Title
Alejo vs. People
Case
G.R. No. 173360
Decision Date
Mar 28, 2008
A military officer was convicted of malversation for misappropriating confiscated logs, deemed public property, by ordering their delivery to his residence, affirmed by the Supreme Court.
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Case Digest (G.R. No. 173360)

Facts:

  1. Charges Against Petitioner

    • Petitioner Lt. Col. Pacifico G. Alejo was charged with Malversation of Public Property under Article 217 of the Revised Penal Code. The charge stemmed from the alleged misappropriation of 1,000 board feet of confiscated logs valued at P20,000.00 on June 8, 1992, in Nueva Ecija.
    • Petitioner was also charged with Violation of Section 3(e) of Republic Act No. 3019 and Direct Bribery, which were jointly tried with the malversation case.
  2. Role of Petitioner

    • Petitioner was the Commanding Officer of the Real Estate Preservation Economic Welfare Center (REPEWC) and the Task Force Commander of Task Force Sagip Likas Yaman (TFSLY), which was involved in anti-illegal logging campaigns.
    • A Memorandum of Agreement (MOA) between the Department of Environment and Natural Resources (DENR) and the 7th Infantry Division (7th ID) of the Philippine Army designated the military as the custodian of confiscated logs.
  3. Prosecution's Evidence

    • Witnesses testified that petitioner ordered the confiscated logs to be transported to his residence.
    • Rodolfo Estremos, a subordinate, testified that he loaded the logs onto a truck and delivered them to petitioner's house upon his instruction.
    • Nelson Flores, the truck driver, corroborated Estremos' testimony.
    • Amrodin Sultan, the Detachment Commander, confirmed that the logs were taken from the detachment upon petitioner's order.
  4. Defense's Arguments

    • Petitioner denied the allegations, claiming that the witnesses were pressured by higher-ranking officials, particularly General Soriano, to testify against him.
    • He also argued that the logs were not properly documented as public property and that he was not an accountable officer under the law.
  5. RTC and Sandiganbayan Decisions

    • The Regional Trial Court (RTC) acquitted petitioner of Direct Bribery and Violation of Section 3(e) of RA 3019 but convicted him of Malversation of Public Property.
    • The Sandiganbayan affirmed the RTC's decision but modified the penalty.

Issue:

  1. Whether petitioner is guilty of Malversation of Public Property under Article 217 of the Revised Penal Code.
  2. Whether the prosecution proved beyond reasonable doubt that petitioner misappropriated the confiscated logs.
  3. Whether the confiscated logs were considered public property under the law.
  4. Whether the testimonies of the prosecution witnesses were credible despite alleged inconsistencies and recantations.
  5. Whether the penalty imposed by the Sandiganbayan was proper.

Ruling:

The Supreme Court affirmed the decision of the Sandiganbayan, finding petitioner guilty of Malversation of Public Property. The Court held that:

  1. Petitioner, as the Commanding Officer of REPEWC and Task Force Commander of TFSLY, was an accountable officer responsible for the confiscated logs.
  2. The prosecution established that petitioner ordered the logs to be delivered to his residence, thereby misappropriating them for personal use.
  3. The confiscated logs, though not strictly government property, were considered public property under Article 222 of the Revised Penal Code.
  4. The testimonies of the prosecution witnesses were credible, and minor inconsistencies did not diminish their reliability.
  5. The penalty imposed by the Sandiganbayan—ranging from 10 years and 1 day of prision mayor to 16 years, 5 months, and 11 days of reclusion temporal, with perpetual special disqualification and a fine of P20,000.00—was proper.

Ratio:

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