Case Summary (G.R. No. 150454)

Background of the Case

• Lt. Col. Pacifico G. Alejo was charged with Malversation of Public Property under Article 217 of the Revised Penal Code.
• The charge stemmed from an incident on June 8, 1992, where Alejo allegedly misappropriated 1,000 board feet of confiscated logs valued at P20,000.00.
• Alejo was the Commanding Officer of the Real Estate Preservation Economic Welfare Center (REPEWC) and had control over confiscated illegal logs.

Trial Proceedings

• Alejo pleaded not guilty during his arraignment on November 22, 1995.
• The Regional Trial Court (RTC) allowed a joint trial for the malversation case and two other charges: Direct Bribery and Violation of Republic Act No. 3019.
• The prosecution presented several witnesses, including subordinates of Alejo, who testified about the delivery of logs to Alejo's residence.

Prosecution's Evidence

• Witnesses included Colonel Gerardo Lantoria, Lieutenant Rodolfo Estremos, Sergeant Nelson Flores, and Amrodin Sultan.
• Testimonies established that Alejo ordered the confiscated logs to be taken to his home.
• The prosecution relied on a Memorandum of Agreement (MOA) between the DENR and the 7th Infantry Division, which outlined the military's role in confiscating illegal logs.

Defense's Argument

• Alejo denied the allegations, claiming intimidation of witnesses and asserting that they had recanted their statements.
• The defense presented evidence of commendation for Alejo's efforts against illegal logging.
• The defense argued that Alejo was not an accountable officer for the logs and that the prosecution failed to prove the logs' existence and value.

RTC Decision

• On July 26, 2002, the RTC acquitted Alejo of Direct Bribery and Violation of RA 3019 but convicted him of Malversation.
• The RTC sentenced Alejo to imprisonment of 8 years and 1 day to 17 years, along with a fine of P20,000.00.

Motion for Reconsideration

• Alejo filed a motion for reconsideration, arguing that he was not an accountable officer.
• The RTC reopened the case for additional evidence, but ultimately reaffirmed its conviction on October 2, 2003.

Sandiganbayan Ruling

• Alejo appealed to the Sandiganbayan, which affirmed the RTC's decision on January 31, 2006.
• The Sandiganbayan modified the penalty to 10 years and 1 day of prision mayor as minimum, to 16 years, 5 months, and 11 days of reclusion temporal as maximum.

Petitioner’s Arguments on Appeal

• Alejo contended that the prosecution did not prove his guilt beyond a reasonable doubt.
• He highlighted inconsistencies in witness testimonies and the lack of documentary evidence regarding the logs.
• Alejo maintained that he could not be considered an "accountable officer" under Article 217.

Court's Analysis of Evidence

• The Court emphasized that the credibility of witnesses is primarily assessed by the trial court.
• The prosecution's evidence, including witness testimonies, was deemed sufficient to establish the elements of malversation.
• The Court noted that the logs w...continue reading

Case Syllabus (G.R. No. 150454)

Case Overview

• This case revolves around a petition for review on certiorari under Rule 45 of the Rules of Court, filed by Lieutenant Colonel (Lt. Col.) Pacifico G. Alejo against the People of the Philippines.
• The petition challenges the Decision dated January 31, 2006, of the Sandiganbayan, which affirmed the conviction of Lt. Col. Alejo for malversation of public property by the Regional Trial Court (RTC) of Palayan City.

Background of the Case

• On December 29, 1994, Lt. Col. Alejo was charged with malversation of public property related to the misappropriation of 1,000 board feet of confiscated illegal logs, valued at P20,000.00.
• He was accused of willfully misappropriating the logs while serving as the Commanding Officer of the Real Estate Preservation Economic Welfare Center (REPEWC) and as the Task Force Commander of the Task Force Sagip Likas Yaman (TFSLY).
• Lt. Col. Alejo pleaded not guilty during his arraignment on November 22, 1995.

Joint Trial and Prosecution Evidence

• Lt. Col. Alejo was also charged with Direct Bribery and Violation of Section 3(e) of Republic Act No. 3019, which were later tried together with the malversation case.
• The prosecution presented several witnesses, including:
  • Colonel Gerardo Lantoria: Investigated the complaint against Alejo.
  • Lieutenant Rodolfo Estremos: Testified he delivered the logs to Alejo's residence.
  • Sergeant Nelson Flores: Drove the truck transporting the logs.
  • Amrodin Sultan: Commander of Atate Detachment, confirmed the logs were taken upon Alejo's orders.

Defense Presentation

• The defense included Lt. Col. Alejo himself and Romeo Buenaventura, a Commun...continue reading