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    Ysidoro vs. People - GR 192330 - Digested

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    Nikay Serdeña
    The Supreme Court of the Philippines ruled that good faith is not a valid defense for the crime of technical malversation. The case involved a municipal mayor, Ysidoro, who approved the distribution of goods from the municipality's Supplemental Feeding Program to beneficiaries of the Core Shelter Assistance Program during an emergency situation. While Ysidoro claimed he acted in good faith, the Court found his actions constituted technical malversation as he diverted public funds earmarked for one purpose to another purpose. Technical malversation is a mala prohibita crime that does not require criminal intent, only the commission of the prohibited act. Therefore, Ysidoro's good faith claim was irrelevant and the Court upheld the fine issued by the lower court

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    Ysidoro vs. People - GR 192330 - Digested

    Uploaded by

    Nikay Serdeña
    1K views2 pages
    The Supreme Court of the Philippines ruled that good faith is not a valid defense for the crime of technical malversation. The case involved a municipal mayor, Ysidoro, who approved the distribution of goods from the municipality's Supplemental Feeding Program to beneficiaries of the Core Shelter Assistance Program during an emergency situation. While Ysidoro claimed he acted in good faith, the Court found his actions constituted technical malversation as he diverted public funds earmarked for one purpose to another purpose. Technical malversation is a mala prohibita crime that does not require criminal intent, only the commission of the prohibited act. Therefore, Ysidoro's good faith claim was irrelevant and the Court upheld the fine issued by the lower court

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    6. Ysidoro vs. People - GR 192330 - Digested

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    The Supreme Court of the Philippines ruled that good faith is not a valid defense for the crime of technical malversation. The case involved a municipal mayor, Ysidoro, who approved the distribution of goods from the municipality's Supplemental Feeding Program to beneficiaries of the Core Shelter Assistance Program during an emergency situation. While Ysidoro claimed he acted in good faith, the Court found his actions constituted technical malversation as he diverted public funds earmarked for one purpose to another purpose. Technical malversation is a mala prohibita crime that does not require criminal intent, only the commission of the prohibited act. Therefore, Ysidoro's good faith claim was irrelevant and the Court upheld the fine issued by the lower court

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    1K views2 pages

    Ysidoro vs. People - GR 192330 - Digested

    Uploaded by

    Nikay Serdeña
    The Supreme Court of the Philippines ruled that good faith is not a valid defense for the crime of technical malversation. The case involved a municipal mayor, Ysidoro, who approved the distribution of goods from the municipality's Supplemental Feeding Program to beneficiaries of the Core Shelter Assistance Program during an emergency situation. While Ysidoro claimed he acted in good faith, the Court found his actions constituted technical malversation as he diverted public funds earmarked for one purpose to another purpose. Technical malversation is a mala prohibita crime that does not require criminal intent, only the commission of the prohibited act. Therefore, Ysidoro's good faith claim was irrelevant and the Court upheld the fine issued by the lower court

    Copyright:

    © All Rights Reserved
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    of 2

    JDR 503 – CRIMINAL LAW 1

    08 SEPTEMBER 2021

    YSIDORO vs. PEOPLE OF THE PHILIPPINES


    G.R. No. 192330, 14 November 2012

    FACTS:

    The Office of the Ombudsman for the Visayas accused Arnold James M. Ysidoro, the
    Municipal Mayor of Leyte, before the Sandiganbayan of violation of illegal use of public property
    (technical malversation) under Article 220 of the Revised Penal Code.

    The Municipal Social Welface and Development Office (MSWDO) of Leyte, operated a
    Core Shelter Assistance Program (CSAP) that provided construction materials to indigent
    calamity victims with which to rebuild their homes. The beneficiaries provided the labor needed
    for construction. However, the beneficiaries stopped reporting for work because they had to find
    food for their families. Lolita Garcia, the CSAP Officer-in-Charge, sought the help of Cristina
    Polinio, who was an officer of the MSWDO in charge of the Municipality’s Supplemental Feeding
    Program (SFP) that rationed food to malnourished children. Polinio told Garcia that the remaining
    sacks of rice and boxes of sardines could be given to the CSAP beneficiaries.

    Garcia and Polinio explained the situation to Mayor Ysidoro and sought for his approval.
    Ysidoro approved the release and signed the withdrawal slip for the goods. He then instructed
    Garcia to consult the accounting department regarding the matter. The supervising clerk of the
    Municipal Accountant’s Office signed the withdrawal slip based on her view that it was an
    emergency situation justifying the release of the goods. The goods were then delivered to the
    beneficiaries. Afterwards, Garcia reported the matter to the MSWDO and to the Auditor as per
    auditing rules.

    Alfredo Doller, former member of the Sangguniang Bayan of Leyte, filed the present
    complaint against Ysidoro. Doller’s wife, former MSWDO head, testified that the subject SFP
    goods were intended for the Leyte’s malnourished children. Thus, Ysidoro committed technical
    malversation when he approved the distribution of SFP goods to CSAP beneficiaries.

    In his defense, Ysidoro claimed that the diversion of the subjects goods to a project also
    meant for the poor was valid since they came from the savings of the SFP and the Calamity Fund.
    Ysidoro also claims good faith, believing that the municipality’s poor CSAP beneficiaries were
    also in urgent need of food. Furthermore, he pointed out that the COA Auditor found nothing
    irregular in its transactions.

    The Sandiganbayan found Ysidoro guilty beyond reasonable doubt of technical


    malversation. But, since his action caused no damage or embarrassment to public service, it only
    fined him 50% of the sum misapplied. Ysidoro filed for a motion for reconsideration but was
    denied, hence he appealed the Sandiganbayan Decision to this Court.

    ISSUE:

    Whether or not good faith is a valid defense for technical malversation.

    jmm
    JDR 503 – CRIMINAL LAW 1
    08 SEPTEMBER 2021

    RULING:

    Good faith is not a valid defense for technical malversation.

    Criminal intent is not an element of technical malversation. The law punishes the act of
    diverting public property earmarked by law or ordinance for a particular public purpose to another
    public purpose. The offense is mala prohibita, meaning that the prohibited act is not inherently
    immoral but becomes a criminal offense because positive law forbids its commission based on
    considerations of public policy, order, and convenience. It is the commission of an act as defined
    by the law, and not the character or effect thereof, that determines whether or not the provision
    has been violated. Hence, malice or criminal intent is completely irrelevant.

    Dura lex sed lex. Ysidoro’s act, no matter how noble or miniscule the amount diverted,
    constitutes the crime of technical malversation. The law and this Court, however, recognize that
    his offense is not grave, warranting a mere fine.

    The court affirmed in its entirety the assailed Decision of the Sandiganbayan.

    jmm

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