Case Digest (G.R. No. 107383) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In Felix Nizurtado v. Sandiganbayan and the People of the Philippines (G.R. No. 107838, December 7, 1994), petitioner Felix Nizurtado, then Barangay Captain of Barangay Panghulo, Malabon, Metro Manila, was charged with the complex crime of malversation of public funds through falsification of a public document. The information alleged that on or about August 25, 1983, Nizurtado forged Resolution No. 17, Series of 1983, making it appear that the Barangay Council had identified a T-shirt manufacturing livelihood project when no such meeting took place. He submitted the falsified resolution to the KKK Secretariat, which endorsed it to the Land Bank of the Philippines, enabling him to encash Check No. 184792 for ₱10,000.00 intended for the barangay’s livelihood program. Instead of using the funds for the project, Nizurtado converted them to personal use by lending ₱1,000.00 each to six councilmen and ₱500.00 to two barangay secretaries. Upon complaint by Councilmen Romero and Gomez Case Digest (G.R. No. 107383) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Information and Arraignment
- An information was filed on August 25, 1983, in the Sandiganbayan accusing petitioner Felix Nizurtado, then Barangay Captain of Panghulo, Malabon, of the complex crime of malversation of public funds through falsification of public document for misusing a ₱10,000 loan check.
- Nizurtado pleaded “not guilty” when arraigned and the case proceeded to pretrial.
- Stipulations at Pretrial
- Nizurtado was Barangay Captain of Panghulo in 1983–1984 and received a ₱10,000 check from the Ministry of Human Settlements–Metro Manila Commission–KKK Livelihood Program.
- Encashment of the check required a Barangay Council resolution identifying a livelihood project approved by the KKK Secretariat.
- Nizurtado encashed the check and distributed the proceeds as unsecured loans of ₱1,000 each to council members.
- Sandiganbayan’s Factual Findings
- After attending a livelihood seminar, Nizurtado received the ₱10,000 check but no council agreement on a project was reached in the regular session.
- He had a blank resolution form signed by council members under false pretense, later filled in to show approval of “T-shirt Manufacturing” on August 25, 1983.
- Supporting documents (Project Identification, Application, Location Map, Promissory Note) were prepared to obtain loan release.
- On October 18, 1983, Nizurtado encashed the check and relent the cash to himself and council members.
- Partial repayments totaling ₱8,000 were made by April–September 1984; the remaining ₱2,000 was paid in June 1987.
- In August 1984, two council members discovered the forgery and filed a complaint with the Office of the Tanodbayan.
- Trial Outcome and Appeal
- The Sandiganbayan convicted Nizurtado of malversation through falsification on September 18, 1992, sentencing him to 4 years, 9 months, 11 days of prision correccional to 8 years, 8 months, 1 day of prision mayor, perpetual disqualification, and a ₱10,000 fine.
- Motions for reconsideration were denied, prompting Nizurtado’s petition for certiorari before the Supreme Court.
Issues:
- Whether the Sandiganbayan gravely abused its discretion in finding Resolution No. 17 (August 25, 1983) to be falsified and in holding Nizurtado as its forger.
- Whether the court erred in convicting Nizurtado of malversation of public funds in the amount of ₱10,000.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)