Case Digest (A.M. No. 74-MJ)
Facts:
In 1969, Licerio P. Sendaydiego, the Provincial Treasurer of Pangasinan, in alleged conspiracy with Juan Samson, collector of Carried Construction Supply Co., and Anastacio Quirimit, Provincial Auditor, prepared six provincial vouchers claiming payment of lumber and hardware for bridge repairs totaling ₱57,048.23. Each voucher bore forged signatures of provincial engineers, auditor’s rubber stamps, fake invoices, official receipts, tax certificates, and sample certificates. Samson hand-carried the vouchers through the offices of the provincial engineer, treasurer, and auditor, and received cash payments in the treasurer’s inner office. No materials were delivered, and the supply company denied any transactions or receipt of funds. The Court of First Instance acquitted auditor Quirimit but found Sendaydiego and Samson guilty of malversation through falsification of public documents, imposing indeterminate sentences, fines, and indemnity orders. Sendaydiego died during appeal, extCase Digest (A.M. No. 74-MJ)
Facts:
- Background and parties
- Licerio P. Sendaydiego – Provincial Treasurer of Pangasinan in 1969
- Juan Samson – Collector for Carried Construction Supply Co., Dagupan City
- Anastacio Quirimit – Provincial Auditor (acquitted)
- Charged offenses and modus operandi
- Six provincial vouchers forged to embezzle ₱57,048.23 from the road and bridge fund
- Samson hand-carried vouchers through Provincial Engineer’s, Treasurer’s and Auditor’s offices; returned them for payment
- Structure of the vouchers and falsifications
- Voucher parts: engineer’s certification; treasurer’s pre-audit; auditor’s approval; treasurer’s receipt endorsement; creditor’s receipt
- Forged elements:
- Fictitious bridge-repair projects
- Fake invoices, receipts, rubber-stamp imprints
- Forged signatures of engineers, auditor, checker and supplier’s representative
- Trial and procedural history
- Lower Court’s verdict (July 1971):
- Acquitted Auditor Quirimit
- Convicted Sendaydiego and Samson as principals in malversation through falsification
- Imposed indeterminate sentences, fines and ordered indemnity
- Appeals:
- Sendaydiego died October 5, 1976 (criminal liability extinguished; civil liability survives)
- Samson appealed convictions, sentences and procedural rulings
Issues:
- Whether Sendaydiego and Samson are guilty of malversation through falsification of public documents.
- Whether Sendaydiego’s death extinguished his civil liability to indemnify Pangasinan.
- Whether the use of private prosecutors and the trial judge’s role in preliminary investigation violated due process.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)