Case Digest (G.R. No. 186659-710)
Facts:
Zacaria A. Candao, Abas A. Candao and Israel B. Haron v. People of the Philippines and Sandiganbayan, G.R. Nos. 186659-710, February 01, 2012, Supreme Court First Division, Villarama, Jr., J., writing for the Court.Petitioners were criminally charged before the Sandiganbayan for malversation of public funds under Article 217, paragraph 4 of the Revised Penal Code. The Sandiganbayan (First Division) rendered a Decision dated October 29, 2008 in Criminal Case Nos. 24569 to 24620 finding the petitioners guilty beyond reasonable doubt and imposed imprisonment and fines; its Resolution dated February 20, 2009 denied petitioners' motion for reconsideration.
Petitioners elevated the case to the Supreme Court by a petition for review on certiorari under Rule 45. In a Decision dated October 19, 2011 the Court affirmed with modifications the Sandiganbayan decision. The petitioners filed a motion for reconsideration of that October 19, 2011 Decision, prompting the Court to resolve the motion in this February 1, 2012 Resolution. The First Division included Chief Justice Corona (Chairperson) and Justices Bersamin, Del Castillo and Sereno; Justice Villarama, Jr. authored the Resolution, and Justice Teresita J. Leonardo‑De Castro recused herself by raffle designation.
The litigation involved not only criminal liability but also monetary restitution: the Court noted and ordered payment, jointly and severally, of P21,045,570.64 as the malversed funds as finally determined by the Commission on Audit (COA). The Resolution also add...(Pro-only)
Issues:
- Should the petitioners' motion for reconsideration of the Supreme Court's October 19, 2011 Decision be granted?
- Was the maximum of the indeterminate sentence correctly computed in the Court's October 19, 2011 Decision, and if not, what is the proper range for the maximum and resulting minimum under the ...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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