Case Digest (G.R. No. 93885)
Facts:
- Felix H. Cabello served as the postmaster of San Juan, Southern Leyte.
- An audit covering August 29, 1984, to May 28, 1985, revealed a shortage of public funds amounting to P160,905.63.
- Cabello was required to return the missing funds or provide a written explanation within seventy-two hours but failed to do so.
- He faced charges of malversation of public funds under Article 217 of the Revised Penal Code, accused of willfully misappropriating the funds for personal use.
- Cabello was arraigned on May 4, 1989, and pleaded not guilty.
- The Sandiganbayan found him guilty, sentencing him to an indeterminate penalty of ten years and one day to eighteen years, eight months, and one day of reclusion temporal, along with perpetual special disqualification, a fine of P160,905.63, and an order to indemnify the government for the same amount.
- Cabello filed a petition for review, arguing insufficient evidence for intentional malversation.
Issue:
- (Unlock)
Ruling:
- The Supreme Court denied Cabello's petition and affirmed the Sandiganbayan's judgment, upholding his con...(Unlock)
Ratio:
- Under Article 217 of the Revised Penal Code, a public officer is guilty of malversation if he misappropriates public funds or fails to account for them upon demand.
- The failure to produce public funds creates a prima facie presumption of personal use.
- Cabello's list of expenditures did not sufficiently rebut this presumption, especially since he did not make restitution or provide a satisfactory explanation for the missing funds.
- Malversation can occur through intentional acts or negligenc...continue reading
Case Digest (G.R. No. 93885)
Facts:
The case involves Felix H. Cabello as the petitioner and the Sandiganbayan and the People of the Philippines as respondents. The events leading to this case began with an audit conducted on Cabello, who served as the postmaster of San Juan, Southern Leyte, covering the period from August 29, 1984, to May 28, 1985. The audit revealed a significant shortage of public funds amounting to P160,905.63. Following the audit, Cabello was required to either return the missing funds or provide a written explanation within seventy-two hours. However, he failed to do both, leading to charges of malversation of public funds under Article 217 of the Revised Penal Code. The information filed against him stated that he had willfully misappropriated the funds for his personal use, causing damage to public interest. Cabello was arraigned on May 4, 1989, and pleaded not guilty. After a trial, the Sandiganbayan found him guilty and sentenced him to an indeterminate penalty of ten years and one day to eighteen years, eight months, and one day of reclusion temporal, along with perpetual special disqualification, a fine of P160,905.63, and an order to indemnify the government for the same amount. Cabello subsequently filed a petition for review, arguing that he could not be convicted of intentio...