Facts:
Felix H. Cabello, who served as Postmaster of San Juan, Southern Leyte, was the accused in an information filed by the
People of the Philippines charging him with
malversation of public funds under
Article 217 of the
Revised Penal Code based on an audit of his cash and accounts for the period August 29, 1984 to May 28, 1985 which disclosed a shortage of P160,905.63; he was required to produce the missing funds and to explain in writing within seventy-two hours but neither restituted the amount nor furnished the written explanation. The information alleged that on or about May 28, 1985 and for some time prior thereto Cabello wilfully, unlawfully and feloniously misappropriated, embezzled and converted to his personal use P160,905.63 in fees, charges and stamps. He was arraigned on May 4, 1989, pleaded not guilty with counsel, and after trial the
Sandiganbayan rendered judgment on June 28, 1990 finding him guilty as principal of malversation and sentencing him under the
Indeterminate Sentence Law to an indeterminate penalty of ten years and one day to eighteen years, eight months and one day, perpetual special disqualification, a fine and indemnity of P160,905.63, and costs.
Issues:
- Can an accountable public officer be convicted of intentional malversation absent direct proof that he appropriated the missing funds for his personal use? 2. Did petitioner rebut the prima facie presumption of malversation under Article 217 by showing that the missing funds were given as cash advances or "vales" and otherwise accounted for? 3. Is a conviction for malversation sustainable when the information alleges intentional malversation but the proof, or asserted theory of loss, points to negligence or a different mode of commission?
Ruling:
Ratio:
Doctrine: