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VII.

MALVERSATION

Carmen Labatagos v Hon Sandiganbayan and People of the Philippines


GR No. 71581, 21 March 1990

Nature: Petition for certiorari to review the decision of the Sandiganbayan


Ponente: Padilla, J.
Facts:
A petition for review on certiorari of the decision of the Sandiganbayan in
finding the petitioner guilty beyond reasonable doubt as principal of the crime of
malversation of public funds defined and penalized under Art 217, par 4 of the
Revised Penal Code.
Accused is the cashier and collecting officer of Mindanao State University,
General Santos City. Under audit, accused failed to explain the shortages of the
amount she had remitted to the Development Bank of the Philippines.

Issues:
Whether or not the guilty of the petitioner has been proved beyond
reasonable doubt.

Held:
Yes

Ruling:
Malversation consists not only in misappropriation or converting public
funds or property to one’s personal used but also by knowingly allowing others
to make use of or misappropriate them.
The accused’s defense claiming that she signed the audit report and
statement of collections and deposits prepared by the audit team on the
understanding that her shortage was only P2,000 is belied by the figures clearly
reflected on the documents.
The prosecution’s rebuttal witness confirmed that she assisted the
accused in the collection of fees, that the accused filed application for maternity
leave. The witness explained that she turned over all her collections to accused
during all times she was assisting her in the collection.
Petition is denied.