Professional Documents
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US vs. Kepner (1902 and 1903)
US vs. Kepner (1902 and 1903)
Kepner
December 3, 1902 | Smith, J.
February 14, 1903 | Arellano, C.J.
Importation of US Political and Constitutional Law
Doctrine: Purpose of the legislator was to bring into the new law some of the provisions
previously in force on the subject, and to establish a criminal procedure that was not entirely new.
Case Summary: Thomas E. Kepner (attorney) was charged in the Court of First Instance of
Manila with the crime of Estafa by indorsing a warrant of the Insular Government made payable
to his client (Aun Tan) and collecting and appropriating to his own use the amount thereon
without the authority or consent of the latter. He was found guilty of the crime of estafa. An
appeal was made wherein the right to appeal was challenged.
Facts:
Wong Cheong and Aun Tan (Chinese bakers) were charged before a military commission
with illegally having in their possession 400 sacks of commissary flour, which is the
property of the United States.
While they were in confinement, O.C. Hing, a Chinese friend of the parties, retained
Kepner to obtain their release on bail and to defend them before the military court. They
agreed that he will be paid $300 for his professional services, and an additional $700 on
the condition that he save both from fine/imprisonment and secured release of flour.
Kepner realized that he will not be able to procure the release of the flour because the 2
were guilty of the offense with which they were charged.
The following recap of the next events showed incongruence between that of O.C. Hing’s
and Kepner’s accounts.
Kepner’s own store shows him to be a man lacking in principle and unworthy of the
honorable profession to which he unfortunately belongs.
Issue: Whether or not Kepner may be help criminally liable for Estafa under acting provisions.
Ruling:
The warrant issued by the Insular Government in favor of Aun Tan was the property of
Aun Tan he had the sole right to claim the amounts therein from the Insular Treasury
Using the following provisions, Article 534-535, Nos. 1 and 5 and Article 58 of the Penal
Code concludes that Thomas E. Kepner willfully, illegally, fraudently and feloniously
misappropriated and converted to his own use said warrant and the sum of money which
he collected thereon, and that he is guilty of the crime of the estafa.
Disposition: Wherefore, by reason of the law in such cases made and provided and the articles of
the Penal Code above cited, the court orders and adjudges that the defendant, Thomas E. Kepner
is condemned to one year and eight months and 21 days of presidio correccional and to the
suspension from every public office, profession, trade and right of suffrage with costs.