This case has been cited 5 times or more.
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2013-07-03 |
VILLARAMA, JR., J. |
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| Malversation is committed either intentionally or by negligence. The dolo or the culpa present in the offense is only a modality in the perpetration of the felony. Even if the mode charged differs from the mode proved, the same offense of malversation is involved and conviction thereof is proper.[20] All that is necessary for conviction is sufficient proof that the accountable officer had received public funds, that he did not have them in his possession when demand therefor was made, and that he could not satisfactorily explain his failure to do so. Direct evidence of personal misappropriation by the accused is hardly necessary as long as the accused cannot explain satisfactorily the shortage in his accounts.[21] To our mind, the evidence in this case is thoroughly inconsistent with petitioner's claim of innocence. Thus, we sustain the Sandiganbayan's finding that petitioner's guilt has been proven beyond reasonable doubt. | |||||
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2011-10-19 |
VILLARAMA, JR., J. |
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| The fact that ARMM was still a recently established autonomous government unit at the time does not mitigate or exempt petitioners from criminal liability for any misuse or embezzlement of public funds allocated for their operations and projects. The Organic Act for ARMM (R.A. No. 6734) mandates that the financial accounts of the expenditures and revenues of the ARMM are subject to audit by the COA.[30] Presently, under the Amended Organic Act (R.A. No. 9054), the ARMM remained subject to national laws and policies relating to, among others, fiscal matters and general auditing.[31] Here, the prosecution successfully demonstrated that the illegal withdrawals were deliberately effected through the issuance of checks without the required disbursement vouchers and supporting documents. And even if petitioners Zacaria A. Candao and Abas A. Candao invoke lack of knowledge in the criminal design of their subordinate, Disbursing Officer Haron, they are still liable as co-principals in the crime of malversation assuming such misappropriation of public funds was not intentional, as alleged in the informations, but due to their negligence in the performance of their duties. As this Court ratiocinated in Cabello v. Sandiganbayan[32]: Besides, even on the putative assumption that the evidence against petitioner yielded a case of malversation by negligence but the information was for intentional malversation, under the circumstances of this case his conviction under the first mode of misappropriation would still be in order. Malversation is committed either intentionally or by negligence. The dolo or the culpa present in the offense is only a modality in the perpetration of the felony. Even if the mode charged differs from the mode proved, the same offense of malversation is involved and conviction thereof is proper. A possible exception would be when the mode of commission alleged in the particulars of the indictment is so far removed from the ultimate categorization of the crime that it may be said due process was denied by deluding the accused into an erroneous comprehension of the charge against him. That no such prejudice was occasioned on petitioner nor was he beleaguered in his defense is apparent from the records of this case.[33] (Emphasis supplied.) | |||||
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2011-08-31 |
PERALTA, J. |
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| x x x [E]ven on the putative assumption that the evidence against petitioner yielded a case of malversation by negligence, but the information was for intentional malversation, under the circumstances of this case, his conviction under the first mode of misappropriation would still be in order. Malversation is committed either intentionally or by negligence. The dolo or the culpa present in the offense is only a modality in the perpetration of the felony. Even if the mode charged differs from mode proved, the same offense of malversation is involved and conviction thereof is proper. x x x[25] | |||||
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2011-04-11 |
CARPIO MORALES, J. |
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| Nonetheless, in Cabello v. Sandiganbayan,[33] the Court ratiocinated that: On the other hand, petitioner contends that the bulk of said amount represented "vales" he granted to the postal employees and the minor portion consisted of unremitted, unreimbursed or uncollected amounts. His very own explanation, therefore, shows that the embezzlement, as claimed by the prosecution, or the expenditures, as posited by him, were not only unauthorized but intentionally and voluntarily made. Under no stretch of legal hermeneutics can it be contended that these funds were lost through abandonment or negligence without petitioner's knowledge as to put the loss within a merely culpable category. From the contention of either party, the misappropriation was intentional and not through negligence. | |||||
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2005-11-17 |
YNARES-SANTIAGO, J. |
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| Appellant's contention lacks merit. Malversation may be committed either through a positive act of misappropriation of public funds or property or passively through negligence by allowing another to commit such misappropriation.[9] To sustain a charge of malversation, there must either be criminal intent or criminal negligence[10] and while the prevailing facts of a case may not show that deceit attended the commission of the offense, it will not preclude the reception of evidence to prove the existence of negligence because both are equally punishable in Article 217 of the Revised Penal Code. | |||||