G.R. No. 6486, U.S. V. Catolico, 18 Phil.

504
FACTS:
The defendant Juan Canillas (Presiding officer of the court of justice of the peace)
was convicted by the Court of First Instance of the Province of Cagayan of the crime
malversation of public funds. He was sentenced to two months imprisonment, to
perpetual disqualification to hold public office or public employment of any kind and
to the payment of the costs. For requiring each appellant of the case he presided
P16, as well as the giving of a proper undertaking with solvent sureties. In which
case they presented a case against him to the Court of First Instance ordering him
to deliver to the clerk of the court the sums deposited by the defendants in said
actions, which he obeyed.
ISSUE:
Whether or not the case made against the appellant lacks many essential elements
required by law to be present in the crime of malversation of public funds.
HELD:

The case made against the appellant lacks many of the essential elements
required by law to be present in the crime of malversation of public funds.
The accused neither used the money for his own benefit nor for the benefit of
other people.
That he delivered the said sums to the plaintiff in satisfaction of the judgment
which he held in those cases, cannot be considered an appropriation or a
taking of said sums within the meaning of Act No. 1740.
All his action were done in good faith and under the belief that he was acting
judicially and correctly upon requiring the appellant to pay P16 as presiding
officer of the court of justice of the peace.
To constitute a crime, the act must, except in certain crimes made such by
statute, be accompanied by a criminal intent, or by such negligence or
indifference to duty or to consequences, as, in law, is equivalent to criminal
intent.