48. Chan Vs. Sandigangbayan.docx

Valenton, Francis Angelo T.

Criminal Law 2

1S Chan vs. Sandigangbayan (G.R. No. 149613)

Facts: The petitioner is Pamela Chan. The respondent is the Sandigangbayan. In the case at bar, the petitioner was hired as Accounting Clerk II and was assigned in the Regional Office of the National Bureau of Investigation (NBI) in Cebu City. The herein petitioner wen on leave from December 7 to 27, 1995. On December 27, 1995, a certain Josephine Daclan, the auditor from the COA assigned to the NBI, conducted a routine audit examination of the accountability of the herein petitioner. It was found out that there is a shortage of P290,228.00 in the petitioner’s cash accountability. Hence, the auditor issued a demand letter to the petitioner to restitute the missing funds and explain the shortage. Later on, it was found out the cumulative shortage rose to P333,360.00. Since there was no explanation as to the shortage, she was indicted and found guilty of the crime of malversation of public funds.

Issue: Is the petitioner guilty of malversation of public funds.

Held: The Supreme Court said that the petitioner was not able to rebut the evidence of the missing funds based upon the audit examination made by the COA. Although it was proven that the auditor committed an error, but such error is not sufficient to hold the petitioner acquitted of the crime, since the evidence would still show that there are missing funds that the petitioner was not able to explain. Being unable to explain, such missing funds is considered as prima facie evidence for the commission of the crime of malversation of public funds.