Valenton, Francis Angelo T.

Criminal Law 2

1S

Agullo vs. Sandigangbayan (G.R. No. 132926)

Facts: The petitioner is Elvira Agullo. The respondents are: Sandigangbayan and the People of
the Philippines. In the case at bar, the herein accused was the then disbursing officer of Ministry
of Public Works and Highways Regional Office VIII in Candahug, Palo, Leyte. She was charge
for having allegedly misappropriated P26,404.26 for her own personal use and benefit, which
lawfully belongs the government. Upon the arraignment, the accused admitted having received a
letter of demand but was not able to reply due to the reason the she suffered a stroke on October
22, 1985. The Sandigangbayan nonetheless found her guilty for the crime of malversation of
public funds.

Issue: Is the petitioner liable for malversation of public funds.

Held: The Supreme Court said that mere prima facie evidence of conversion or presumption of
malversation under Article 217 of the Revised Penal Code may be rebutted by evidence. The
herein petitioner was able to produce adequate evidence sufficient enough to nullify any
likelihood that the petitioner put such funds or property to personal use. Hence, the constitutional
presumption of innocence cannot be disproved if there is no sufficient evidence of malversation.