Case Digest (G.R. No. 96025)
Facts:
In G.R. No. 96025, decided on May 15, 1991, Oscar P. Parungao, former Municipal Treasurer of Porac, Pampanga, was charged before the Sandiganbayan with malversation of public funds under Article 217 of the Revised Penal Code for allegedly misappropriating ₱185,250.00 from the 1980 CRBI (Construction, Rehabilitation, Betterment and Improvement) fund intended for the concreting of Barangay Jalung Road. He pleaded not guilty but admitted at pre-trial that he received the full amount. The prosecution presented six witnesses to show that the road remained unfinished despite full disbursement. Parungao’s defense account revealed that ₱126,095.59 was spent on materials under Vouchers Nos. 41-80-12-440 (₱86,582.50) and 41-80-12-441 (₱39,513.09), and that ₱59,154.41 was used—at Mayor Lumanlan’s insistence—to pay labor payrolls of various barangays. The Sandiganbayan acquitted him of malversation but, finding he applied part of the fund to a purpose other than road concreting, convicted hCase Digest (G.R. No. 96025)
Facts:
- Parties and Background
- Oscar P. Parungao, Municipal Treasurer of Porac, Pampanga (appointed and qualified).
- Respondents: Sandiganbayan (special anti-graft court) and the People of the Philippines.
- Charge and Trial Proceedings
- Information (Art. 217, Revised Penal Code) charged petitioner with malversation of public funds for allegedly converting ₱185,250.00 in CRBI (Construction, Rehabilitation, Betterment and Improvement) funds to personal use, to the damage of the government.
- Petitioner pleaded not guilty and admitted receipt on September 29, 1980 of the ₱185,250.00 from the Ministry of Public Works and Highways, intended for concreting Barangay Jalung Road.
- Prosecution presented six witnesses (including Engr. Lacsamana, NBI Agent Azares, Homer Mercado) to show the funds were fully disbursed yet the road remained uncompleted.
- Petitioner’s Defense Accounting:
- ₱126,095.59 paid for construction materials under Voucher Nos. 41-80-12-440 (₱86,582.50) and 41-80-12-441 (₱39,513.09).
- ₱59,154.41 disbursed for labor payrolls of various barangays at the insistence of then-Mayor Ceferino Lumanlan.
- Audits and Supporting Documents:
- Certificate of Settlement (Exh. 5) signed by Auditor Rolando A. Quibote and approved by Provincial Auditor Jose C. de Guzman, certifying correctness of accounts for February 6 to December 31, 1980.
- Acknowledgments by auditing examiner Jose Valencia and Emerenciana Tiongco that disbursements were entered in the Treasurer’s Journal and Cashbook.
- Sandiganbayan Decision and Post-Trial
- Acquitted petitioner of malversation (Art. 217 RPC) due to full accounting and presumption of regularity in the audit.
- Convicted petitioner of illegal use of public funds (Art. 220 RPC, “technical malversation”) for diverting ₱59,154.41 to purposes other than road concreting, thereby causing non-completion of the project.
- Petitioner’s motion for reconsideration was denied, prompting a petition for review to the Supreme Court.
Issues:
- Whether the Sandiganbayan gravely abused its discretion by convicting petitioner of illegal use of public funds (Art. 220 RPC), a crime neither charged nor necessarily included in the offense of malversation (Art. 217 RPC).
- Whether documents and audit certificates establishing full accountability should have been considered to exonerate petitioner of all charges.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)