Icdang vs Sandiganbayan [G.R. No. 185960] Case Digest

 

Icdang vs Sandiganbayan

G.R. No. 185960

 

Facts

Petitioner Marino B. Icdang was the Regional Director of the Office for Southern Cultural Communities (OSCC) Region XII in Cotabato City.

Special Audit team of COA initiated an administrative and criminal charges against Petitioner for the failure of the latter to liquidate the missing funds of OSCC. The petitioner was charged with Malversation of Public Funds and violation of Section 3 (e) of R.A. 3019.

On cross-examination, witness Mudag admitted that while they secured written and signed certifications from project officers and other individuals during the field interviews, these were not made under oath. He also admitted that they no longer visited the project sites after being told by the project officers that there was nothing to be inspected because no project was implemented.

SB rendered its decision convicting petitioner of malversation and acquitting him from violation of Section 3(e) of R.A. No. 3019. Petitioner filed a motion for reconsideration requesting that he be given another chance to present his evidence, stating that his inability to attend the trial were due to financial constraints such that even when some of the scheduled hearings were sometimes held in Davao City and Cebu City, he still failed to attend the same. However, the SB denied the motion noting that the decision has become final and executory on June 10, 2008 for failure of petitioner to file a motion for reconsideration, or new trial, or appeal before that date.

 

Issue:

Whether or not Sandiganbayan committed grave abuse of discretion tantamount to lack or excess of jurisdiction when it rendered its judgment of conviction against petitioner.

 

Held:

No.

 

Ratio:

As observed by the SB, the 15-day period of appeal, counted from the date of the promulgation of its decision on May 26, 2008, lapsed on June 10, 2008, which rendered the same final and executory. Petitioner’s motion for reconsideration was thus filed 6 days late. Petitioner’s resort to the present special civil action after failing to appeal within the fifteen-day reglementary period, cannot be done. The special civil action of certiorari cannot be used as a substitute for an appeal which the petitioner already lost.