G.R. NOS. 154239-41 - FELIX L. SARIGUMBA, SHERLITA R. GALLEGO, AND EMMA C. DAGONDON, VS. THE SANDIGANBAYAN, FIRST DIVISION.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the Ombudsman filed an Information for malversation under Article 217 of the Revised Penal Code against petitioner Sarigumba with the Sandiganbayan. The accusatory portion of the Information docketed as Criminal Case No. 24505 reads: That sometime in November and December 1994 or sometime prior or subsequent thereto in the Municipality of Tudela, Province of Misamis Occidental, and within the jurisdiction of this Honorable Court, above-named accused FELIX L. SARIGUMBA, a high-ranking public officer, being then the Municipal Mayor of Tudela, while in the performance of his official functions, committing the offense in relation to his office, taking advantage of his official positions, did then and there, willfully, unlawfully and feloniously take, embezzle and appropriate unto himself and/or thru abandonment, or gross negligence allowed other parties to misappropriate, embezzle and/or use to some other purpose the total sum of P330,000.00 he had earlier obtained as cash advance from the Municipality intended for the Peace and Order Campaign of the different Barangays of the same municipality, thereby constituting him a special disbursing officer and for which he is accountable, to the damaged ( sic ) and prejudice of the government and of public interest. CONTRARY TO LAW. [6] Another Information for falsification of public document under Article 171 of the Revised Penal Code against petitioners Sarigumba and Gallego was filed with the Sandiganbayan. The accusatory portion of the Information, docketed as Criminal Case No. 24506 reads: That sometime in December 1994, or sometime prior or subsequent thereto in the Municipality of Tudela, Province of Misamis Occidental, and within the jurisdiction of this Honorable Court, above-named accused FELIX L. SARIGUMBA, a high-ranking public officer, being then the Municipal Mayor of Tudela, and SHERLITA R. GALLEGO, a low-ranking public officer, being then the Municipal Accountant, both accused, while in the performance of their official functions, committing the offense in relation to their office, taking advantage of their official positions, in order to cover up the misuse of public funds advanced by respondent FELIX L. SARIGUMBA intended for the Peace and Order Campaign of the 33 Barangays of the same Municipality, did then and there, willfully, unlawfully and feloniously falsify Liquidation Voucher No. 9412-488 amounting to P110,000.00 by making it appear it was for expenses during the peace and order meeting when, in truth and in fact, both accused knew well that there were no such peace and order meetings being held; furthermore, fabricated attendance sheets and list of signatures were used as supporting documents causing it to appear that persons attended such peace and order meetings when, [in] truth and in fact, they did not for there was no such meetings being held, to the damaged ( sic ) and prejudice of the government and of public interest. CONTRARY TO LAW. [7] A third Information wa