G.R. No. 253996 - PEOPLE OF THE PHILIPPINES, VS. FRANCISCA P. CALABIO, ALBERTO GUSI Y SOTEJO,* ROSALINA MARASIGAN Y AGUILA, AND HUBERT RELLORA Y SUELILA,** ACCUSED-.

Ruling

WHEREFORE , in light of all the foregoing, the Court hereby renders judgment as follows: 1. The Demurrer to Evidence, dated September 19, 2019, of accused MARITES BISO-FAJARDO is hereby DENIED for lack of merit. 2. (a) In SB-15-CRM-0133 , accused DELY MADRONA [ y ] DE LEON, FRANCISCA CALABIO [ y ] POL, ALBERTO GUSI [ y ] SOTELO, ROSALINA MARASIGAN [ y ] AGUILA, ZACARIAS PAELMAR [ y ] BALONDO, MARITES FAJARDO [ y ] BISO , and HUBERT RELLORA y SUELILA are found GUILTY beyond reasonable doubt of violation of Section 3(e) of [Republic Act No.] 3019, and pursuant to Section 9 thereof, are hereby sentenced to suffer the indeterminate penalty of imprisonment of six [] years and one [] month as minimum up to [10] years as maximum. (b) For failure of the prosecution to prove his guilt beyond reasonable doubt, accused JUNE GUNNACAO y CALIGUIRAN is hereby ACQUITTED of violation of Section 3(e) of [Republic Act No.] 3019. As the act or omission from which the civil liability did not exist, no civil liability is adjudged against accused Gunnacao. 3. (a) In SB-15-CRM-0134, accused DELY MADRONA [ y ] DE LEON, FRANCISCA CALABIO [ y ] POL, ALBERTO GUSI [ y ] SOTELO, ROSALINA MARASIGAN [ y ] AGUILA, ZACARIAS PAELMAR [ y ] BALONDO, MARITES FAJARDO [ y ] BISO , and HUBERT RELLORA [ y ] SUELILA are found GUILTY beyond reasonable doubt of violation of the crime of Malversation of Public Funds, defined and penalized under Article 217 of the Revised Penal Code, and are hereby sentenced to suffer the indeterminate penalty of (1) For accused MADRONA, CALABIO [,] and GUSI , from [10] years and one [] day of prision mayor , as minimum, to [16] years and five [] months of reclusion temporal , as maximum. (2) For accused MARASIGAN, PAELMAR, FAJARDO , and RELLORA , from two [] years, four [] months and one [] day of prision correccional , as minimum, to seven [] years and four [] months of prision mayor , as maximum. (3) The additional penalty of perpetual disqualification from holding any public office is also hereby imposed against all the accused. (4) The accused are also ordered to pay fines as follows: accused MADRONA, CALABIO[,] and GUSI , P[HP] 2,773,190.20; accused MARASIGAN , P[HP] 529,688.72; accused FAJARDO , P[HP] 757,278.21; accused PAELMAR , P[HP] 236,798.55; and accused RELLORA , P[HP] 510,018.87. (b) For failure of the prosecution to prove his guilt beyond reasonable doubt, accused JUNE GUNNACAO [ y ] CALIGUIRAN is hereby ACQUITTED of the crime of Malversation of Public Funds, defined and penalized under Article 217 of the Revised Penal Code. As the act or omission from which the civil liability did not exist, no civil liability is adjudged against accused Gunnacao. 4. The accused are hereby ordered to PAY and INDEMNIFY the Philippine Postal Corporation/Provident Fund Office as follows: (a) Accused MADRONA, CALABIO[,] and GUSI jointly and severally, the amount of P[HP] 739,405.85; (b) Accused MADRONA, CALABIO[,] and GUSI jointly and severally, the amount of P