|
|
|
|
|
THE
PEOPLE OF THE
PHILIPPINE ISLANDS,
G.
R.
No. 43430
January
7, 1936
-versus-
FILEMON D. MALABANAN, Defendant-Appellant. HULL,
J :
Appellant was convicted
in the Court of First Instance of Batangas for violation of Article 208
of the Revised Penal Code.
In July, 1933, appellant was Municipal President of the Municipality of San Juan, Province of Batangas, and was engaged in raising funds for the construction of a ward in the provincial hospital, for tubercular patients. Notwithstanding all his efforts to secure contributions, he was unable to approximate the quota which had been set for his town by the provincial authorities, and he therefore on July 22 and July 29, organized and held cock-fights, neither day being authorized by law for such purposes. Article 208 of which appellant was found guilty, reads as follows:
It is not clear whether
the Government is claiming the right to punish appellant because he did
not institute prosecution against himself for organizing a cockfight on
a day other than those permitted by law or, under the last clause, that
it was his duty to have prosecutions instituted against all who
attended
the cockfights and bet money thereon.
It is also contended in argument that the word "maliciously" in the Act means no more than mere knowledge or voluntary violation of the law and that it only applies to the first clause and does not qualify the toleration therein denounced. It is true that the word "maliciously" has been given by the courts different meanings according to the context of the legislation in which the word is used. The Spanish text of the Act being the controlling one, the definition of "malicia" found in 21 Encyclopedia Juridica Española, page 542, is instructive.
"La malicia es la caracteristica subjetiva o psicologica de delito, segun las ideas tradicionales de la escuela penal española. Asi, desde los comienzos de la codificacion, el Codigo Penal de 1822 definia el delito de esta suerte: 'Comete delito el que, libre y voluntariamente, y con malicia, hace u omite lo que, libre la ley prohibe o manda bajo alguna pena' (art. 1.°). Y aun despues de eliminada la palabra en la redaccion del Codigo de 1870, todavia la repite el Codigo Penal de la Marina de guerra, como si fuera de hecho insubstituible: 'Son delitos y faltas las acciones u omisiones penadas por la ley y ejecutadas con malicia' (art. 1.°). Pero, ¿llamariamos realmente 'malicia' al estado de animo del delincuente politico generoso, del delincuente politico generoso, del delincuente pasional honrado? La formula, no obstante sus apariencias de exactitud, nos parece incapaz de servir de comun denominador a todos los delitos. "En otra de sus acepciones que en Derecho tiene menos valor, la palabra 'malicia' equivale a la penetracion, sutileza y sagacidad propia de ciertos espiritus, mas o menos habitualmente." These definitions indicate
what the ordinary use of the word connotes, that the action complained
of must be the result of a deliberate evil intent and does not cover a
mere voluntary act.
Looking at it from a practical standpoint, it is clear that giving this section the most liberal interpretation possible would result in impossible conditions in these Islands. If every public functionary who fails to institute criminal proceedings for every misdemeanor which he has reason to believe has been committed is liable to be sent to jail for a year and a half as a felon, an intolerable situation would occur. Every Municipal President in the Islands would be subject to conviction by the machinations of his political enemies under a statute as rigorous as any devised by Draco. Appellant admits in his testimony acts which are clearly denounced by Article 199, paragraph 1, of the Revised Penal Code.
For his infraction of the
law, he can be punished under this section, and there is no necessity
of
straining a highly criminal statute to adequately punish his acts.
We, therefore, find appellant not guilty of a violation of Article 208 but guilty of a violation of Article 199, paragraph 1, of the Revised Penal Code, and sentence him to pay a fine of P10, with subsidiary confinement in case of insolvency. The judgment appealed from, as thus modified, is affirmed. Costs against appellant. So ordered. Malcolm, Villa-Real, Abad Santos, Vickers, Butte, Goddard and Diaz, JJ., concur. AVANCEÑA,
C.J.,
Dissenting:
It
is alleged in the Information,
among other things, that the appellant, being Municipal President of
San
Juan, Batangas tolerated cockfights at which money was betted on days
not
permitted by law. The appellant's admission that he organized and
conducted
these cockfights establishes this allegation of the Information in the
sense that he tolerated the commission of the violation of the law
wherein
others, besides him, intervened. In my opinion, this is sufficient to
warrant
the affirmance of the sentence. In view of the circumstances of the
case,
however, the absolute pardon of the appellant should be recommended to
the Chief Executive.
|
|
|
|
|
|
|
|
|