G.R. No. 239823, September 25, 2019
Angelica Anzia Fajardo, Petitioner, v. People of the Philippines, Respondent.
FACTS
Petitioner Angelica Anzia Fajardo was the Cashier V and designated Officer-in-Charge, Division Chief III, Prize Payment (Teller) Division, Treasury Department of the Philippine Charity Sweepstakes Office (PCSO). By virtue of her position, she was authorized to draw a cash advance of P3,000,000.00 for prize payments. On November 13, 2008, a spot cash audit by the PCSO Internal Audit Department discovered a shortage of P218,461.00 in her account. Fajardo did not report for work the next day. On January 8, 2009, upon her return, a second audit in her presence revealed an increased shortage of P1,877,450.00, and it was found that cash and checks presented during the first audit were missing. She turned over only P20,000.00 remaining in her vault. A demand letter was issued, and in her reply dated January 27, 2009, she acknowledged her mistake, admitted liability for the missing funds, and offered to settle her accountability. She was charged with Malversation of Public Funds. At trial, she claimed the audits were irregular, that she was forced to sign cash count sheets, and that her January 27 letter was involuntarily given as she was confused and tricked. She also suggested the shortage could have been due to pilferage by a co-employee. The Regional Trial Court found her guilty. The Sandiganbayan affirmed the conviction but modified the penalty.
ISSUE
Whether the Sandiganbayan correctly affirmed petitioner Angelica Anzia Fajardo’s conviction for the crime of Malversation of Public Funds.
RULING
Yes, the Sandiganbayan correctly affirmed the conviction. All elements of Malversation under Article 217 of the Revised Penal Code were established: (1) Fajardo was a public officer; (2) she had custody or control of public funds by reason of her office; (3) the funds were public funds for which she was accountable; and (4) she appropriated, took, or misappropriated them, or through abandonment or negligence, permitted another person to take them. Her failure to account for the missing funds upon demand gave rise to the prima facie presumption of malversation, which she failed to rebut with competent evidence. Her defense of irregular audit procedures was unsubstantiated. Her letter dated January 27, 2009, wherein she admitted liability, was deemed voluntarily given and not a violation of her right against self-incrimination, as it was submitted during a preliminary fact-finding investigation. The Sandiganbayan properly modified the penalty to an indeterminate sentence of six (6) years and one (1) day of prision mayor, as minimum, to ten (10) years and one (1) day of prision mayor, as maximum, plus a fine of P1,877,450.00, applying Republic Act No. 10951 and considering the mitigating circumstance of voluntary surrender.
