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    Torres Remuel O - Digest Ysidoro V People

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    Remuel Torres
    1) Petitioner Arnold James M. Ysidoro, the Municipal Mayor of Leyte, was accused of technical malversation for approving the release of rice and canned goods from the Municipal Social Welfare and Development Office's (MSWDO) Supplemental Feeding Program (SFP) to beneficiaries of the Core Shelter Assistance Program (CSAP). 2) The Sandiganbayan found Ysidoro guilty, as the SFP goods were appropriated by law specifically for malnourished children while the CSAP was for construction materials, and diverting public property to a different purpose than intended constitutes technical malversation. 3) The Supreme Court affirmed this decision, as Ysidoro's act met the

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    Torres Remuel O - Digest Ysidoro V People

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    Remuel Torres
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    1) Petitioner Arnold James M. Ysidoro, the Municipal Mayor of Leyte, was accused of technical malversation for approving the release of rice and canned goods from the Municipal Social Welfare and Development Office's (MSWDO) Supplemental Feeding Program (SFP) to beneficiaries of the Core Shelter Assistance Program (CSAP). 2) The Sandiganbayan found Ysidoro guilty, as the SFP goods were appropriated by law specifically for malnourished children while the CSAP was for construction materials, and diverting public property to a different purpose than intended constitutes technical malversation. 3) The Supreme Court affirmed this decision, as Ysidoro's act met the

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    Case Digest for Ysidoro v People

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    Torres Remuel O_ Digest Ysidoro v People

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    1) Petitioner Arnold James M. Ysidoro, the Municipal Mayor of Leyte, was accused of technical malversation for approving the release of rice and canned goods from the Municipal Social Welfare and Development Office's (MSWDO) Supplemental Feeding Program (SFP) to beneficiaries of the Core Shelter Assistance Program (CSAP). 2) The Sandiganbayan found Ysidoro guilty, as the SFP goods were appropriated by law specifically for malnourished children while the CSAP was for construction materials, and diverting public property to a different purpose than intended constitutes technical malversation. 3) The Supreme Court affirmed this decision, as Ysidoro's act met the

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    © All Rights Reserved
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    34 views2 pages

    Torres Remuel O - Digest Ysidoro V People

    Uploaded by

    Remuel Torres
    1) Petitioner Arnold James M. Ysidoro, the Municipal Mayor of Leyte, was accused of technical malversation for approving the release of rice and canned goods from the Municipal Social Welfare and Development Office's (MSWDO) Supplemental Feeding Program (SFP) to beneficiaries of the Core Shelter Assistance Program (CSAP). 2) The Sandiganbayan found Ysidoro guilty, as the SFP goods were appropriated by law specifically for malnourished children while the CSAP was for construction materials, and diverting public property to a different purpose than intended constitutes technical malversation. 3) The Supreme Court affirmed this decision, as Ysidoro's act met the

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    TORRES, REMUEL O.

    CRIMLAW2
    JD1B CASE DIGESTS

    Ysidiro vs People,
    GR No. 192330 (11/14/2012)
    Justice Abad

    FACTS
    This case is an appeal to the Decision of Sandiganbayan in finding the petitioner liable for
    technical malversation.
    The Office of the Ombudsman for the Visayas accused Arnold James M. Ysidoro in
    violation of illegal use of public property (technical malversation) under Article 220 of the Revised
    Penal Code.
    The Municipal Social Welfare and Development Office (MSWDO) of Leyte, operated a
    Core Shelter Assistance Program (CSAP) that provided construction materials to indigent
    calamity victims to rebuild their homes.
    In 2001, when construction for calamity victims in Barangay Tinugtogan, was 70% done,
    beneficiaries stopped reporting for work to find food for their families. The CSAP Officer-in-Charge
    sought the help of Cristina Polinio (Polinio), an officer of the MSWDO in charge of the
    municipality's Supplemental Feeding Program (SFP) that rationed food to malnourished children.
    Polinio stated that the SFP still had sacks of rice and boxes of sardines in its storeroom, and that
    what remained could be given to the CSAP beneficiaries.
    The two went to petitioner Arnold James M. Ysidoro, the Leyte Municipal Mayor, to seek
    his approval. Ysidoro approved the release and signed the withdrawal slip for four sacks of rice
    and two boxes of sardines worth P3,396.00 to CSAP.
    Elises, 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.
    CSAP delivered those goods to its beneficiaries. Garcia reported the matter to the MSWDO and
    to the municipal auditor as per auditing rules.
    In 2001, Doller, former member of the Sangguniang Bayan of Leyte, filed a complaint
    against Ysidoro. The complaint alleged that Ysidoro committed technical malversation when he
    approved the distribution of SFP goods to the CSAP beneficiaries.
    In 2010, Sandiganbayan found Ysidoro guilty beyond reasonable doubt of technical
    malversation. Sandiganbayan held that Ysidoro applied public property to a public purpose other
    than that for which it has been appropriated by law or ordinance. Ysidoro's MR was also denied.

    ISSUE/S:
    1. Whether or not petitioner committed technical malversation

    HELD:
    1. YES. Petitioner committed technical malversation. Technical malversation as penalized
    under Article 220 of the Revised Penal Code 4 has three elements:

    a. that the offender is an accountable public officer;


    b. that he applies public funds or property under his administration to some public
    use;
    c. that the public use for which such funds or property were applied is different from
    the purpose for which they were originally appropriated by law or ordinance;

    In the case at bar, petitioner Ysidoro is a Mayor, who applied public property (rice and
    canned goods) under his administration to some public use (SFP), applied for public use
    different from the original purpose (CSAP). Petitioner argues that he could not be held
    liable since the third element is not met. However, evidence showed that in 2000, the
    Sangguniang Bayan of Leyte enacted Resolution which allocated P100,000.00 for the
    SFP and P113,957.64 for the Comprehensive and Integrated Delivery of Social Services
    which covers the CSAP housing projects. The creation of the two items showed the
    Sanggunian's intention to appropriate separate funds for SFP and the CSAP in the annual
    budget.

    Since the municipality bought the subject goods using SFP funds, then those goods
    should be used for SFP's needs. SFP would cater only to the malnourished among its
    people who are in urgent need of the government's limited resources.

    Ysidoro's disregard of the guidelines when he approved the distribution of the SFP
    goods to those providing free labor for the rebuilding of their own homes, constituted the
    felony of technical malversation.

    Petitioner's insistence that he acted in good faith is also bereft of merit. 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. 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.

    Dura lex sed lex. Ysidoro's act, no matter how noble or miniscule the amount diverted,
    constitutes the crime of technical malversation.

    The Court affirmed the decision of Sandiganbayan.

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