WA-ACON VS.

PEOPLE
G.R. NO. 164575
CRIMINAL Law

FACTS: Wa-acon, a public officer, was the Special Collecting Officer (SPO) of NFA and was accountable
and responsible of rice stocks and empty sacks which he received and was entrusted to him. One of his
duties was to receive grains, which shall be sold to the public for retail. Proceeds of the sale shall then be
collected by Wa-acon. An examination of accountabilities of various SPOs was done and Wa-acon was
among them. He was asked to produce cash, cash items, stocks, and empty sacks and other pertinent
papers. It was discovered that there was cash shortage and other missing items and that he was then
accused for malversation. He denied the allegations and claimed that the deliveries made were short and
he only signed the delivery because he will not be paid his salary. He was found guilty by the SB hence the
case.

PROCEDURAL ISSUES:
1. Whether or not he was guilty beyond reasonable doubt? Yes

HELD:
1. Petitioner merely settled for his bare and uncorroborated testimony during the trial with the SB. He
never bothered to adduce other pieces of evidence to fortify his defenses. He did not produce the
delivery man whom he claims had in possession the empty sacks or any acknowledgement receipt for
the bags. He did not even bring forward his co-workers to attest that they receive rice without
weighing them and that the bags received weighed less than what was in the receipt. The established
rule is that denials if unsubstantiated by clear and convincing evidence. Are deemed negative and
self-serving evidence unworthy of credence. Wa-acon fell short of adducing the desired quantum of
evidence. His weak and unconvincing testimony standing alone did not overthrow the presumption
that he misappropriated public funds. Without any strong and convincing proof to bring down the
disputable presumption of law, Court sustained his conviction.