G.R. No. 173360 ; March 28, 2008
Lt. Col. PACIFICO G. ALEJO, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

FACTS

Petitioner Lt. Col. Pacifico G. Alejo, then Commanding Officer of the Real Estate Preservation Economic Welfare Center (REPEWC) and Task Force Commander of Task Force Sagip Likas Yaman (TFSLY), was charged with Malversation of Public Property. The information alleged that on or about June 8, 1992, in Nueva Ecija, he misappropriated 1,000 board feet of confiscated illegal logs valued at ₱20,000.00. The prosecution established that a Memorandum of Agreement existed between the DENR and the 7th Infantry Division, designating the military for the safekeeping of confiscated forest products. Prosecution witnesses, who were petitioner’s subordinates, testified that upon his instruction, they loaded confiscated logs from the Atate Detachment and delivered them to his residence, where they were unloaded in his presence.
The defense presented petitioner, who denied the allegations and claimed the witnesses were coerced by higher military officials to testify against him. He also presented a witness who issued a citation commending him for anti-illegal logging efforts. The Regional Trial Court acquitted him of Direct Bribery and Violation of R.A. No. 3019 but convicted him of Malversation. The Sandiganbayan affirmed this conviction, prompting the petition for review.

ISSUE

Whether the Sandiganbayan erred in affirming petitioner’s conviction for Malversation of Public Property.

RULING

The Supreme Court denied the petition and affirmed the conviction. The legal logic centered on the elements of malversation under Article 217 of the Revised Penal Code: (1) the offender is a public officer; (2) he has custody or control of funds or property by reason of his office; (3) the funds or property are public; and (4) he has appropriated, taken, or permitted their taking. The Court found all elements present. Petitioner, a public officer, had accountability over the confiscated logs pursuant to his command of REPEWC/TFSLY and the operational MOA. The logs, being confiscated, were indisputably public property.
The Court upheld the credibility of the prosecution witnesses, whose consistent testimonies detailed the delivery of logs to petitioner’s house upon his order. Their affidavits, executed shortly after the incident, were deemed credible. Petitioner’s defense of denial and alleged witness coercion was insufficient to overcome the positive identification and the presumption of misappropriation arising from his failure to account for the property. The conversion was proven by the logs’ delivery to his private residence without official justification, constituting willful misappropriation for personal use. The penalty imposed by the Sandiganbayan was affirmed as within the proper legal range.