Case No.

41

GR No. 6486 March 2, 1911

THE UNITED STATES, Plaintiff-Appellee,

v.
Rafael Catolico, Defendant-Appellant.

Facts: The justice of peace of Cagayan had before him 16 separate civil cases initiated
by Juan Canillas for damages resulting from breach of contract. All cases were decided
in favour of Canillas and all defendants appealed the decision and deposited Php 16
and a bond of Php 50 as required by law. It appears that the sureties of the bond were
insolvent and new bonds were not presented on the extension given. Canillas appealed.
The justice of peace dismissed the appeals and ordered the sm of money attached and
delivered to Canillas in satisfaction of the judgment. The judge was prosecuted for
malversation of funds.

Issue: 
Whether or not the defendant is guilty of felony.

Decision: 
Judgment of conviction is reversed and defendant ordered to be discharged from
custody.
The judge decided in good faith under the belief that he was acting judiciously and
correctly. It was a result of erroneous exercise of judicial function and not an intention to
deprive any person of his property feloniously. He acted that debts might be paid t those
who they are legally and justly due and not to enrich himself or another by criminal
misappropriation. It was a mistake not a crime.