Case Digest (G.R. No. L-19147-48)
Facts:
In People of the Philippines v. Aloysius Dait Lumauig, petitioner Aloysius Dait Lumauig, former Municipal Mayor of Alfonso Lista, Ifugao, received a ₱101,736.00 cash advance on August 29, 1994 (Land Bank Check No. 11894200) for freight and insurance of twelve donated motorcycles; however, he actually secured two buses and five patrol cars and never liquidated the advance. A 1998 audit by COA Auditor Florence L. Paguirigan revealed the unliquidated amount, and a certification was issued on November 29, 2001. Despite preparing letters of demand, Paguirigan never sent them due to lack of petitioner’s address. Petitioner admitted the advance but claimed no demand was made and only paid on June 4, 2001, upon learning of his delinquency. He was charged in Criminal Case No. 26527 under Section 3(e) of RA 3019 for misuse of funds and in Criminal Case No. 26528 under Article 218 of the Revised Penal Code for failure to render accounts. On September 10, 2004, the Sandiganbayan acquitted hCase Digest (G.R. No. L-19147-48)
Facts:
- Procedural Background
- In January 2001, the Sandiganbayan filed an Information charging Aloysius Dait Lumauig, then Municipal Mayor of Alfonso Lista, Ifugao, with failure to liquidate a cash advance of ₱101,736.00 under Article 218, Revised Penal Code (RPC) (Criminal Case No. 26528).
- A separate Information for violation of Section 3(e), RA 3019 (Anti-Graft and Corrupt Practices Act) was filed as Criminal Case No. 26527, both tried jointly.
- On September 10, 2004, the Sandiganbayan acquitted Lumauig in the RA 3019 case but convicted him under Article 218, sentencing him to six months and one day prision correccional and a ₱1,000 fine.
- The Sandiganbayan denied his motion for reconsideration on January 11, 2005. Petitioner elevated the case to the Supreme Court via a Rule 45 Petition for Review on Certiorari.
- Underlying Facts
- In August 1994, Lumauig received a P101,736.00 cash advance by Land Bank Check No. 11894200 for freight and insurance of 12 motorcycles donated by Manila City.
- A 1998 COA audit by Auditor Paguirigan revealed no liquidation or payment to Royal Cargo Agencies; a certification of unliquidated advances was issued on November 29, 2001.
- Paguirigan prepared demand letters that went unsent for lack of petitioner’s address.
- Lumauig admitted non-liquidation, claiming the vehicles were turned over; he only paid the cash advance on June 4, 2001, prompting an Affidavit of Desistance by the incumbent mayor.
Issues:
- Double Jeopardy and Separate Charges
- Does Lumauig’s acquittal under RA 3019 bar his conviction under Article 218, RPC, based on the same cash advance?
- Requirement of Prior Demand
- Does Article 218, RPC, require a prior demand or notice to render accounts before liability attaches?
- Liability under Article 218
- Did Lumauig’s six-year delay in liquidation constitute failure to render accounts under Article 218?
- Penalty Assessment
- Should the penalty imposed be modified in light of mitigating circumstances (voluntary payment and restitution)?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)