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[US v. LINO SUMANGIL](https://www.lawyerly.ph/juris/view/ce24?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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[ GR Nos. 5426 and 5427, Mar 07, 1910 ]

US v. LINO SUMANGIL +

DECISION

15 Phil. 406

[ G. R. Nos. 5426 and 5427, March 07, 1910 ]

THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. LINO SUMANGIL, DEFENDANT AND APPELLANT.

D E C I S I O N

CARSON, J.:

These are two separate proceedings against the same defendant for  two separate offenses, in  each of  which the accused was convicted and sentenced to fourteen years eight months and one day of cadena temporal, together with the accessory penalties prescribed by law, and in each of which separate appeal was taken to this court.

For reasons of convenience, and especially on account of the recommendation of clemency hereinafter set out,  the separate appeals in these cases  are taken  up together and decided in a single opinion.

The information in case No. 5426 charges the defendant with the commission of the crime of falsification of a public document, committed as follows:
"On or about the 16th day of May, of the year 1908,  the said defendant, being the municipal treasurer of Cuyapo, maliciously and criminally abused his office  by  issuing an official document as a voucher for certain expenses, in which was set forth a payment of P3.50 made to Tomas Daprosa for the transportation, from Paniqui to Cuyapo, of certain boxes belonging to the municipality, when the sum actually paid was P0.60 and not that hereinbefore stated, making such false statement of facts  for the  purpose of appropriating the balance.  The act was committed in the municipality of Cuyapo, Province of Nueva Ecija, P. I., in violation of the law."
The information  in case No. 5427 charges  the defendant with the  commission of the crime of falsification of a public document,  committed as follows:
"On or about the 19th day of May, of the year 1908, the said defendant, being the municipal treasurer of Cuyapo, maliciously and criminally abused his office by issuing an official voucher for expenses in which was set forth a payment of P1.50 made to Vicente Defiesta, for the transportation  of three cases of oil belonging to the municipality from Paniqui to  Cuyapo,  this not being the true amount paid, which  was P0.50, making such false  statement of facts for the purpose of appropriating the balance.  The act took  place in the municipality of Cuyapo, Province of Nueva  Ecija, Philippine Islands, contrary to law."
The  evidence of record  in both cases fully sustains the findings of fact by the trial court and establishes the guilt of the defendant of the crime with which he was charged in each  case beyond the peradventure of doubt.  We find no error in the proceedings in either case prejudicial to the substantial interests of the accused, and the judgments of conviction and the sentences  imposed in  both cases should, therefore, be affirmed, with the costs of this instance against the appellant.

Under the provisions of article 2 of the Penal Code, and in view  of what seems to us to be the excessive penalty ("taking into consideration the degree of malice  and  the injury caused by the  crime"  of  which defendant was convicted in each case),  which  it  was the  duty of the court below, under strict application of  the  provisions  of  the code, to impose in both cases,  and which it now becomes our duty to affirm, we deem it proper to invite  the attention of the Chief Executive to the nature and character of the two separate offenses committed by the accused and the severe penalties necessarily  imposed upon him upon  conviction thereof,  for such action as shall be deemed proper in  the premises.  So ordered.

Arellano, C. J., Torres, Mapa, Johnson, and Moreland, JJ., concur.

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