· 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....