A.M. No. SB-95-6-P December 10, 1997
PEPITO GUILLEN, complainant, vs. LUIS CONSTANTINO, respondent.

FACTS

Respondent Luis Constantino, the Sandiganbayan Supply Officer, was charged by complainant Pepito Guillen, a Duplicating Equipment Operator in the same office, with falsification of public document and malversation of public property. The charges stemmed from two incidents. First, on August 14, 1995, respondent signed a sales invoice from Sanyo Pentagon Automation Corporation acknowledging receipt of a repaired copier machine “in good order and condition,” despite the machine having minor defects. He did so upon the representation of Sanyo technicians that they would return to fix it, which they did the following day. The machine was used until October 1995. Second, on November 13, 1990, respondent received promotional items (a calculator and a typewriter) from Sanyo in his official capacity but did not record them in the office inventory or inform his superiors, keeping them in his office cabinet.

ISSUE

Whether respondent Luis Constantino is administratively liable for the acts complained of, specifically for falsification of public document, malversation of public property, negligence, and/or misconduct.

RULING

The Court found respondent NOT liable for falsification of public document or malversation of public property. His act of signing the delivery receipt was done in good faith, relying on the technician’s promise to return and repair the minor defect, and the machine remained operational. There was also no misappropriation of the promotional items, as he produced them when asked. However, the Court found respondent guilty of SIMPLE MISCONDUCT for failing to record the promotional items in the official inventory, in violation of auditing rules and his duties as Supply Officer, even if the items were not acquired with government funds. The penalty imposed was a FINE of Five Thousand Pesos (P5,000.00) with a warning. He was also ordered to surrender the promotional items to his superior.