Title
Agullo vs. Sandiganbayan
Case
G.R. No. 132926
Decision Date
Jul 20, 2001
Elvira Agullo, a disbursing officer, was acquitted of malversation after proving funds were lost due to a stroke, rebutting the presumption of guilt under Article 217 of the Revised Penal Code.
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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:

  1. Whether the prosecution proved beyond reasonable doubt that Agullo malversed public funds.
  2. Whether the presumption of malversation under Article 217 of the Revised Penal Code was sufficiently rebutted by Agullo’s defense.
  3. 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)


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