Felix Nizurtado vs SANDIGANBAYAN

G.R. No. 107383; December 7, 1994

(Mitigating Circumstance – Art. 13)

Facts: Felix Nizurtado (Nizurtado), Brgy. Captain of Brgy. Panghulo, received a check worth
Php 10,000.00 from the Ministry of Human Settlements for the barangay. However, before it can
be encashed, the barangay must submit a resolution approved by the Barangay Council
identifying a livelihood project for the barangay. Subsequently, several council meetings were
held but the council was not able to agree on a project. Later, Nizurtado asked the barangay
treasurer, and a councilman, to sign an unaccomplished resolution in mimeograph from stating
that the project would be barangay service center. Later, Nizurtado submitted the resolution to
the Ministry of Human Settlements which identified T-shirt manufacturing as the project.
However, it turned out that no meeting where T-shirt manufacturing was identified as the project
by the Barangay Council. In addition, the Php 10,000.00 which was received by Nizurtado was
not invested to the identified project but instead distributed as loans to Nizurtado and some other
councilmen. Nizurtado was charged with the crime of malversation thru falsification of public
document under Article 171, par. 2.

Issue: Is Felix Nizurtado guilty as charged?

Ruling: Yes, it is undisputed that the malversation was committed since the accused used the fund for
purposes other than to which it was allocated. This crime was indeed committed thru falsification. The
decision of SANDIGANBAYAN convicting Nizurtado for malverdsation of public funds through public
document is affirmed but the sentence is modified by imposing on Nizurtado a reduced intermediate
sentence because the Supreme Court was convinced that Nizurtado had no intention to commit so grave
a wrong.