Case Digest (G.R. No. 239823)
Facts:
In Angelica Anzia Fajardo v. People of the Philippines (G.R. No. 239823, September 25, 2019), petitioner Angelica Anzia Fajardo, then Cashier V and Officer-in-Charge, Division Chief III of the Prize Payment (Teller) Division in the Treasury Department of the Philippine Charity Sweepstakes Office (PCSO), was charged with Malversation of Public Funds under Article 217 of the Revised Penal Code. On November 13, 2008, PCSO’s Internal Audit Department conducted a spot cash examination of Fajardo’s accountability for a ₱3,000,000.00 cash advance intended for sweepstakes and lotto low-tier prize payments and a Scratch IT seed fund. The first audit revealed a shortage of ₱218,461.00 and the discovery of ₱1,621,476.00 in cash and ₱37,513.00 in checks initially presented. Fajardo was furnished the count sheet but did not report to work until January 8, 2009, when a second audit disclosed a total deficit of ₱1,877,450.00. Despite demand and her own letters of January 15 and 27, 2009, admitCase Digest (G.R. No. 239823)
Facts:
- Parties and Charge
- Petitioner Angelica Anzia Fajardo was Cashier V and Officer-in-Charge, Division Chief III, Prize Payment (Teller) Division of the PCSO Treasury Department.
- She was indicted for Malversation of Public Funds under Article 217, RPC, for misappropriating a ₱3,000,000 cash advance, of which ₱1,877,450 were found missing upon audit.
- Audits and Investigations
- On November 13, 2008, the PCSO Internal Audit Department (IAD) conducted a spot cash count, disclosing a ₱218,461 shortage; Fajardo was furnished the count sheet. Her vault was sealed on November 17, 2008.
- Fajardo resumed duty on January 8, 2009; a joint audit with COA and PCSO revealed a total ₱1,877,450 deficit. She was served a demand letter on January 13, 2009 to explain or return missing funds within 72 hours.
- Petitioner’s Response and Administrative Proceedings
- On January 15, 2009, Fajardo requested more time to respond; on January 27, 2009, she admitted liability, offered ₱300,000 partial settlement and waived benefits.
- The PCSO Legal Department found a prima facie administrative case and referred the matter for criminal filing.
- Trial and Appellate Decisions
- The RTC (February 17, 2017) convicted her of Malversation, sentencing her to 13 years and 4 months to 19 years and 4 months reclusion temporal, plus a ₱1,877,450 fine.
- The Sandiganbayan (March 5, 2018) affirmed with modification under RA 10951, imposing prision mayor of 6 years and 1 day to 10 years and 1 day and the same fine; motion for reconsideration denied April 18, 2018.
Issues:
- Whether the Sandiganbayan correctly found petitioner guilty of Malversation of Public Funds.
- Whether Fajardo’s January 15 and 27, 2009 letters violated her rights to counsel or against self-incrimination.
- Whether alleged irregularities in the spot audits or the theory of pilferage by a co-employee undermine her conviction.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)