THE PEOPLE OF THE PHILIPPINE ISLANDS, PLAINTIFF AND APPELLEE, VS. DIEGO AN, DEFENDANT AND APPELLANT.

The defendant appeals from the judgment of the Court of First Instance
of Marinduque, sentencing him to ten years, eight months and one day of
prision mayor, fine of 250 pesetas, and to indemnify the
provincial government of Marinduque in the sum of P3 with subsidiary
imprisonment in case of insolvency of the fine and indemnity, and with
the costs, for the crime of estafa through falsification of public
document.

The evidence does not show the estafa.
The P3 alleged stated against the truth in the document Exhibit A,
which is the one said to be falsified, was in fact justly and duly paid
by the defendant, according to uncontradicted testimony. The fraud was
not established, which is an essential element of the crime of estafa alleged in the information.

As to the falsification alleged to have been used as a means to commit the estafa
which was not proven, the only testimony of Melecio Lagatoc,
contradicted by the defendant and Cesar Marifosqui, is not, in our
opinion, sufficient to hold the defendant guilty of evil intent in
making Melecio Lagatoc subscribe the document Exhibit A, having
delivered to him the P3.50, of which P0.50 was for said Lagatoc, and
the P3 to be delivered to Cesar Marifosqui. Such a fact is consistent
with good faith, there being no proof sufficient to show criminal
intent. In cases of falsification, as the one at bar, where the
presumption of arising from the illegal act is overthrown, a conviction
cannot be sustained. So it was held by this court in the cases of
United States vs. San Jose (7 Phil., 604) and United States vs. Arceo (17 Phil., 592).

The judgment appealed from is reversed, and the appellant is acquitted with the costs de oficio. So ordered.

Avanceña, C. J., Street, Malcolm, Villamor, Ostrand, Johns, and Villa-Real, JJ., concur.