Case Digest (G.R. No. L-14835)
Facts:
In Major Joel G. Cantos v. People of the Philippines, G.R. No. 184908, decided March 17, 2014, petitioner Major Cantos was then Commanding Officer of the 22nd Finance Service Unit, Presidential Security Group, Malacañang Park, Manila. On December 21, 2000, the Special Duty Allowance and Maintenance Operating Expenses amounting to ₱3,270,000.00 entrusted to him went missing from a steel cabinet in his office. He informed his Disbursing Officer, Major Balao, who reported the loss and assisted in an attempted cover-up by unscrewing the safety vault. Subsequent investigations by military and civilian authorities included fingerprinting and a polygraph test. The Regional Trial Court of Manila, Branch 47, convicted Major Cantos on April 27, 2007 of Malversation of Public Funds under Article 217, paragraph 4 of the Revised Penal Code, sentencing him to an indeterminate term of 10 years and 1 day to 18 years, 8 months and 1 day of imprisonment, perpetual special disqualification from puCase Digest (G.R. No. L-14835)
Facts:
- Parties and Procedural Posture
- Petitioner Major Joel G. Cantos, then Commanding Officer of the 22nd Finance Service Center, PSG, was charged with malversation of public funds under Article 217 of the Revised Penal Code for the alleged misappropriation of PHP 3,270,000 entrusted to him.
- After arraignment on an amended information (correcting the date of offense from December 21, 2002 to December 21, 2000), he pleaded not guilty and underwent trial before the Regional Trial Court (RTC) of Manila, Branch 47.
- Prosecution Evidence
- Major Eligio T. Balao, Jr., Disbursing Officer, testified that on December 21, 2000, he discovered the special duty allowance and other maintenance funds missing from Cantos’s steel cabinet and that Cantos himself sought to unscrew the office vault. He denied taking the money and maintained that Cantos did not use the safety vault.
- Other witnesses (including NBI fingerprint personnel and PNP polygraph examiner) showed no signs of forced entry and a polygraph indicating truthfulness for Cantos; stipulations were made regarding testimonies of additional PSG personnel and an investigation report by Lt. Col. Perreras.
- Defense Evidence
- Major Cantos testified that he alone held the cabinet keys and stored funds in the steel cabinet due to a defective vault. He recounted discovering the funds missing on December 21 and claimed reliance on Capt. Balao’s suggestion to fabricate vault tampering.
- He advanced a theory of possible robbery or theft by others but presented no corroborating proof and denied personal conversion of the funds.
- Decisions Below
- RTC (Apr. 27, 2007): Convicted Cantos of malversation under Art. 217(4) RPC, sentencing him to minimum ten years and one day to maximum eighteen years, eight months and one day; ordered full reimbursement, fine equal to the amount, perpetual special disqualification, and costs.
- Sandiganbayan (July 31, 2008): Affirmed with modification the mode of malversation as misappropriation (instead of negligence) and upheld the penalty and ancillary orders; denied reconsideration.
Issues:
- Whether the Sandiganbayan erred in convicting petitioner for malversation despite absence of evidence showing conversion of funds to his personal use.
- Whether the presumption under Article 217, paragraph 4, of the RPC suffices for conviction in light of petitioner’s explanations and attendant circumstances.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)