Sunday, October 16, 2011

Jose Tubola Jr. v. Sandiganbayan and People of the Philippines, G.R. No. 154042, April 11, 2011.

Malversation; presumption of malversation. (J. Abad)

Article 217 of the Revised Penal Code provides that the failure of a public officer to have duly forthcoming any public fund or property with which he is chargeable upon demand by any duly authorized officer shall be prima facie evidence that he has put such missing funds or property to personal uses. Petitioner failed to rebut the legal presumption that he had misappropriated the fees to his personal use, his disclaimer being self-serving. Why Valeria, whom petitioner had pointed to as having full responsibility for the collections, including their deposit to the bank, covered by the audit period, was never presented to corroborate his claim dents his defense, as does his failure to present the Regional Director or a certification from him for the same purpose.

Digg Google Bookmarks reddit Mixx StumbleUpon Technorati Yahoo! Buzz DesignFloat Delicious BlinkList Furl

0 comments: on "Jose Tubola Jr. v. Sandiganbayan and People of the Philippines, G.R. No. 154042, April 11, 2011."

Post a Comment