Title
Manlangit vs. Sandiganbayan
Case
G.R. No. 158014
Decision Date
Aug 28, 2007
Public officer Manlangit convicted for failing to account for P176,300 public funds within the mandated period, violating Article 218 of the Revised Penal Code. Demand not required; liquidation delay beyond two months constituted the offense.

Case Summary (G.R. No. 158014)

Case Background

Manlangit was accused of violating Article 218 of the Revised Penal Code after failing to properly account for a public fund of P176,300 received for the Commission's activities. The complaint was filed by Artaserxes L. Sampang, the Executive Director of the Commission, citing that Manlangit had not rendered a true account of the funds entrusted to him. Manlangit, upon his resignation, did not provide the necessary liquidation report, which led to his indictment.

Legal Framework

Article 218 of the Revised Penal Code outlines the obligations of public officers to render accounts for public funds entrusted to them, with criminal liability arising from the failure to do so after a specified period. The case references the implications of COA Circular No. 90-331, which mandates timely accounting of cash advances, and highlights that no demand for such accounting is explicitly stated as a prerequisite for liability under Article 218.

Procedural Posture

After the Ombudsman filed charges, Manlangit submitted a counter-affidavit claiming he did not intend to appropriate the funds and cited reasons for the delay in reporting. Despite this, the Sandiganbayan found that the evidence of non-compliance with the accounting requirement was compelling, thus leading to a conviction for violating Article 218.

Key Legal Issues

Manlangit raised several key legal issues on appeal, including whether prior demand from the Commission on Audit (COA) was necessary to secure a conviction under Article 218, the applicability of the ruling in United States v. Saberon, and whether the case was rendered moot by the submission of his liquidation report.

Court's Analysis

The Sandiganbayan and, subsequently, the appellate court noted that the elements of Article 218 do not require prior demand for accountability as a prerequisite for liability. The essential requirement under Article 218 is that the public officer must be legally mandated to render accounts and fail to do so. The court further emphasized that the timely submission of the liquidation report was breached, with Manlangit’s report presented after the statutory deadline.

Application of the Law

The court analyzed the implications of the COA Circular and clarified that the standards set forth do indeed provide timelines for submission without necessitating a prior demand. As articulated in the decision, the absence of demand does not negate the liability under the statute, as it unequivocally expresses the public off

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