G.R. Nos. 112761-65 -

Ruling

WHEREFORE, in accordance with the provisions of Article(s) 217, 171, in relation to Article 48 of the Revised Penal Code, the Court finds accused guilty on all the five (5) counts he is charged (with) and is hereby sentenced, to wit: 1. As to Criminal Case No. 277, since the amount misappropriated is P23,643.73, accused should be penalized according to the penalty provided in Paragraph No. 4 of Article 217 of the Revised Penal Code which is reclusion temporal maximum to reclusion perpetua. Since according to Article 48 of the Revised Penal Code, the penalty for the most serious crime shall be applied in its maximum period, accused is meted out a penalty of reclusion perpetua. 2. As to Criminal Case No. 278, considering that the amount misappropriated was P11.07, according to Article 48 of the Revised Penal Code, the penalty for the most serious crime shall be imposed in its maximum period, thus, accused should be meted out the penalty prescribed in Article 171 and in applying the provisions of the indeterminate sentence law, accused should be meted the indeterminate prison terms of six (6) years prision correccional to twelve (12) years prision mayor. 3. As to Criminal Case No. 274, since the amount malversed was P7,283.79, accused should be penalized according to Paragraph No. 3 of Article 217 of the Revised Penal Code and should be meted out an indeterminate penalty of ten (10) years and one (1) day of prision mayor to fourteen (14) years and eight (8) months of reclusion temporal. 4. As to Criminal Case No. 275, considering that the amount misappropriated is P30,052.20, the penalty imposed should be akin to the penalty prescribed in Criminal Case No. 277 mentioned in Paragraph 1 hereof, which is reclusion perpetua; and 5. As to Criminal Case No. 276, considering that the amount subject of malversation is P37,558.30, then the necessary penalty of reclusion perpetua should also be meted out against accused. Finally, accused is also hereby ordered to pay the government the total sum of P98,549.99, which is the aggregate government funds actually misappropriated, for restitution in accordance with Article 104 of the Revised Penal Code. SO ORDERED.