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FIDEL T. SALAMERA v. SANDIGANBAYAN

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AM No. P-02-1534
2003-03-26
JUDGE OSCAR S. AQUINO v. RICARDO C. OLIVARES
SANDOVAL-GUTIERREZ, J.
The charge of malversation through falsification of public document has no basis. One essential element of the crime of malversation is that a public officer must take public funds, money or property, and misappropriate it for his own private use or benefit.[4] In this case, there is no proof that respondent appropriated the amount.