Case Digest (G.R. No. 146234)
Facts:
Petitioners Tolentino Mendoza and Salome Madamba were charged before the Sandiganbayan in Criminal Case No. 16756 for violation of Section 3(e) of Republic Act No. 3019 arising from the encashment of four commercial checks through the Bureau of Treasury in Manila during February 1989, where the checks were dishonored for insufficient funds and account closed. The Sandiganbayan found Mendoza and Madamba guilty beyond reasonable doubt, sentenced each to eight years’ imprisonment, imposed perpetual disqualification from public office, and ordered them to solidarily pay the government P295,597.79 with legal interest, while Anita Lising and Marcelina Agustin were acquitted for reasonable doubt.On petition for review to the Supreme Court, the Court noted that Mendoza sought a reexamination of the evidence, while Madamba’s petition was previously denied as late and entered partial judgment against her.
Issues:
- Whether the evidence on record was sufficient to sustain a finding of gui
Case Digest (G.R. No. 146234)
Facts:
- Background of the dispute
- National Treasurer Rosalina S. Cajucom filed a complaint, docketed as OMB-0-89-01454, before the Ombudsman charging Tolentino Mendoza, Salome Madamba, and Marcelina Agustin (Agustin) with Technical Malversation and violation of Republic Act No. 3019 (RA 3019).
- The Ombudsman found probable cause for violation of Section 3(e) of RA 3019.
- In a Resolution dated 5 February 1990, the Ombudsman ordered the filing of an Information in the Sandiganbayan against Mendoza, Madamba, Agustin, Jose Cruz (Cruz), Anita Lising (Lising), and Horacio Alvarez (Alvarez).
- Filing and allegations in the Information
- The Information was dated 25 April 1991.
- The Information alleged that during the period from 07 February 1989 to 17 February 1989 and/or thereafter in Manila, the accused Tolentino Mendoza, Jose Cruz, and Anita Lising were public officers—respectively, National Cashier, COA Vault Auditor, and Cashier IV at the Bureau of Treasury, Palacio del Gobernador, Intramuros, Manila.
- The Information alleged that Mendoza, Cruz, and Lising took advantage of their public positions and conspired with private accused Salome Madamba, Agustin, and Alvarez.
- The Information alleged that the accused fraudulently caused the encashment of four commercial checks at the Cash Division, Bureau of Treasury, namely:
- RCBC Check No. 031840 dated 07 February 1989 issued by Alvarez in favor of Executive Care Services with Madamba as General Manager, in the amount of P150,000.00.
- RCBC Check No. 031845 dated 09 February 1989 issued by Alvarez in favor of Executive Care Services with Madamba as General Manager, in the amount of P140,000.00.
- PNB Check Nos. A280215 and A280216 both dated 17 February 1989 issued by Madamba in favor of Triple Crown Services, Inc. owned and operated by Alvarez, in the amount of P75,000.00 each.
- The Information alleged that Mendoza, knowing he had no authority, deliberately affixed his initials on the checks to ensure smooth encashment by subordinate co-accused Lising, and that Cruz, having the duty to determine legality of encashment at post-audit, affixed his initials to ensure non-discovery of the fraud after encashment.
- The Information further alleged that encashment occurred without obtaining the signature of Asst. National Treasurer Milagros Baltazar, which signature was required so that commercial checks could be encashed.
- The Information alleged that the fraudulent acts caused unwarranted advantage and benefits to the co-accused private persons through manifest partiality and evident bad faith because the checks were dishonored for lack of sufficient funds, damaging the government in the total amount of P440,000.00.
- Proceedings before the Sandiganbayan
- The Sandiganbayan issued warrants of arrest against Mendoza, Madamba, Cruz, Lising, Agustin, and Alvarez.
- All accused except Cruz surrendered and posted bail.
- Mendoza, Agustin, and Lising filed separate motions for reinvestigation, which the Sandiganbayan denied.
- The Sandiganbayan granted Alvarez’s motion for reinvestigation, and after reinvestigation dropped his name from the Information.
- Mendoza, Madamba, Agustin, and Lising entered pleas of Not Guilty on 13 September 1991.
