People v. Candao
REITERATIONFacts
1. The Antecedents: The petitioners, Zacaria A. Candao, Abas A. Candao, and Israel B. Haron, were convicted of malversation of public funds. The underlying dispute involved the misappropriation of government funds, with the total amount malversed ultimately determined to be P21,045,570.64. 2. Procedural History: The petitioners were found guilty beyond reasonable doubt of malversation of public funds by the Sandiganbayan in its Decision dated October 29, 2008. The Sandiganbayan subsequently denied their motion for reconsideration in a Resolution dated February 20, 2009. The case reached the Supreme Court on a petition for review on certiorari. 3. The Petition: The petitioners filed a motion for reconsideration of the Supreme Court's Decision dated October 19, 2011. While the Court denied the motion for reconsideration, it granted the suggestion to correct the maximum of the indeterminate sentence. The Court clarified that the penalty for malversation, when the amount exceeds P22,000.00, is reclusion temporal in its maximum period to reclusion perpetua. Applying Article 65 of the Revised Penal Code, the medium period of this penalty, which is from 18 years, 8 months, and 1 day to 20 years, should be the maximum of the indeterminate sentence in the absence of aggravating or mitigating circumstances.
Issue(s)
Whether the maximum of the indeterminate sentence for malversation of public funds, as imposed by the Supreme Court, was correctly fixed. Whether the penalty imposed by the Sandiganbayan was proper and correct.
Ruling
The motion for reconsideration filed by the petitioners is DENIED. The Supreme Court affirmed with modification its Decision dated October 19, 2011, denying the petition for review on certiorari for lack of merit and affirming the Sandiganbayan's Decision and Resolution, with modifications regarding the restitution of malversed funds and the service of sentences.
Ratio Decidendi
On the maximum of the indeterminate sentence: The Court clarified that the penalty for malversation of public funds when the amount exceeds P22,000.00 is reclusion temporal in its maximum period to reclusion perpetua. Pursuant to Article 65 of the Revised Penal Code, reclusion perpetua is indivisible and constitutes the maximum period. Reclusion temporal in its maximum period is divided into two to determine the medium and minimum periods. Therefore, 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), and Maximum (reclusion perpetua). In the absence of aggravating or mitigating circumstances, the maximum of the indeterminate sentence should be taken from the medium period, which is 18 years, 8 months, and 1 day to 20 years. The initial decision erroneously fixed this at 17 years and 4 months of reclusion temporal medium. On the propriety and correctness of the penalty imposed by the Sandiganbayan: The Court found the penalty imposed by the Sandiganbayan to be proper and correct. Under Article 217, paragraph 4 of the Revised Penal Code, as amended, the penalty of reclusion temporal in its maximum period to reclusion perpetua is imposed when the amount involved exceeds P22,000.00. Considering the absence of aggravating or mitigating circumstances, the maximum imposable penalty falls within the medium period of reclusion temporal maximum to reclusion perpetua, ranging from eighteen (18) years, eight (8) months and one (1) day to twenty (20) years. The Indeterminate Sentence Law dictates that the minimum penalty, being one degree lower, shall range from prision mayor maximum to reclusion temporal medium, or ten (10) years and one (1) day to seventeen (17) years and four (4) months. The penalty imposed by the Sandiganbayan was thus consistent with these provisions.
Main Doctrine
The maximum of the indeterminate sentence for malversation of public funds, when the amount involved exceeds P22,000.00 and no modifying circumstances are present, should be taken from the medium period of reclusion temporal in its maximum period to reclusion perpetua, which ranges from 18 years, 8 months, and 1 day to 20 years.