Case Summary (G.R. No. 188492)
Background of the Charges
Four criminal cases were filed against the petitioners, enumerated as follows: Criminal Case No. 2135 (falsification of public document), Criminal Case Nos. 2136, 2137, and 2138 (malversation of public funds). In these cases, Penaflor Penaverde, serving as Barangay Captain, and Melecio Hermita, serving as Kagawad, allegedly falsified documents to misappropriate funds intended for the Barangay Manapao’s development projects.
Outcome of the Sandiganbayan
The Sandiganbayan found both petitioners guilty of the charges against them and articulated the specific penalties for each offense, applying the Indeterminate Sentence Law. They were sentenced to various terms of imprisonment alongside fines and restitution of the misappropriated amounts to the Barangay.
Petitioners' Claims
Following their conviction, the petitioners filed separate motions to reconsider the Sandiganbayan’s decision, arguing that the court erred in its findings. They contended that Penaflor Penaverde was not an accountable officer for the BIDA funds, as those funds were under the custody of Provincial Development Officer Adolfo Badiola, who issued checks for disbursements.
Solicitor General's Position
The Solicitor General acknowledged that the petitioners might not be accountable for malversation since Badiola held that responsibility. The claim distinguished the nature of the funds' custody, raising questions about the petitioners' criminal liability concerning malversation.
Nature of Conspiracy
Despite the admission regarding the custody of funds, the Solicitor General maintained that the petitioners engaged in conspiratorial acts leading to the inducement of another party to deliver funds under false pretenses, which aligned with the nature of their charges.
Evaluation of Conspiracy
The Sandiganbayan's conclusion that the petitioners conspired to commit the offenses was primarily based on the credibility of witness testimonies. The court's findings on witness credibility and the establishment of facts in this case are generally respected unless substantive evidence is overlooked.
Supreme Court's Finding
Upon review, the Supreme Court found
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Case Overview
- The case involves petitioners Penaflor Penaverde and Melecio Hermita, who were convicted by the Sandiganbayan of falsification of public documents and malversation of public funds in three counts.
- The convictions were based on allegations of misappropriation of funds and falsification related to a public project in Barangay Manapao, Minalabac, Camarines Sur.
Criminal Charges
Criminal Case No. 2135: Falsification of Public Document
- Date of Allegation: November 18, 1978.
- Accused: Penaflor Penaverde (Barangay Captain) and Melecio Hermita (Kagawad).
- Allegation: Falsified the Certificate of Project Completion for a footpath project which was never completed, causing damage to public service.
Criminal Case No. 2136: Malversation of Public Funds
- Date of Allegation: October 7, 1978.
- Amount involved: P300.00.
- Allegation: Misappropriated funds intended for Barangay Improvement and Development Assistance (BIDA) for personal use.
Criminal Case No. 2137: Malversation of Public Funds
- Date of Allegation: December 27, 1978.
- Amount involved: P500.00.
- Allegation: Similar to Case No. 2136, misappropriated funds for personal benefit.
Criminal Case No. 2138: Malversation of Public Funds
- Date of Allegation: October 11, 1978.
- Amount involved: P1,897.00.
- Allegation: Again, misappropriated funds from the BIDA meant for the barangay.
Sandiganbayan Decision
- The Sandiganbayan found both petitioners guilty and sentenced them to various penalties.
- Sentences:
- Criminal Case No. 2135: Indeterminate penalty of 2 years and 4 months to 8 years and 1 da