Notes - Crim2

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Malversation
Committed
·         By a person who has custody of public funds ·         Through a.) Dolo – Deliberate and malicious. b.) Negligence ·         Private person a.) Liable as a co-conspirator. b.) Has custody of public funds by reason of law/Has authority of public funds Subject of malversation:

·         ONLY: Public funds or property
·         Exceptions: a.) Private funds – If impressed with public character (ex.: Funds of red cross, Anti-TB funds --- People vs Velasquez)           Malversation                         vs                     Estafa -          Damage is not essential                        - Damage is essential -          Demand is not essential                      -Demand is essential (No demand, no estafa) o   If there is demand, but

Failed to return – Presumption of shortage -  If cannot explain Shortage, the presumption of misappropriation arises. (Rizon vs CA) ·         Effect of restitution – Mitigating circumstances, Still liable for malversation. ·         There is complex crime of malversation and falisification of documents. Technical Malversation/Illegal use of public funds

Malversation                         vs                    Technical Malversation -                          BOTH: Accused is an accountable public officer -          Purpose: Private use                                 - Purpose: For another/different public purpose  

·         There must be a law or ordinance appropriating public funds for a specific purpose. ·         Also known as juggling of funds.
·         Damage to public interest or to a third person is not necessary to the crime. ·         No damage = No imprisonment, only fine and disqualification. ·         There is damage = Imprisonment and disqualification. ·         How consummated? – Mere misappropriation of public funds for purpose different than that intended for it.  

RA 7659 – Anti-Plunder Law
·         Amended Art. 221 of RPC
·         Crime committed by public official that acquired ill-gotten wealth of at least Php 50M by illegal means by committing predicates such as malversation, estafa, and bribery (Combination or series of overt acts). --- There should be a pattern or combination of said crimes.  

*** Memorize meaning of Plunder and how it is committed ***
 
RA 6713 – Code of conduct and ethical standards for public officials ·         Required ALL public officials to pass/submit their SALN (Statement of Assets, Liabilities and Net worth) 30 days before assumption of office – Should be accessible to the public.             o   For an honorary official – Exempted --- RA 6713 exempts public officials who serves in honorary capacity in filing SALN (Appointed) – ex: Honorary Consul – They are not considered as a public officer  

RA 3019 – Anti-Graft and Corrupt Practices Act
·         Sec 7 – The moment you are appointed/elected, you should file your SALN before assumption of office. ·         Sec 3 (e, g) – RA 3019 is a crime mala-prohibita. §  There is no attempted nor frustrated stage

Ex: The use of the stationery of BIR for solicitation purposes                 Violation:
1.       Sec 7 of RA 6713 – Public officers should not solicit/accept money directly or indirectly in the course of official duty. 2.       PD 46 – Liability for accepting gift, money by reason of public office. 3.       Indirect bribery

Jurisdiction over those who committed plunder if public official is assigned outside the country – Still Philippines has a jurisdiction provided under the plunder law (Exception to the territoriality law)                 General rule: ALL criminal laws that should be tried in the Philippines are the ones committed within the Philippines.                                 Exceptions: 1.       If expressly provided by law (Like in plunder law) 2.       Crimes of treason, piracy

3.       Crimes involving money.
Infidelity of custody
                Evasion – Escape of a prisoner from jail....
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