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    People Vs Rodis

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    Joy Navales

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    © All Rights Reserved
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    People Vs Rodis

    Uploaded by

    Joy Navales
    259 views2 pages

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    people vs rodis

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    259 views2 pages

    People Vs Rodis

    Uploaded by

    Joy Navales

    Copyright:

    © All Rights Reserved
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    of 2

    [Nos. L-11670 and L-11708.

     April 3O, 1959]


    THE PEOPLE OF THE PHILIPPINES, plaintiff and appellant, vs. ARSENIO RODIS, ET AL.,
    defendants. LEONARDO JAVIER, ADELINO SANCHEZ, ELADIO RECAIDO, JOSE C.
    CABALLERO, HILARIO SANGALANG, and JAIME CUNANAN, defendants and appellees.
    Appeal from orders of the Court of First Instance of Manila to drop the defendants-appellees
    from the informations for malversation of public funds. The defendants Leonardo Javier,
    Adelino Sanchez, Eladio Recaido, Jose C. Caballero, Hilario Sangalang and Jaime Cunanan
    —all of them audit clerk of the Bureau of Public Works, are separately charged with
    malversation of public funds, each of them jointly with Arsenio Rodis (paymaster of the said
    bureau), Alfonso San Juan (a helper therein), and one John Doe. The informations in
    1295
    all the cases are identically worded, except as to dates, amounts and persons involved. The
    participation imputed to to each of the defendants-appellees is of having verified the correctness
    of the figures and total sums in a laborers' payroll in a careless, reckless and imprudent manner,
    causing as a consequence thereof, the Bureau Auditor to his signature on said payroll and the
    said Arsenio Rodis to be able to pay the padded total amount in said payroll to said Alfonso San
    Juan and the latter and his confederate John Doe to be able to misappropriate and convert to their
    own personal use and benefit the excess of said padded amount, to the damage and prejudice of
    the Government. Contending that the acts imputed to them did not constitute a crime, the
    defendant audit clerks, before trial, moved to have the informations quashed as to them. The
    lower court sustained the motion and ordered them dropped from the informations. Hence, this
    appeal. The only question to be decided is whether the defendant audit clerks can be held
    criminally liable under the informations and should not, therefore, be dropped
    therefrom Held: The answer is in the affirmative. The view of the lower court that the audit
    clerks cannot be held guilty of malversation of public funds just because they are not public
    officers accountable for public funds or property and are not alleged to have conspired with those
    who were in that position, is untenable. It is settled that the crime may also be committed by one
    who is not in that position but who aids, induces, or conspires with another who is, or cooperates
    with him in its commission by acts without which it could not have been accomplished. In the
    present cases, the defendant audit clerks are charged with reckless negligence in not verifying the
    correctness of the payrolls, thereby cooperating with their said negligence in the f alsification of
    said public documents and the misappropriation of public funds that was made possible thereby.
    Conformably to the ruling in Samson vs. Court of Appeals et al., 103 Phil., 277, they could
    undoubtedly be held liable as the crime of malversation of public funds thru falsification
    principals of the crime of malversation of public funds thru falsification of a public document by
    reckless negligence, for while they are not public officers entrusted with government funds like
    their co-accused Arsenio Rodis, it is obvious from the allegations of the information—which
    must be deemed admitted on a motion to quash—that they cooperated in the commission of that
    crime by acts—the initialling of the payrolls without verification—without which the crime
    could not have been perpetrated. And even supposing that they cannot be held guilty of this
    crime, they may nevertheless be convicted of estafa through falsification of a public document
    1296
    by reckless negligence since there are sufficient allegations in the informations to make them
    answerable for that crime.

    Orders set aside. Reyes, A., J., ponente.


    ————————————

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