The Sandiganbayan has affirmed the conviction for malversation involving P1.2 million of a former collection officer of the National Bureau of Investigation in its Cagayan Valley Regional Office (NBI-CAVRO).
Affirmed was the Aug. 23, 2019 decision of the Tuguegaro City regional trial court (RTC) which sentenced Grace A. Cayubit to a prison term ranging from eight years and one day to 12 years and four months.
But the Sandiganbayan reversed the RTC and acquitted Cayubit of graft involving the same shortage of P1.2 million in her total collection of P3.9 million from June 26, 2007 to June 23, 2008.
On malversation, the anti-graft court directed Cayubit to pay the NBI P1.2 million with interest at six per cent annually from the finality of the decision.
On malversation, the Sandiganbayan said: “To reiterate, in this crime, all that is essential for conviction is proof that the accountable officer has received public funds but that, when demand therefor is made, he or she is unable to satisfactorily account for the same. This means that the public official is presumed to have put the missing funds to his or her personal use.”
The decision was written by Associate Justice Efren N. De La Cruz and was concurred in by Associate Justices Geraldine Faith A. Econg and Edgardo M. Caldona.