GOVERNMENT officials who may have had the best intentions in moving funds will still have to be punished for violating the law, the Supreme Court said in its ruling on a case that has similarities to the transfer of funds under the Disbursement Acceleration Program (DAP). The High Court stressed that good faith does not excuse an official who juggles government funds or property from one public purpose to another. The SC issued this verdict on November 14, 2012, affirming a Sandiganbayan ruling on February 8, 2010 that found Leyte Mayor Arnold James Ysidoro guilty beyond reasonable doubt of technical malversation for diverting the use of four sacks of rice and two box of sardines worth P3,390 for malnourished children. “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,” the SC ruled. “Dura lex sed lex. [The law may be harsh but it is the law]. Ysidoro’s act, no matter how noble or miniscule the amount diverted, constitutes the crime of technical malversation,” it said.
Posted on: Mon, 07 Jul 2014 15:29:56 +0000
Trending Topics
Recently Viewed Topics
© 2015