Case Summary (G.R. No. 173360)

Case Background

• Parties Involved: Lt. Col. Pacifico G. Alejo (Petitioner) vs. People of the Philippines (Respondent).
• Legal Context: This decision pertains to a petition for review under Rule 45 of the Rules of Court, challenging the findings of guilt for malversation of public property.

Legal Principles and Provisions

• Malversation of Public Property: Defined under Article 217 of the Revised Penal Code, which penalizes public officers who misappropriate public funds or property.
• Key Definitions:
  • Public Officer: A person holding a position in the government with accountability for public funds or property.
  • Malversation: The act of misappropriating or embezzling public property.

Case Facts

• Accusation: On June 8, 1992, Lt. Col. Alejo allegedly misappropriated 1,000 board feet of confiscated logs valued at P20,000.00.
• Trial Proceedings:
  • Petitioner pleaded not guilty and was involved in a joint trial for malversation, direct bribery, and violation of RA No. 3019.
  • Prosecution witnesses testified that petitioner ordered the confiscated logs to be taken to his residence.

Evidence Presented

• Prosecution Witnesses:
  • Colonel Gerardo Lantoria: Investigated the complaint against Alejo.
  • Lieutenant Rodolfo Estremos: Confirmed instructions from Alejo to transport logs.
  • Sergeant Nelson Flores: Driver who delivered logs to Alejo's house.
  • Amrodin Sultan: Commander who consented to the logs’ transfer.
• Defense: Petitioner denied allegations, suggesting witness intimidation and claiming that the logs were not under his accountability.

Trial Court Decisions

• RTC Decision (July 26, 2002):
  • Acquitted Alejo of bribery and RA No. 3019 violation but convicted him of malversation.
  • Imposed a sentence of imprisonment (8 years 1 day to 17 years) and restitution of P20,000.00.

Appeal and Affirmation

• Sandiganbayan Decision (January 31, 2006):
  • Affirmed RTC’s conviction, modifying the penalty to 10 years 1 day to 16 years 5 months.
  • Included perpetual special disqualification and a fine of P20,000.00.

Legal Analysis

• Elements of Malversation:
  • The offender must be a public officer.
  • Must have custody or control of the property by virtue of office.
  • Property must be public and accountable to the officer.
  • Must have appropriated or permitted misappropriation.
• Conclusion of Findings:
  • Petitioner was found to have control over the logs as Task Force Commander.
  • The logs were defined as public property under Article 222 of the Revised Penal Code.

Key Legal Provisions Referenced

• Article 217: Defines malversation and associated penalties.
• Article 222: Allows for the malversation of seized private property by public authorities.

Penalties and Consequences

• Conviction Penalty:
  • Imprisonment: Minimum of 10 years 1 day; Maximum of 16 years 5 months.
  • Perpetual special disqualification from holding public office.
  • Fine equal to the value of the misappropriated property (P20,000.00).

Key Takeaways

• Lt. Col. Alejo was convicted of malversation of public property due to the misappropriation of confiscated logs.
• The case emphasizes accountability of public officers for public property in their custody.
• The decision highlights the evidentiary burden on the prosecution to establish guilt beyond reasonable doubt, as well as the weight g

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Case Syllabus (G.R. No. 173360)

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 Community Environment and Natural Resources Officer who

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