In Hermoso Arriola and Melchor Radan v. Sandiganbayan, the Supreme Court addressed the accountability of public officers for confiscated items under their custody. The Court ruled that a Barangay Captain who willingly takes custody of confiscated lumber becomes an accountable officer, responsible for its safekeeping, even if such responsibility is not explicitly part of their usual duties. This decision underscores the importance of due diligence and the legal consequences of negligence in handling public property entrusted to public officials.

When a Barangay Captain Becomes a Lumber Custodian: Duty and Negligence

The case revolves around Hermoso Arriola, a Barangay Captain, and Melchor Radan, a Barangay Chief Tanod, who were charged with malversation of public property through negligence. In May 1996, DENR Forest Rangers confiscated illegally sawn lumber and entrusted it to Arriola’s custody. When the lumber went missing, both Arriola and Radan were charged. The Regional Trial Court convicted Arriola as the principal and Radan as an accessory. The Court of Appeals referred the case to the Sandiganbayan, which dismissed the appeal due to procedural lapses. The Supreme Court then had to determine whether Arriola was indeed an accountable officer and whether the Sandiganbayan erred in dismissing the appeal.

Initially, the Sandiganbayan dismissed the appeal based on Section 2, Rule 50 of the Rules of Court, citing Moll v. Buban. This rule stipulates that an appeal erroneously taken to the Court of Appeals should be dismissed outright rather than transferred to the appropriate court if the designation of the correct appellate court is not made within the 15-day appeal period. However, the Supreme Court recognized that procedural rules should not override substantial justice. While the Sandiganbayan’s dismissal was technically correct, the Supreme Court chose to address the merits of the case to ensure justice prevailed.

The central legal question was whether Arriola was an **accountable officer** under Article 217 of the Revised Penal Code. The elements of malversation are: the offender is a public officer, they have custody or control of funds or property by reason of their office, the funds or property are public, and the officer misappropriated or through negligence permitted the taking of such property. An accountable officer is defined under Sec. 101 (1) of the Government Auditing Code of the Philippines (PD No. 1455) as every officer whose duties permit or require the possession or custody of government funds or property. The determining factor is the nature of the duties performed, not the position held.

The DENR Primer on Illegal Logging states that when DENR officers make an apprehension, the confiscated products can be deposited with the nearest local public official, such as a Barangay Captain. In United States v. Lafuente, a Municipal Secretary was held accountable for funds deposited with him under authority of law, even though receiving funds was not part of his usual duties. Similarly, Arriola, by signing the seizure receipt, undertook to safeguard the lumber on behalf of the government. The receipt explicitly stated his obligation to protect the seized articles.

“In cases where the apprehension is made by the field DENR officer, the forest products and the conveyance used shall be deposited to the nearest CENRO/PENRO/RED office, as the case may be, for safekeeping, wherever it is most convenient. If the transfer of the seized forest products to the above places is not immediately feasible, the same shall be placed under the custody of any licensed sawmill operator or the nearest local public official such as the Barangay Captain, Municipal/City Mayor, Provincial Governor or the PC/INP; at the discretion of the confiscating officer taking into account the safety of the confiscated forest products x x x.  In any case, the custody of the forest products shall be duly acknowledged and receipted by the official taking custody thereof.”

Even prior to the seizure receipt, Arriola had initially apprehended the lumber himself, making him accountable from the outset. The lumber’s presence at a cockpit where Arriola was a stockholder, along with his admission of knowing about the missing lumber before informing DENR officers, further implicated him. His attempt to pass off replacement lumber of inferior quality also weakened his defense. Therefore, the Court found that Arriola was indeed liable for malversation through negligence.

However, the Court found insufficient evidence to hold Radan liable as an accessory. The prosecution failed to provide clear evidence of Radan’s complicity. His mere presence during the turnover and the lumber being placed behind his father’s house were not enough to establish his guilt beyond reasonable doubt. The assertion that he transported the lumber to the cockpit was speculative, and in criminal cases, speculation cannot substitute for proof.

Regarding the penalty for Arriola, the Revised Penal Code sets the penalty for malversation at reclusion temporal in its medium and maximum periods for amounts between P12,000 and P22,000. The Indeterminate Sentence Law was applied, and the trial court’s imposed sentence of 14 years and 8 months to 18 years, 2 months, and 20 days was deemed appropriate. Additionally, Arriola was subject to perpetual special disqualification and a fine of P17,611.20, the amount of the malversed property.

In sum, the Supreme Court affirmed Arriola’s conviction, finding him accountable for the loss of the confiscated lumber due to his negligence. The imposition of consequential damages was deleted for lack of legal basis, and Radan was acquitted due to insufficient evidence. This case clarifies the extent of accountability for public officers who take custody of confiscated items, emphasizing the duty to safeguard public property.

FAQs

What was the key issue in this case?	The key issue was whether a Barangay Captain who takes custody of confiscated lumber becomes an accountable officer responsible for its safekeeping, and whether negligence in this duty constitutes malversation.
What is an accountable officer?	An accountable officer is a public officer who, by reason of their office, is accountable for public funds or property. This includes those whose duties permit or require the possession or custody of government funds or property.
What are the elements of malversation?	The elements of malversation are: (1) the offender is a public officer; (2) they have custody of public funds or property; (3) the funds or property are public; and (4) the officer misappropriated or through negligence allowed the taking of such property.
Why was Arriola considered an accountable officer?	Arriola was considered an accountable officer because he signed a seizure receipt acknowledging his responsibility to safeguard the confiscated lumber. Furthermore, he had initially apprehended the lumber, placing it under his custody on behalf of the government.
Why was Radan acquitted?	Radan was acquitted because the prosecution did not provide clear and convincing evidence of his involvement in the crime. Speculations and assumptions were not sufficient to prove his guilt beyond reasonable doubt.
What penalty did Arriola receive?	Arriola was sentenced to imprisonment ranging from 14 years and 8 months to 18 years, 2 months, and 20 days. He was also subject to perpetual special disqualification and a fine of P17,611.20.
What is the significance of the DENR Primer on Illegal Logging?	The DENR Primer on Illegal Logging allows DENR officers to deposit confiscated items with local public officials like Barangay Captains, thereby authorizing them to take custody of such items.
What is the role of the seizure receipt in this case?	The seizure receipt served as evidence that Arriola willingly accepted the responsibility of safeguarding the confiscated lumber. It outlined his obligations as a custodian, making him accountable for its loss.

This case underscores the responsibilities of public officers in safeguarding public property and the legal consequences of failing to do so. It serves as a reminder that even when duties are not explicitly defined, assuming responsibility for public assets carries legal obligations.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: Hermoso Arriola and Melchor Radan, vs. Sandiganbayan, G.R. NO. 165711, June 30, 2006