Caliao v. Hon. Sandiganbayan & The People Of The Philippines

PARAS, J.:

This petition for certiorari assails the decision dated June 7, 1982, of respondent Sandiganbayan finding accused-petitioner Pedro Bacasnot y Caliao, guilty beyond reasonable doubt of the crime of Malversation of Public Funds/Property. The dispositive portion of the assailed decision reads: WHEREFORE, judgment is hereby rendered finding accused Pedro Bacasnot y Caliao GUILTY beyond reasonable doubt as principal of the crime of Malversation of Public Funds, as defined and penalized under Article 217, Paragraph 4, of the Revised Penal Code, and there being no modifying circumstance on record, hereby sentences him to suffer the indeterminate penalty of TWELVE (12) YEARS AND ONE (1) DAY as minimum, to EIGHTEEN (18) YEARS, EIGHT (8) MONTHS and ONE (1) DAY as maximum, both of reclusion temporal, to suffer perpetual special disqualification, to pay a fine of P3,900,961.39, to indemnify the National Food Authority in the same amount of P3,900,961.39 malversed by him and to pay the costs of this action.

(Rollo, p. 111) Petitioner was the Operation Officer and the Grains Stock Control Officer of the National Food Authority (NFA, for short) at Malaybalay, Bukidnon from May, 1975 until his suspension in October, 1980. As such he was issued Special Orders Nos. 19-B and 38 (Exhs.

A-3 and A-4) authorizing him to assist in the procurement operations in Bukidnon. He was an accountable officer and he was required to post a bond. (Exhs.

A-5 and A-6) Petitioner's area of responsibility covered the entire province of Bukidnon. He was responsible for numeruos warehouses where thousands or millions of kilos of corn grains, palay, rice and corn grit were stored. On or about November 21, 1979, a team of auditors from the Commission on Audit (COA) assigned at the NFA head office examined the stocks and empty sacks accountabilities of petitioner.

He was found to have incurred shortages in his accounabilities, not only for stocks of corn, grains, rice and palay, but also for empty sacks. Initial examination (Exh. M) revealed that he had incurred shortages as follows: Variety Quantity Replacement Cost Amount Corn grains 1,399,966.05 P2.86 P4,003,902.90 Palay 20, 702.90 1.80 38,507.39 Rice 8,210.00 3.83 29,805.60 Corn grits 1,800.16 2.73 4,914.44 Empty Sacks 361,020.72 Total Shortages