocos Norte, Philippine Islands, the said accused Faustino Garalde being then assistant postmaster in charge of the post-office of said municipality, and taking advantage of his position as such, conspiring and scheming between themselves, working together and confederating and mutually helping each other, voluntarily, unlawfully and criminally, with intent to gain and to damage and defraud Cosme Valdes, appropriated postal money orders Nos. 99014 and 99015 in the sum of $100 and $60 respectively, in favor of said Cosme Valdes, sent by registered mail by Anselmo Tangunan from Koloa, Hawaii, which the said accused Faustino Garalde had received by reason of his office as assistant postmaster; the aforementioned accused having succeeded in collecting for their own use and benefit the amount of the said postal money orders by means of falsification of the same, consisting in causing it to appear that persons participated in an act who did not do so, and in having counterfeited or imitated the signature of the said Cosme Valdes, to his damage in the total sum of $160 U. S. currency, equivalent to P320, that is 1,600 pesetas, Philippine currency."cralaw virtua1aw library

    "Contrary to law."cralaw virtua1aw library

    After trial the Court of First Instance of Ilocos Norte found the accused Faustino Garalde guilty as principal of estafa with falsification of official documents, and the accused Candido Aguillon as accomplice, imposing upon the former ten years and one day prision mayor, perpetual disqualification for holding public office, the accessories of the law and a fine of two hundred fifty pesetas; and upon the latter, two years, four months and one day prision correccional, with the accessories of the law, and both to indemnify the post-office at Bacarra, Ilocos Norte, in the sum of P120 and the post-office at Bauang, La Union in the sum of P200, with subsidiary imprisonment in case of insolvency with respect to the accused Aguillon, plus the costs, and ordering the confiscation of the sum of P75.51 to be delivered to the post-office at Bauang, La Union, and to be applied on the P200 which the said accused were ordered to pay to said office.

    It is the appeal of Faustino Garalde that concerns us in this instance, which he bases on two assignments of error that refer to the sufficiency of the evidence of the charge.

    We have reviewed and studied all the evidence presented and we find it sufficiently proven that the appellant, in conspiracy with his coaccused, and assisted by the latter, and taking advantage of his office as assistant postmaster of the municipality of Bangui, Ilocos Norte, through the falsification of public documents, appropriated postal money orders Nos. 99014 and 99015 in the sum of $100 and $60, respectively, which money orders had been received by him by reason of said office of assistant postmaster.

    The guilt of the accused is sufficiently established beyond a reasonable doubt.

    Taking into consideration that the amounts abstracted and appropriated by the accused were at that time Government funds, according to the definition of section 658 of the Administrative Code, we hold that the appellant committed malversation besides the falsification of public documents, both crimes being sufficiently alleged, described and proven herein, the sufficiency and legality of which is not in question.

    Therefore, modifying the judgment appealed from, the appellant is found guilty of the crimes of malversation of Government funds and falsification of public documents, and for the falsification of public documents the penalty of eight years and one day prision mayor is imposed upon him, with the accessories of the law, perpetual disqualification from holding public office, a fine of 250 pesetas and to indemnify the Government in the sum of P244.49; and for the crime of malversation he is sentenced to two years imprisonment, perpetual disqualification for holding public office, a fine of P320 with subsidiary imprisonment in case of insolvency, one-half of the costs of the first instance and the costs in the present appeal, with the understanding that the personal penalties hereby imposed shall not be served simultaneously. So ordered.

    Avanceña, C.J., Johnson, Street, Malcolm, Villamor, Johns and Villa-Real, JJ., concur.

    G.R. No. 27040   September 29, 1927 - PEOPLE OF THE PHIL. v. FAUSTINO GARALDE<br /><br />052 Phil 1000


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