Case Digest (G.R. No. 132926)
Facts:
The case involves Elvira Agullo, the petitioner, who was charged with malversation of public funds in Criminal Case No. 13579. Agullo served as the Disbursing Officer of the Ministry of Public Works and Highways (MPWH), Regional Office No. VIII, located in Candahug, Palo, Leyte. The events leading to the charge occurred between October 22, 1985, and July 14, 1986. An audit conducted on July 14, 1986, revealed a cash shortage of P26,404.26 in Agullo's accounts. Following the audit, a letter of demand was issued to her, requiring her to explain the cash shortage. Agullo claimed that the funds were lost due to a stroke she suffered on October 22, 1985, which incapacitated her. During the trial, she admitted to the cash shortage but denied any wrongdoing, asserting that the funds were not used for personal gain. The Sandiganbayan found her guilty of malversation, sentencing her to an indeterminate penalty of imprisonment and imposing fines. Agullo ap...
Case Digest (G.R. No. 132926)
Facts:
Background and Charge:
- Elvira Agullo, a Disbursing Officer of the Ministry of Public Works and Highways (MPWH) Regional Office No. VIII, was charged with malversation of public funds under Article 217 of the Revised Penal Code. The charge stemmed from a cash shortage of P26,404.26 discovered during an audit on July 14, 1986.
Pre-Trial Admissions:
- During the pre-trial, Agullo admitted her official position and the fact of the audit. She also admitted receiving a letter of demand regarding the cash shortage. Her defense was based on her claim that she suffered a stroke on October 22, 1985, which led to the loss of the funds.
Defense's Claim:
- Agullo testified that on October 21, 1985, she encashed checks totaling P26,076.87 at the Philippine National Bank (PNB) and placed the money in her bag. On October 22, 1985, while walking to her office, she suffered a stroke, collapsed, and lost consciousness. She claimed the money was lost during this incident.
Medical Evidence:
- Agullo presented medical certificates showing she had a history of hypertension and suffered a stroke on October 22, 1985, leading to partial paralysis and hospitalization.
Prosecution's Evidence:
- The prosecution relied on the Report of Cash Examination and the Letter of Demand, which established the cash shortage. They did not present any witnesses to prove Agullo’s personal use of the funds, relying instead on the presumption of malversation under Article 217 of the Revised Penal Code.
Issue:
- Whether the prosecution proved beyond reasonable doubt that Agullo malversed public funds.
- Whether the presumption of malversation under Article 217 of the Revised Penal Code was sufficiently rebutted by Agullo’s defense.
- Whether the Sandiganbayan erred in convicting Agullo based on the prima facie evidence of malversation despite the lack of direct evidence of conversion.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)