G.R. No. 260030 - PEOPLE OF THE PHILIPPINES, VS. ALBERTO VICTORIA REYES, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, and considering the provisions of the Indeterminate Sentence Law (ISL), Reyes should be sentenced to suffer the penalties of imprisonment for an indeterminate period of six years and one day, as minimum, to eight years, as maximum, and perpetual disqualification from public office. Furthermore, Reyes is ordered to indemnify the Government of the Philippines the amount of PHP 2,006,218.00 representing the undue injury that the latter suffered, with legal interest at the rate of 6% per annum from finality of the ruling until full payment. Anent Criminal Case Nos. SB-17-CRM-1715 to 1721 , Article 48 of the RPC instructs that in convictions for complex crimes, the penalty for the most serious crime shall be imposed in its maximum period. Thus, there is a need to determine which between malversation of public funds and falsification of public documents is the more serious crime, taking into consideration their respective prescribed penalties. As regards malversation of public funds, Article 217 of the RPC, as amended by Republic Act No. 10951 provides for different prescribed penalties, depending on the amount misappropriated. In this case, the subject checks all fall within the range from PHP 40,000.00 to PHP 1,200,000.00. In this regard, the relevant portions of the said provision reads: ART. 217. Malversation of public funds or property. Presumption of malversation . Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer: . . . . 2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than Forty thousand pesos (P40,000) but does not exceed One million two hundred thousand pesos (P1,200,000). . . . . In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled. As may be gleaned above, if the misappropriated amount ranges from PHP 40,000.00 to PHP 1,200,000.00, the prescribed penalty is prision mayor in its minimum and medium periodsor imprisonment from six years and one day to 10 yearsplus a fine equal to such misappropriated amount. On the other hand, under Article 171 of the RPC, as amended by Republic Act No. 10951, the prescribed penalty for falsification of public documents is prision mayor or imprisonment from six years and one day to 12 yearsplus a fine not to exceed PHP 1,000,000.00. Given the foregoing, it appears that the penalty for falsification of public documents is the more serious offense; and hence, this is the imposable penalty in its maximum insofar as