G.R. No. 184908 Cantos v.

People July 3, 2013

Major Joel G. Cantos, People of the Philippines,

petitioner respondent
Villarama, Jr., J.

FACTS:
Major Joel G. Cantos is a Commanding Officer of the 22nd Finance Service Center in the Presidential
Security Group, Malacanang Park in Manila. On December 21, 2000, he took and misappropriated the
amount of P3, 270,000.00 from public funds, by reason of his position in the Office and for his personal
interest.
Meanwhile, Major Eligio T. Balao, a Disbursing Officer at the 22nd FSU who acted as a witness, revealed
that Major Cantos called him at around 12 noon to his office and notified him about the missing Special
Duty Allowance for December and other Maintenance Operating Expenses under his supervision all
amounting to P3 Million pesos. Balao was taken aback by what he had just found out about the said money.
When he asked Major Cantos where he kept it and asked why he did not keep the money in a safety vault,
there was no response from Cantos. Balao further narrated that he was instructed by Major Cantos to get
a screw driver to unscrew the safety vault and make it appear that the money was stolen from the vault.
Instructions on getting the combination number of the vault from a certain Major Mendoza in Taguig were
also given to Balao but he was not able to find Mendoza. When Balao went back to the office, Col. Espinelli
tried to make him disclose that he took the money.
On the part of Major Cantos, he mentioned that he was informed by Major Mendoza that the safety vault
where he wished to keep the money was defective and so he kept the money in a duffel bag in a steel
cabinet. At that time, he had the keys to the steel cabinet. The next day, he narrated that the duffel bag with
the money was gone. At first, they wanted to make it appear that the money was stolen by unscrewing the
vault. But, Cantos later informed Gen. Diaz about the lost money and was advised to relay the incident to
Col. Espinelli to which Espinelli made an investigation.
In the case at bar, it showed that all the elements of the crime of malversation of public funds were found.
He was public officer and had complete supervision and control of the funds and he failed to explain
adequately what had happened to the funds.

ISSUE:
Whether or not Sandiganbayan made a mistake in finding the petitioner guilty beyond reasonable doubt of the
crime of malversation of public funds. NO

HELD:
Petitioner Cantos failed to explain satisfactorily the missing money amounting to P3 Million and restitute
the amount upon demand. The reasons he gave the funds being stolen and forcibly taken -- were not
well-supported by evidence. There was no trace of the steel cabinet where he placed the money being
opened by force and it was only Cantos who had the keys to the said steel cabinet.
His explanation was insufficient and did not overcome the presumption that he had put the missing funds
to personal use. Even if no direct evidence of misappropriation exists, it was mentioned that the only
required element is that there is shortage in the officers account which has not been able to be explained
adequately.
The petition was DENIED. The Decision of the Sandiganbayan in convicting Major Joel G. Cantos of the
crime of Malversation of Public Funds was AFFIRMED and UPHELD. There were costs against the
petitioner.