G.R. No. 217874 - Her vs. Sandiganbayan

In October 1982, Ophelia Hernan joined the Department of Transportation and Communications (DOTC), Cordillera Administrative Region, Baguio City as an accounting clerk; in September 1984, she was promoted to Supervising Fiscal Clerk, acting as cashier, disbursement, and collection officer.
Her duties included receiving payments for telegraphic transfers, toll fees, and special message fees, and depositing all collections into the DOTC account at the Land Bank of the Philippines (LBP), Baguio City Branch.

On December 17, 1996, COA auditor Maria Imelda Lopez examined Hernan’s cash accounts and discovered deposit slips dated September 19, 1996 (P11,300.00) and November 29, 1996 (P81,348.20) lacking bank stamps or machine validation.
Verification with the LBP revealed no record of a P11,300.00 deposit by Hernan on September 19, 1996; the only P11,300.00 credited that day was by the DOTC Ifugao office at Lagawe branch. COA demanded payment of the missing P11,300.00, which Hernan refused.

The Office of the Ombudsman indicted Hernan for malversation of P11,300.00. She was charged in RTC, Branch 7, Baguio City, pleaded not guilty on July 31, 1998, and trial commenced.
Evidence for the prosecution included testimonies of two COA auditors and three LBP employees. Hernan testified that she had deposited P11,300.00 with teller Catalina Ngaosi and later retrieved unvalidated deposit slips.
On June 28, 2002, the RTC convicted Hernan of malversation under Article 217, RPC, sentencing her to prision mayor (7 years, 4 months, 1 day to 11 years, 6 months, 21 days), fine of P11,300.00, perpetual special disqualification, and repayment with 12% interest.

The Court of Appeals affirmed but dismissed for lack of jurisdiction; the Sandiganbayan Fourth Division then affirmed with modification on November 13, 2009—indeterminate penalty of 6 years, 1 day to 11 years, 6 months, 21 days prision mayor and 6% interest.
Hernan filed a Motion for Reconsideration (Dec 21, 2009), which was denied (Aug 31, 2010); the denial became final and was recorded on June 26, 2013.
She filed an Urgent Motion to Reopen the Case (July 26, 2013), denied Dec 4, 2013, and a Petition for Reconsideration/Recall of Entry of Judgment (Jan 9, 2014), denied Feb 2, 2015.

On May 14, 2015, Hernan sought certiorari under Rule 65 to reverse the Sandiganbayan’s Dec 4, 2013 and Feb 2, 2015 resolutions, alleging grave abuse in denying her motions and claiming lack of notice and newly discovered evidence (deposit slips, affidavit).
The Supreme Court found the remedy improper, ruled no abuse of discretion occurred, upheld the malversation conviction, but—due to Republic Act No. 10951 reducing penalties—reopened the case solely to modify Hernan’s penalty to an indeterminate term of 6 months arresto mayor (min.) to 3 years, 6 months, 20 days prision correccional (max.), with accessory penalties.

Whether the Sandiganbayan gravely abused its discretion amounting to lack or excess of jurisdiction in deeming Hernan’s motion to reopen filed out of time despite alleged exceptional circumstances.
Whether the Sandiganbayan gravely abused its discretion in ruling that the evidence Hernan intended to present had already been passed upon by the trial court.
Whether the Sandiganbayan gravely abused its discretion in treating Hernan’s motion to reopen and petition for reconsideration as prohibited second and third motions for reconsideration.