Wednesday, February 08, 2012

People vs. Tabanao

Facts: Appellant was a clerk-book-keeper working in the office of the Municipal Treasurer of Moalboal, Cebu. He was charged of malversation of public funds amounting to Php 2,376.43. The accused pleaded guilty to the charge and was convicted to an indeterminate penalty of 3 years of prision correccional as maximum, to 7 years of prision mayor as maximum and to pay the costs. No indemnity was charged because the money was reimbursed. The fiscal then recommended that the mitigating circumstance of extreme poverty be considered. Appellant contends that he used the money to pay for the medication of his son’s illness which he acquired after the liberation due to the war.

Issue: Whether or not extreme poverty may be considered as a mitigating circumstance in this case

Held: The court ruled in the negative. The court stated that poverty is worse than being poor. Appellant being a clerk of the municipal treasurer receives salary and therefore cannot be considered one in extreme poverty. He may be poor but he is not within the purview of poverty. Also it has been shown that the only 50 pesos from the amount taken was actually used for the son. Lastly, said poverty was not admitted by the prosecution nor the judge. The Court thus cannot take into consideration extreme poverty as a mitigating circumstance. Judgment affirmed.

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

0 comments: on "People vs. Tabanao"

Post a Comment