GR 186659; (February, 2012) (Digest)
G.R. Nos. 186659-710; February 1, 2012
Zacaria A. Candao, Abas A. Candao and Israel B. Haron, Petitioners, vs. People of the Philippines and Sandiganbayan, Respondents.
FACTS
Petitioners were convicted by the Sandiganbayan for the crime of Malversation of Public Funds under Article 217 of the Revised Penal Code. The amounts involved exceeded Twenty-Two Thousand Pesos (P22,000.00). The Supreme Court, in a Decision dated October 19, 2011, affirmed their conviction with modifications, including an order for restitution. However, the petitioners filed a motion for reconsideration.
In the assailed Decision, the Court had imposed an indeterminate sentence with a maximum term erroneously fixed at 17 years and 4 months of reclusion temporal medium. This prompted a review of the proper penalty computation during the resolution of the motion for reconsideration.
ISSUE
Whether the Supreme Court correctly computed the indeterminate penalty for the crime of Malversation where the amount malversed exceeds P22,000.00, and consequently, whether the motion for reconsideration should be denied.
RULING
The motion for reconsideration is denied. The Court, however, corrects the penalty computation as originally stated in its October 19, 2011 Decision. The prescribed penalty for malversation exceeding P22,000.00 is reclusion temporal in its maximum period to reclusion perpetua. This penalty is not composed of three distinct periods. Applying Article 65 of the Revised Penal Code, the Court must divide the time included in the penalty prescribed into three equal portions. Since reclusion perpetua is indivisible, it constitutes the maximum period. The reclusion temporal maximum period is then divided into two to form the minimum and medium periods.
Thus, the periods are: Minimum 17 years, 4 months, and 1 day to 18 years, 8 months; Medium 18 years, 8 months, and 1 day to 20 years; Maximum Reclusion perpetua. With no modifying circumstances present, the maximum of the indeterminate sentence must be taken from the medium period. Consequently, the maximum imposable penalty is correctly within the range of 18 years, 8 months, and 1 day to 20 years. The minimum penalty, one degree lower, is within prision mayor maximum to reclusion temporal medium (10 years and 1 day to 17 years and 4 months). The Sandiganbayan’s penalty was therefore proper. The Court affirmed the convictions and ordered the petitioners to pay, jointly and severally, the malversed funds totaling P21,045,570.64 as restitution.