L[aw]rd's Lair

Facts: Appellant, Leoncio Radaza was on of the councilors of the town of Burawen and in charge of the barrio of La Paz. Francisco Tirado paid to the appellant the sum of P5.00 being as he thought, for the privilege of slaughtering a carabao. The appellant represented himself as having authority and being the person in charge of the collection of these fees. He promised to obtain a receipt for Tirado for this amount, however, he not only failed to obtain the official receipt for this amount but converted the same to his own use. Appellant was charged and convicted for the crime of malversation of public funds. Issue: Is the crime of the appellant malversation of public funds or estafa? Holding: The real crime committed by the appellant is that of estafa and not malversation of public funds. The appellang did not receive the P5.00 in his official capacity. It was not his duty to collect these fees, and he had no authority to do so. For these reasons he is not guilty of th...

Facts: Juanito Merencillo was charged of violation of Sec. 3 (b) of RA 3019 and Direct bribery. Petitioner demanded from private complainant Ma. Angeles Ramasola Cesar P20,000.00 in exchange for the approval of the Certificate Authorizing Registration (CAR). Due to the repeated demand of the petitioner and delaying the release of CAR, private complainant seek the help of the authorities. As a result, petitioner was caught in the entrapment instituted by the police. After trial, the RTC found petitioner guilty as charged. Petitioner appealed the decision to the Sandiganbayan which was denied affirming the RTC decision. Hence, this petition for review of certiorari, contending that he was twice in jeopardy when he was prosecuted for violation of Sec. 3 (b) of RA 3019 and for direct bribery. Issue: WON the petitioner was placed in double jeopardy. Holding: No. Section 3(b) of RA 3019 begins with the following statement: Sec.3 In addition to acts or omissions of public offic...

Facts: Oscar Purangao was a former municipal treasurer, he was charged with malversation of public funds for he allegedly misappropriated the fund he received from the Ministry of Public Works and Highways the amount of P185,250.00 known as the fund for construction, rehabilitation, betterment and Improvement (CRBI) for the concreting of Barangay Jalung Road in Porac, Pampanga. In his defense, petitioner accounted for the P185,250.00 fund as follows: A) P126,095.57 = was disbursed for materials delivered by the contractor; B) P59,154.41 = was used to pay, upon the insistence of the then Porac Mayor Ceferino Lumanlan, the labor payrolls of the different barangays in the municipality. After hearing, the respondent Sandiganbayan rendered decision acquitting the petitioner of the crime charged but convicting him of the crime of illegal use of public funds. Petitioner filed motion of reconsideration which was denied, hence this petition for review. Issue: May the Sandiganbayan...

Facts: This is a petition for review of a decision of the Sandiganbayan. In convicting the petitioner of violation of Sec. 3(e) of RA 3019 (Anti-graft and corrupt practices Act). The municipality of Palapag Northern Samar, by its OIC Vice-mayor Teodoro Bello entered into a contract with the Flores Construction Company, represented by Eduardo Guevarra, for construction of the municipal public market. The period of completion of the project was 100 days. The price was P652,562.60. The petitioner issued (4) PNB checks in favor of the contractor in total amount of P650,000.00. However, sometime in June 1988, after receipt of said payments, the contractor abandoned the project. The COA special Audit Team inspected the progress of the construction of the Palapag Municipal Market. It discovered several irregularities. It found out that only about 36.24% of the construction of the municipal market has been completed despite the lapse of the contract period of 100 days. The actual cost of...

Facts: Petitioner Emiliano Cimafranca Jr. was the provincial fisheries inspector. He was issued a revolver and a Briggs and Stratton engine. When his temporary appointment expired, he was advised by the provincial Governor and the OIC of the Office of the Treasurer to return the revolver and engine. Petitioner did not comply. During the property audit directed by the provincial auditor on the ten(10) government officials including the petitioner, they found out that, although separated from the service, petitioner had not yet settled his property accountabilities, despite demands. Petitioner was charged of malversation of public property. During the trial the revolver and engine was returned to the Government by the petitioner. After trial, the petitioner was found guilty as charged. Hence, this appeal. Issue: WON an accountable public officer may be criminally liable for malversation of public property when he fails to return or produce the  same upon demand, although aft...

Facts: This is a petition for certiorari by Petitioner Arturo Quizo, assailing the resolution of the respondent Sandiganbayan, which denied the motion to dismiss filed by the Tanodbayan, as well as the resolution which denied the motion for reconsideration. Petitioner is the Money Teller of Cagayan de Oro Post office. It appears that after an audit conducted by Commission of Audit, it was found to have incurred a shortage in his cash and other accounts of P17,421.74. On the same day, Petitioner reimbursed the amount of P406.18; three days after, P10,515.56; and on September 19, 1983, the balance of P6,500.00. Notwithstanding full restitution, an information for malversation of public funds against the Petitioner was filed by the Tanodbayan before the Sandiganbayan. After the reinvestigation, the Tanodbayan filed a motion to dismiss on the following grounds: a) no damage was inflicted on the Government as there was full restitution of the malversed funds within a reasonable time; ...

Facts: This case is about a petition for review on certiorari filed by the petitioner, argues for the reversal of the crime of malversation of public funds. Petitioner is a postmaster, he was audited of his cash and accounts for period from August 29, 1984-May 28, 1985. The audit examination disclosed that petitioner incurred a shortage of P160,905.03. Required to produce immediately the missing funds and to explain in writing within 72 hours the fact of the shortage. Petitioner neither restituted the missing sum nor made any written explanation. As a consequence, Petitioner was charged with malversation of public funds before the Sandiganbayan. Petitioner was found guilty as charged, hence this appeal. He contended that he cannot be convicted of intentional malversation since there is no evidence showing that he appropriated the funds for his personal use. Issue: Is direct evidence required to convict a public officer of malversation? Holding: Malversation may thus be ...

Facts: Petitioner De Guzman work as Traveling collector. He collected the total amount of P 204,349.32 from various agencies but remitted to the General Teller, Cash Division Department of Finance, only P 127, 797.95, thus resulting in a shortage of P76,521.37. Petitioner contends that his accountability was not proven considering that the audit examination was conducted in his absence and after he signed the Report of Examination in blank presented to him by Auditing Examiner Maximo Pielago, thus making the procedure irregular.  Auditing Examiner Pielago candidly admitted that he made the accused sign the Report of Examination in blank even before any examination could be conducted because upon his first demand to the Petitioner for the production of his cash and cash items the latter told him that he had nothing to account for anyone since he ceased making collection. Pielago proceeded with the audit examination of Petitioner’s accountability from the official records. He w...