Академический Документы
Профессиональный Документы
Культура Документы
vs.
People
Facts:
Selso
M.
Manzanaris
is
the
Clerk
of
Court
of
the
Court
of
First
Instance
of
Basilan
since
1963.
He
is
the
custodian
of
all
the
records
of
the
said
court.
Criminal
case
was
filed
against
Geronimo
Borja
for
malversation
of
public
funds
and
Certificate
Title
No.
877
of
the
Register
of
Deeds
of
Basilan
was
among
the
property
bond
filed
by
Borja.
When
Manzanaris
discovered
that
the
original
Title
was
not
existing
in
the
Register
of
Deeds,
he
ordered
a
subordinate
to
give
a
copy
of
the
title
for
the
administrative
reconstitution
of
such.
Borja
signed
a
receipt,
Received
from
the
Clerk
of
Court
Selso
M.
Manzanaris
OCT
No.
877
to
be
reconstituted
in
the
Register
of
Deeds.
After
reconstitution
to
be
returned
to
the
court.
Release
and
delivery
was
done
without
any
court
order.
Trinidad
Borja,
wife
of
Geronimo
Borja
was
able
to
Reconstitute
the
Original
Certificate
of
Title
No.
877
in
Nov.
1974
but
the
Certificate
was
not
turned
over
to
the
court.
It
was
also
known
that
on
June
11,
1975
building
of
the
Court
of
First
Instance
of
Basilan,
with
all
the
records
and
documents
of
the
court,
were
burned.
1981,
when
Atty.
Filoteo
Jo
filed
a
petition
to
borrow
the
original
title.
This
was
denied
as
issued
in
the
Certificate
given
by
Manzanaris
that
the
Title
was
among
those
burned
in
fire.
The
lawyer
later
informed
Manzanaris
that
Mrs.
Borja
was
able
to
reconstitute
the
said
Title,
it
was
only
then
that
Manzanaris
remembered
that
he
had
the
Title
delivered
to
Geronimo.
Since
then,
She
repeatedly
asked
for
the
return
of
the
said
title,
but
Mrs.
Borja
could
no
longer
find
it
in
the
files
of
her
deceased
mother,
the
registered
owner.
Sandiganbayan
found
Manzanaris
guilty
in
Violation
of
Art.
226.
In
his
petition,
admitted
the
removal
of
the
said
Title
for
reconstitution
saying
that
he
was
actuated
with
a
lawful
and
commendable
motive,
that
is,
To
protect
the
interest
of
the
state,
since
the
unreconstituted
certificate
of
title,
given
as
property
bond,
was
absolutely
inefficacious
for
such
purpose.
Issue:
Whether
or
not
Selso
M.
Manzanaris
has
a
criminal
intent
or
illicit
purpose
in
Violation
of
Infidelity
in
the
custody
of
documents
Art.
226.
Removal,
concealment
or
destruction
of
documents.
Held:
No.
Guilt
of
the
crime
of
Infidelity
in
the
custody
of
documents,
the
act
of
removal,
as
in
this
case,
should
be
with
a
criminal
intent
or
illicit
purpose.
Actum
non
facit
reum,
nisi
mens
sit
rei,
The
act
does
not
make
a
man
criminal
if
his
mind
in
not
criminal.
There
are
offenses
that
mere
commission
is
already
a
crime
with
intent
but
that
presumption
is
made
only
on
acts
that
are
criminal.
In
this
case,
it
is
not
criminal
nor
malum
prohibitum,
which
makes
the
doer
liable
by
mere
commission
even
without
evil
intent.
Manzanaris
was
motivated
with
a
sincere
desire
to
protect
the
interest
of
the
Government.
He
did
not
benefited
from
the
said
act.
In
Kataniag
vs.
People,
SC
ruled,
The
act
of
removal,
destruction
or
concealment
of
public
documents
is
punished
by
law
only
when
any
of
such
acts
would
constitute
infidelity
in
the
custody
thereof.
Sandiganbayan
ruling
was
reversed
and
petitioner
acquitted.
Costs
de
eficio