Case Summary (G.R. No. L-4265)
Applicable Law
Under the 1987 Constitution and Article 217 of the Revised Penal Code, a public officer accountable for public funds commits malversation when she misappropriates or, through negligence, permits another to misappropriate funds entrusted to her office.
Audit and Verification
A COA audit in December 1996 uncovered deposit slips dated September 19 and November 29 totaling ₱92,648.20 that lacked bank acknowledgment. Inquiry with Land Bank confirmed the ₱11,300 purportedly deposited on September 19 was never credited to the DOTC account.
Criminal Information
Hernan was charged before the RTC of Baguio City with malversation of public funds, accused of willfully misappropriating or negligently permitting another to take ₱11,300 entrusted to her for deposit.
RTC Ruling
After trial, the RTC found her guilty beyond reasonable doubt and, under the Indeterminate Sentence Law, imposed 7 years, 4 months, and 1 day (minimum) to 11 years, 6 months, and 21 days (maximum) of imprisonment, perpetual special disqualification, and restitution of ₱11,300 with 12% interest.
Appeal and Exclusive Jurisdiction
The Court of Appeals dismissed Hernan’s appeal for lack of jurisdiction. The Sandiganbayan affirmed her conviction but modified the penalty to 6 years and 1 day (minimum) up to 11 years, 6 months, and 21 days (maximum) of prision mayor, imposed accessory penalties, and reduced interest to 6%.
Motions for Reconsideration and Reopening
Hernan filed successive motions raising counsel’s failure to present evidence and improper service of resolutions. The Sandiganbayan denied them for lack of merit, characterizing them as prohibited second and third motions for reconsideration after finality.
Petition for Certiorari
Instead of a Rule 45 petition for review on certiorari, Hernan filed a Rule 65 petition before the Supreme Court, challenging the Sandiganbayan’s denials as grave abuses of discretion and seeking reopening to introduce new evidence.
Supreme Court Findings
The Court held that the Sandiganbayan’s resolutions were final orders reviewable under Rule 45 and that service at counsel’s last record address was proper. Hernan’s failure to monitor her case and inform the court of her counsel’s new address precluded relief.
Elements of Malversation
Affirming the lower courts, the Supreme Court reiterated that Hernan,
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Procedural Chronology
- Petitioner filed a special civil action for certiorari under Rule 65 seeking to reverse the Sandiganbayan’s Resolution (Feb. 2, 2015) and Decision (Nov. 13, 2009).
- RTC Branch 7, Baguio City convicted her on June 28, 2002 for malversation of public funds (Criminal Case No. 15722-R).
- CA initially affirmed but later set aside its decision for lack of jurisdiction; Sandiganbayan assumed exclusive appellate jurisdiction.
- Sandiganbayan affirmed RTC on Nov. 13, 2009, modifying the penalty; denied two motions for reconsideration (Aug. 31, 2010 and Dec. 4, 2013).
- Entry of Judgment (June 26, 2013) became final and executory; petitioner filed subsequent motions culminating in the Rule 65 petition (May 14, 2015).
Factual Background
- Petitioner joined DOTC-CAR Baguio in 1982 as accounting clerk; promoted in 1984 to Supervising Fiscal Clerk and designated cashier/disbursement officer.
- Collected payments for telegraphic transfers, toll fees, and special message fees; deposited proceeds at Land Bank of the Philippines, Baguio branch.
- COA audit (Dec. 17, 1996) by Lopez revealed missing bank validation on deposit slips for P11,300.00 (Sept. 19, 1996) and P81,348.20 (Nov. 29, 1996).
- LBP confirmation showed no record of those deposits; only an Ifugao office deposit of P11,300.00 on Sept. 19, 1996.
- COA demanded payment of P11,300.00; petitioner refused; Office of the Ombudsman recommended indictment for loss of P11,300.00.
Charge and Arraignment
- Information charged malversation of public funds under Article 217 RPC for misappropriation of P11,300.00 entrusted to her as Disbursing Officer.
- Petitioner pleaded not guilty on July 31, 1998; trial ensued.
Trial Evidence and Defense
- Prosecution presented COA auditors (Lopez, Narag) and LBP employees (Sanchez, Ngaosi, Oralio).
- Petitioner’s sole witness: herself, claiming she and her supervisor deposited P11,300.00 at LBP teller Catalina Ngaosi, retrieved unvalidated slips later, kept them in her vault.
- She alleged intent to file an estafa complaint against the teller, which was eventually dismissed.
RTC Decision and Sentence
- RTC found petitioner guilty beyond reasonable doubt; applied Indeterminate Sentence Law.
- Imposed prision mayor (med.–max. 7 years, 4 months 1 day to 11 years, 6 months 21 days) and fine of P11,300.00; perpetual special disqualification; restitution with 12% interest.
Appeals and Sandiganbayan Proceedings
- Petitioner erroneously appealed to CA; CA relinq