G.R. No. 84637 August 2, 1989
JESUS P. PERLAS, JR., petitioner, vs. PEOPLE OF THE PHILIPPINES, respondent.

FACTS

The petitioner, Jesus P. Perlas, Jr., was convicted by the Sandiganbayan of three counts of estafa. The cases stemmed from his actions as Acting Director of the National Parks Development Committee (NPDC), a government agency under the Office of the President. In October 1981, Perlas received a P1,000,000.00 check donation from the Philippine Tourism Authority intended for the NPDC. He deposited this into a time deposit account at the Philippine Veterans Bank. In March 1982, he preterminated this deposit and used the proceeds to open a new time deposit certificate at Philtrust Bank in the name of NPDC.
On the strength of this certificate and by presenting a self-serving affidavit and a forged secretary’s certificate, Perlas, representing himself as NPDC Director, obtained two loans from Philtrust Bank totaling P990,000.00. These loans were ostensibly granted to the NPDC. However, the loan proceeds were credited directly to Perlas’s personal checking account upon the instructions of the bank manager, Crisostomo Veneracion. Perlas subsequently issued checks against this account for his personal benefit.

ISSUE

The primary issue was whether the Sandiganbayan correctly exercised jurisdiction over Perlas and properly convicted him of estafa, considering his claim that he was merely a director of a private corporation, NPDC, Inc., and not a public official.

RULING

The Supreme Court affirmed the Sandiganbayan’s jurisdiction and the conviction. The legal logic centered on Perlas’s status as a public official. The Court found that the NPDC was unequivocally a government agency under the Office of the President, as evidenced by executive orders and its inclusion in annual appropriations acts. Perlas was validly designated as Director of this government NPDC by Executive Order No. 76. His concurrent but invalid “designation” as Acting Director of the private NPDC, Inc. did not alter his primary public office. As Director of the government NPDC, he was a public official falling under the jurisdiction of the Sandiganbayan pursuant to Presidential Decree No. 1606.
On the merits, the Court upheld the estafa convictions. The P1,000,000.00 check from a government agency to another government agency constituted public funds. Perlas, through deceit and abuse of confidence, converted these funds for his personal use. His use of a forged document and a false affidavit to secure the loans, coupled with the diversion of the loan proceeds to his personal account, clearly constituted the deceit and misappropriation essential to estafa under Articles 315(1)(b) and 315(2)(a) of the Revised Penal Code. The Court modified only the penalty of temporary special disqualification, setting it at twelve years for each count.