G.R. No. L-68633 July 11, 1986
JESUS SALVACION y ALLEGADO, petitioner, vs. SANDIGANBAYAN, respondent.

FACTS

Petitioner Jesus Salvacion, Postmaster I of Balingasag, Misamis Oriental, was convicted of technical malversation by the Sandiganbayan. The case arose from a shortage of P30,083.85 discovered during an audit of his accounts. Salvacion claimed the amount was stolen from him on April 30, 1982, while he was en route to deposit it at the Development Bank of the Philippines in Cagayan de Oro City. He testified that after withdrawing the money witnessed by subordinates, he boarded a bus and later a tricycle, where he was held up at gunpoint by men who took his clutch bag. He was detained for several hours before being released, after which he immediately reported the robbery to the police and his superior the following morning.
The Sandiganbayan disbelieved his account, finding it implausible. The court noted the deposit amount matched the shortage exactly, questioned why post-dated checks and other items were not included, and found the robbers’ behavior and the police’s allegedly lax response suspicious. It held that Salvacion’s failure to produce the funds upon demand created a prima facie presumption of malversation under Article 217 of the Revised Penal Code, which he failed to rebut.

ISSUE

Whether the Sandiganbayan committed grave abuse of discretion in convicting the petitioner based solely on the prima facie presumption of malversation, despite his evidence explaining the loss of the funds.

RULING

The Supreme Court reversed the Sandiganbayan’s decision and acquitted the petitioner. The Court held that the legal presumption under Article 217—that failure to account for public funds upon demand constitutes prima facie evidence of malversation—is rebuttable. Salvacion successfully rebutted this presumption with clear and consistent evidence. His detailed testimony about the robbery, supported by his immediate reports to the police and his superiors, carried a “distinct ring of truth and reality.” The Court found the Sandiganbayan’s skepticism over minor inconsistencies and the robbers’ alleged irrational behavior unreasonable, noting that a fabricated story would likely be more polished. The imperfections in his narrative, such as the police’s procedural lapses, were beyond his control and did not indicate fabrication.
Furthermore, the Court found it illogical for Salvacion to risk his career and retirement benefits for a small potential gain from the missing amount. The prosecution failed to present any evidence of actual misappropriation beyond relying on the presumption. The presumption, once overcome, could not sustain a conviction without affirmative proof of guilt. The Court emphasized that while punishing crime is important, protecting the innocent from unjust conviction is paramount. Thus, the petitioner’s evidence sufficiently explained the loss, negating the presumption and warranting acquittal.