GR 126413; (August, 1999) (Digest)
G.R. No. 126413, August 20, 1999
ANTONIO C. MARTINEZ, petitioner, vs. PEOPLE OF THE PHILIPPINES and THE SANDIGANBAYAN, respondents.
FACTS
Petitioner Antonio C. Martinez was the Officer-in-Charge and Acting City Mayor of Caloocan City from December 1986 to January 1988. During his tenure, he received several cash advances from the city government earmarked for specific projects: P100,000.00 on December 24, 1986; P145,000.00 on January 27, 1987; P300,000.00 on January 29, 1987; and P200,000.00 on July 23, 1987. After demands by the City Treasurer to liquidate these cash advances went unheeded, four separate informations for malversation of public funds were filed against him before the Sandiganbayan on June 1, 1995. Petitioner filed a motion to quash the informations, arguing that the facts charged did not constitute an offense under Article 217 of the Revised Penal Code and that there was no prima facie evidence against him. The Sandiganbayan denied the motion to quash in a resolution dated June 10, 1996. Petitioner was arraigned on July 26, 1996, and entered a plea of not guilty. He then filed the present petition for certiorari and prohibition, seeking to annul the Sandiganbayan’s resolution and to restrain further proceedings.
ISSUE
Whether the Sandiganbayan acted with grave abuse of discretion in denying petitioner’s motion to quash the informations on the grounds that the informations do not charge an offense and that there was no prima facie case.
RULING
The Supreme Court denied the petition. The Court held that the Sandiganbayan correctly denied the motion to quash. Petitioner’s admitted failure to liquidate the cash advances despite demands by the City Treasurer gives rise to a prima facie presumption under Article 217 of the Revised Penal Code that he malversed the funds for his personal use. The appropriate remedy from the denial of a motion to quash is not an appeal or certiorari but to proceed to trial and, if an adverse decision results, to appeal therefrom. Furthermore, petitioner waived all objections which are grounds for a motion to quash when he voluntarily entered a plea of not guilty during arraignment without objecting to question the denial before a superior court. The petition was dismissed for lack of merit.