Crim Digest Cases
CASE # 78
Fidel Salamera v. Sandiganbayan
G.R no 121099 February 17, 1999
Pardo, J.:
Facts; The Sandiganbayan convicted Mayor Fidel Salamera of Casiguran Aurora for the crime of Malversation of Public Property. This was about the Smith & Wesson revolver gun that was mortgaged to him by barangay chairman Antonio Benavidez. The said gun was owned and licensed to Ponciano Benavidez. When the owner demanded the return of his gun the latter cannot produce the item because it was conficted by the police during the checkpoint when Mayor Salamera and his security went to manila. Ponciano Benavidez filed a complaint for theft against the mayor before the sandiganbayan.
Issue;
Whether the gun which is owned by a private person converted into a public property when it was entrusted to a public officer.
Held;
The supreme court reversed the decision of sandiganbayan By turning over the gun to Mayor Salamera, the gun did not become public property because it was not intended for public use or purpose nor was it lawfully sized. The gun continued to be private property, that is why the gun owner rightfully asked for its return to him, not to be turned over to the public coffer or treasury. Petitioner's failure to return the gun after demand by the private owner did not constitute a prima facie evidence of malversation. The property was private and the one who demanded its return was a private person, not a person in authority. The presumption of conversion will not apply.
CASE # 79
Luis A. Tabuena v Sandiganbayan
G.R no 103501-03 February 17, 1997
Francisco,J.;
Facts;
President Marcos instructed Luis Tabuena, the General Manager of MIAA, to pay directly to the President’s office and in cash what the MIAA owes the Philippine National Construction Corporation (PNCC) A presidential memorandum was served to Tabuena reiterating such verbal order. Tabuena with the help of Dabao and Peralta caused the release of P 55 Million of MIAA thru three withdrawals (25,25,5) upon
Fidel Salamera v. Sandiganbayan
G.R no 121099 February 17, 1999
Pardo, J.:
Facts; The Sandiganbayan convicted Mayor Fidel Salamera of Casiguran Aurora for the crime of Malversation of Public Property. This was about the Smith & Wesson revolver gun that was mortgaged to him by barangay chairman Antonio Benavidez. The said gun was owned and licensed to Ponciano Benavidez. When the owner demanded the return of his gun the latter cannot produce the item because it was conficted by the police during the checkpoint when Mayor Salamera and his security went to manila. Ponciano Benavidez filed a complaint for theft against the mayor before the sandiganbayan.
Issue;
Whether the gun which is owned by a private person converted into a public property when it was entrusted to a public officer.
Held;
The supreme court reversed the decision of sandiganbayan By turning over the gun to Mayor Salamera, the gun did not become public property because it was not intended for public use or purpose nor was it lawfully sized. The gun continued to be private property, that is why the gun owner rightfully asked for its return to him, not to be turned over to the public coffer or treasury. Petitioner's failure to return the gun after demand by the private owner did not constitute a prima facie evidence of malversation. The property was private and the one who demanded its return was a private person, not a person in authority. The presumption of conversion will not apply.
CASE # 79
Luis A. Tabuena v Sandiganbayan
G.R no 103501-03 February 17, 1997
Francisco,J.;
Facts;
President Marcos instructed Luis Tabuena, the General Manager of MIAA, to pay directly to the President’s office and in cash what the MIAA owes the Philippine National Construction Corporation (PNCC) A presidential memorandum was served to Tabuena reiterating such verbal order. Tabuena with the help of Dabao and Peralta caused the release of P 55 Million of MIAA thru three withdrawals (25,25,5) upon