G.R. No. 178626 - CECILIA U. LEGRAMA, VS. SANDIGANBAYAN AND PEOPLE OF THE PHILIPPINES.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly the dispositive portion of the Decision reads: WHEREFORE, premises considered, for failure of the prosecution to prove his guilt beyond reasonable doubt, accused ROMEO D. LONZANIDA, is hereby acquitted of the instant crime charged. The Hold Departure Order issued against him is hereby ordered lifted. The cash bond which he posted to obtain his provisional liberty is hereby ordered returned to him subject to the usual auditing and accounting procedures. Accused CECILIA U. LEGRAMA is hereby declared guilty beyond reasonable doubt of the crime of Malversation of Public Funds. The amount involved in the instant case is more than Php22,000.00. Hence, pursuant to the provisions of Article 217 of the Revised Penal Code, the penalty to be imposed is reclusion temporal in its maximum period to reclusion perpetua . Considering the absence of any aggravating circumstance and the presence of two mitigating circumstances, viz., accused Legramas voluntary surrender and partial restitution of the amount involved in the instant case, and being entitled to the provisions of the Indeterminate Sentence Law, she is hereby sentenced to suffer an indeterminate penalty of 4 years, 2 months and 1 day of prision correccional , as minimum, to 10 years and 1 day of prision mayor , as maximum. Further, she is ordered to pay the amount of Php299,204.65, representing the balance of her incurred shortage after deducting therein the restituted amount of Php832,390.40 and the Php200.00 covered by an Official Receipt dated August 18, 1996 issued in the name of the Municipality of San Antonio (Exhibit 22). She is also ordered to pay a fine equal to the amount malversed which is Php1,131,595.05 and likewise suffer the penalty of perpetual special disqualification and to pay costs. SO ORDERED.