Matters of Defense Not a Ground for Motion to Quash

PEOPLE vs. MIRANDA

G.R. No. L-16122, May 30, 1961 

2 SCRA 261

Facts:    In 1958, Miranda, a postmaster in Cantillan, Surigao was charged in CFI Surigao with the crime of malversation of public funds through falsification of public documents in that he allegedly falsified and made alterations in his records of collections and payment and official cash books, to make it appear that more sums were paid out by him on telegraphic transfers and money orders to contain persons than those actually disbursed, and then as appropriated and converted the difference to his own use and benefit, to the damage and prejudice of the national government in the amount of P3,684.81

Miranda moved to dismiss the case on the ground that within 24 hours after the discovery of the supposed malversations, he reimbursed or made good the missing amounts, thereby negativing criminal intent on his part, and furthermore, that whatever criminal liability he had incurred under the circumstances was extinguished by such reimbursements.

The trial court sustained the motion and dismissed the case. The fiscal moved to reconsider the order of dismissal but the trial court denied the motion. Hence the appeal.

Held:   While Miranda alleged in his motion to quash at his having returned the amounts missing in his accounts before the filing of this case negatives criminal intent on his part, and that the falsifications and malversations charged against him are actually nothing more than honest mistakes or errors in the entries or computations made by him in his books and records, such facts constitute at most a defense against the charges against him which he must prove at the trial; but does not constitute valid ground for the dismissal of this case at a stage when trial has not even began and the prosecution has not yet started presenting its evidence.

It is too well-settled for any serious argument that whether in malversation of public funds or estafa, payment, indemnification, or reimbursement of, or compromise as to, the amounts or funds malversed or disappropriated, after the commission of the crime, affects by the civil liability of the offender but does not extinguished his criminal liability or relieve him from the penalty prescribed by law for the offense committed, because both crimes are public offenses against the People that must be prosecuted and penalized by the Government in its own motion, though complete reparation should have been made of the damage suffered by the offended parties.

Even if Miranda is able to show that he committed no malversation, he may still be found guilty of the lesser crime of falsification of public documents, which is necessarily included in the complex crime of malversation through falsification of public documents charged in this case.