Case Digest (G.R. No. 164575)
Facts:
Robert P. Wa-acon v. People of the Philippines, G.R. No. 164575, December 06, 2006, Supreme Court Third Division, Velasco, Jr., J., writing for the Court. The petitioner is Robert P. Wa-acon (accused/ Special Collecting Officer, National Food Authority); the respondent is the People of the Philippines.Between July 19, 1979 and September 28, 1981, Wa-acon served as a Special Collecting Officer of the National Food Authority (NFA) assigned to retail outlets; his duties included receiving rice and mongo deliveries, selling them at retail, and remitting the proceeds. On September 28, 1981, a Commission on Audit (COA) team examined his accountabilities and, after reviewing warehouse stock issues, official receipts and a Certificate of Inventory of Stocks and Empty Sacks (signed by Wa-acon), prepared a Report of Examination. The audit initially showed a cash shortage of P114,303.00 which, after deductions (value of rice and returned empty sacks) and a P10,000 refund by Wa-acon, was fixed at P92,199.20.
Wa-acon was charged with malversation under Article 217 of the Revised Penal Code for allegedly misappropriating rice stocks and empty sacks equivalent to the shortage. At the Sandiganbayan trial, Wa-acon denied conversion and contended that the shortages resulted from underweight deliveries (he said sacks weighed 5–10 kilos less than on the receipts), that he sold rice at older lower prices because price changes were not communicated, and that empty sacks were in the custody of delivery men (who had a logbook). He claimed he signed audit documents under threat of not being paid and because he was hungry; he testified but produced no delivery men, co-workers, acknowledgments, or documentary proof corroborating his defenses.
The Sandiganbayan found Wa-acon guilty. Relying on the presumption under the last paragraph of Article 217 that failure to produce public funds upon demand is prima facie evidence of personal use, the court held that Wa-acon failed to rebut that presumption and convicted him in an April 22, 2004...(Subscriber-Only)
Issues:
- Was petitioner Robert P. Wa-acon proven guilty beyond reasonable doubt of malversation under Article 217 of the Revised Penal Code, given the COA audit showing a shortage and his uncorroborat...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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