46. Bahilidad Vs. People.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Bahilidad vs. People (G.R. No. 185195)

Facts: The petitioner is Violeta Bagilidad. The respondent is the people of the Philippines. In the case at bar, the herein petitioner and co-accused Amelia Carmela C. Zoleta was charged with the complex crime of Malversation of Public Funds through Falsification of Public Documents. This was through the complaint of a concerned citizen which states that the release of financial assistance intended to be appropriated to NGO’s and LGUs were fraudulently and illegally made local development projects do not exist resulting to the loss of P17,106,613.00 on the part of the government. And that the financial assistance granted to cooperatives whose officials and members were mostly government personnel or relative of the officials of Sarangani Province, resulting to the misuse of government funds amounting to P2.246.481.00. This was corroborated by the testimonies of different persons like: State Auditor IV at COA, Region XII Director of Cooperative Development Authority. The Sandigangbayan then found them guilty of the complex crime of Malversation of Public Funds through Falsification of Public Documents

Issue: Is the petitioner liable for Malversation of Public Funds through Falsification of Public Documents.

Held: The Supreme Court said that Bahilidad was not proven to be in conspiracy of the accused Zoleda. They said that its necessary that “a conspirator should have performed some overt act as a direct or indirect contribution to the execution of the crime committed. The overt act may consist of active participation in the actual commission of the crime itself, or it may consist of moral assistance to his co-conspirators by being present at the commission of the crime or by exerting moral ascendancy over the other co-conspirators.” Since the herein petitioner is merely present, and was not proven that she conspired with the accused Zoleta, she cannot be held guilty for said crime. There was no criminal intent from the herein petitioner to hold him liable. All what the petitioner did was to act in good faith.