Abdulla Vs People
Abdulla Vs People
Abdulla Vs People
PEOPLE
G.R. No.150129 APRIL 6,2005
FACTS:
Petitioners were working for the Sulu State College and were tasked and
accountable for the public funds under their administration. They conspired and
confederated with Mahmud Darkis to apply for the payment of wages of casuals to
the tune of 40 000 pesos which was intended for the salary differentials of the
secondary school teachers of the school. Both Darkis and Aguil were acquitted, but
Abdulla was charged with technical malversation.
ISSUE:
Whether or not the petitioner is guilty of the crime of illegal use of public
funds
HELD:
No, Criminal intent is absent.
Article 220 of the RPC provides for the elements:
1.The offender is a public officer.
2.That there is a public fund under his administration.
3.That such public fund or property has been appropriated by law nor
ordinance
4.That he applies the same to a public use other than that for which
such
Fund or property has been approriated by law or ordinance.
*Elements 2 and 3 are absent
The fund is from the lump sum appropriation of RA 6688