Diaz v. Sandiganbayan

VITUG, J.:

Milagros L. Diaz, erstwhile postmistress of Tandag, Surigao del Sur, was found guilty beyond reasonable doubt of the crime of malversation of public funds defined by Article 217, paragraph 4, of the Revised Penal Code, in a decision rendered by the Sandiganbayan on 15 March 1996 in Criminal Case No. 11295. The Sandiganbayan adjudged: WHEREFORE, in view of all the foregoing, the Court hereby finds the accused Milagros L. Diaz GUILTY beyond reasonable doubt of the crime of malversation of public funds as described and penalized in Art. 217 of the Revised Penal Code for the amount of P9,813.99, and after considering the mitigating circumstance of full restitution in her favor and applying the provisions of the Indeterminate Sentence Law, hereby sentences her to suffer the following penalties: 1. imprisonment for an indeterminate period ranging from a minimum of six (6) years and one day of prision mayor to a maximum of ten (l0) years and one (1) day of reclusion temporal ; 2.

fine in the amount of P9,813.99, the amount equal to the amount malversed; and 3. perpetual special disqualification for public office. She is likewise ordered to pay the Bureau of Posts the amount of P6.70 only to complete the restitution made by the accused.

SO ORDERED. 1 In her petition for review before this Court, Milagros Diaz assails her conviction by the Sandiganbayan and continues to profess her innocence. The case against petitioner sprung from the implementation of Office Order No. 83-15, dated 03 March 1983, issued by Provincial Auditor Diosdado Lagunday, Surigao del Sur, that directed Auditor II Dominico L. Quijada and Auditing Examiners I Victor B. Tecson and Zenaida C. Cueto to examine the cash and other accounts of petitioner Milagros L. Diaz, then postmistress of Tandag, Surigao del Sur.

The following day of 04 March 1983, Quijada required petitioner Diaz to produce all "cash, treasury warrants, checks, money orders, paid vouchers, payrolls and other cash items" that she was officially accountable for. Petitioner, who was bonded for P100,000.00, was found to have made cash payments in the total amount of six thousand one hundred seventy-one pesos and twenty-three centavos (P6,171.23), hereunder itemized: Nature of Claims Date Amount Telephone Rental Nov.

1980 P250.00 Office Rental, S. Haguisan Mar. 1981 570 TEV, Milagros L. Diaz Dec. 1980 385.2 Spare parts, Phil. Mail Jun.

1979 50.5 Gasoline, Phil. Mail Aug. 1979 1,020.20 Spare parts, Phil. Mail Dec. 1979 684.8 Spare parts, Phil. Mail Jan.

1980 353.55 Repair, Phil. Mail Oct. 1980 64 Repair, Phil. Mail Dec. 1980 46 Registration Fee; Phil. Mail Dec.

1980 25.5 Office Rental, S. Haguisan Aug. 1981 640 TEV, Milagros L. Diaz Nov. 1981 468.5 Repair, Phil. Mail Jan.

1982 32 Mail Carriage, Postmaster Jan. 1982 6 Gasoline, Phil. Mail Sept. 1982 228.44 Mail Carriage, Postmaster Feb.

1982 12.5 Gasoline, Phil. Mail Feb. 1982 238.95 Fare, Pedro D. Sindo Oct. 1982 5 TEV, Milagros L. Diaz Nov.

1982 250.5 Salary, Carlos M. Acevedo 839.59 TOTAL