- Mendoza and Lising filed separate motions to quash the Information; the Sandiganbayan denied the motions in a Resolution dated 4 February 1992.
- Trial commenced and the case was submitted for decision on 28 August 1999.
- Evidence and findings established by the Sandiganbayan
- In February 1989:
- Mendoza was the National Cashier.
- Lising was a paying teller occupying the position of Cashier IV at the Bureau of Treasury, Manila.
- Cruz was COA Vault Auditor assigned at the Bureau of Treasury.
- Madamba was the General Manager of Executive Care Services, Inc., a private corporation rendering janitorial services to the Bureau of Treasury.
- Agustin was a canteen operator at the same bureau.
- First check transaction (February 7, 1989; P150,000.00):
- On February 7, 1989, Alvarez of Triple Crown Services, Inc. issued RCBC Check No. 031840 (Exhibit D) payable to Executive Care Services for P150,000.00.
- On the same date, Madamba and Agustin signed at the dorsal portion of the check as indorsers, with Agustin as the last indorser.
- Madamba and Agustin brought the check to Mendoza’s office; after obtaining Mendoza’s approval, Agustin presented it to Lising for encashment.
- Lising paid P150,000.00 to Agustin, who received it.
- The check passed clearing but was returned unpaid on February 9, 1989 for being drawn against insufficient funds.
- On Mendoza’s instructions, the Clearing Officer of the National Treasury, Maria Lourdes Remo, redeposited the check on February 10, 1989 but it was again returned unpaid on February 13, 1989 for Account Closed.
- Second check transaction (February 9, 1989; P140,000.00):
- On February 9, 1989, Alvarez issued RCBC Check No. 031845 (Exhibit E) payable to Executive Care Services for P140,000.00.
- The check was signed at the dorsal portion by Madamba and Agustin, with Agustin as the last indorser.
- Mendoza approved it for encashment; Lising paid it on the same date.
- It was dishonored on February 13, 1989 for insufficient funds.
- It was redeposited on February 16, 1989 and again dishonored on February 17, 1989 for Account Closed.
- Third and fourth check transaction (February 17, 1989; two checks of P75,000.00 each):
- On February 17, 1989, Executive Care Services issued a check for P150,000.00 in favor of Triple Crown Services.
- Madamba instructed her liaison officer, Raulito Sanchez, to deliver this check as partial payment of an emergency loan extended by Triple Crown Services to Executive Care Services.
- When Agustin saw the check, she asked that it be given to her due to her urgent need for money for a nephew’s wedding.
- After clearing with Madamba, Sanchez gave the check to Agustin, who indorsed it, obtained Mendoza’s approval for encashment, presented it to Lising, and received P150,000.00.
- Later that morning, Mendoza borrowed the encashed check from Lising but never returned it; the check became the missing check.
- The Sandiganbayan distinguished the missing check from Exhibit D:
- The missing check was issued February 17, 1989 by Executive Care Services payable to Triple Crown Services.
- Exhibit D was dated February 7, 1989 and issued by Triple Crown Services payable to Executive Care Services.
- The Sandiganbayan computed that the amounts paid out covered by Exhibits D and the missing check (P300,000.00) and Exhibit E (P140,000.00) totaled P440,000.00, the total paid out by the National Treasury.
- After the missing check was encashed, the Vault Auditor, Cruz, told Sanchez to replace it with two checks of P75,000.00 each, because the amount was too big.
- Sanchez, after a series of phone calls to Madamba and on Madamba’s instructions, went to the accounting office of Executive Care Services, got two company checks, waited for Madamba’s signature, but Madamba failed to appear.
- Madamba told Sanchez by telephone to sign the checks using Madamba’s name; Sanchez complied.
- Cruz received and delivered the two checks in the afternoon to Lising:
- PNB Checks Nos. A280215 and A280216 (Exhibits B and C), each for P75,000.00.
- The Sandiganbayan found that these two PNB checks were initialed by Cruz and Mendoza, without the endorsement of Agustin.
- When Lising confronted Cruz and Mendoza about the lack of Agustin’s endorsement, Cruz and Mendoza assured her that they would obtain Agustin’s endorsement the next day.
- When the two PNB checks were presented for payment: ...(Subscriber-Only)