Scribd Logo
Upload

Welcome to Scribd!

  • 76 views

    Wa-Acon vs. People G.R. NO. 164575 Criminal Law DOCTRINES: Malversation - Elements: Any Public Officer Who, by Reason of The Duties of His Office

    Uploaded by

    noonalaw
    This document discusses the elements of the crime of malversation under Article 217 of the Criminal Law. It outlines that malversation has four elements: 1) the offender must be a public officer; 2) they must have custody or control of public funds or property by reason of their duties; 3) these funds must be public funds they are accountable for; and 4) they must appropriate, take, misappropriate or consent to another taking the funds. It also discusses presumptions under the law, including presumptions of fact drawn from circumstances and presumptions of law sanctioned by statute, which can shift the burden of proof to the party against whom the inference is made.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Wa-Acon vs. People G.R. NO. 164575 Criminal Law DOCTRINES: Malversation - Elements: Any Public Officer Who, by Reason of The Duties of His Office

    Uploaded by

    noonalaw
    76 views1 page
    This document discusses the elements of the crime of malversation under Article 217 of the Criminal Law. It outlines that malversation has four elements: 1) the offender must be a public officer; 2) they must have custody or control of public funds or property by reason of their duties; 3) these funds must be public funds they are accountable for; and 4) they must appropriate, take, misappropriate or consent to another taking the funds. It also discusses presumptions under the law, including presumptions of fact drawn from circumstances and presumptions of law sanctioned by statute, which can shift the burden of proof to the party against whom the inference is made.

    Original Description:

    Crim Doctrine

    Original Title

    Doctrines_wa-Acon v People

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document discusses the elements of the crime of malversation under Article 217 of the Criminal Law. It outlines that malversation has four elements: 1) the offender must be a public officer; 2) they must have custody or control of public funds or property by reason of their duties; 3) these funds must be public funds they are accountable for; and 4) they must appropriate, take, misappropriate or consent to another taking the funds. It also discusses presumptions under the law, including presumptions of fact drawn from circumstances and presumptions of law sanctioned by statute, which can shift the burden of proof to the party against whom the inference is made.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    76 views1 page

    Wa-Acon vs. People G.R. NO. 164575 Criminal Law DOCTRINES: Malversation - Elements: Any Public Officer Who, by Reason of The Duties of His Office

    Uploaded by

    noonalaw
    This document discusses the elements of the crime of malversation under Article 217 of the Criminal Law. It outlines that malversation has four elements: 1) the offender must be a public officer; 2) they must have custody or control of public funds or property by reason of their duties; 3) these funds must be public funds they are accountable for; and 4) they must appropriate, take, misappropriate or consent to another taking the funds. It also discusses presumptions under the law, including presumptions of fact drawn from circumstances and presumptions of law sanctioned by statute, which can shift the burden of proof to the party against whom the inference is made.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    WA-ACON VS.

    PEOPLE
    G.R. NO. 164575
    CRIMINAL Law
    DOCTRINES: Malversation - Elements: Any public officer who, by reason of the duties of his office,
    is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or
    shall consent, or through abandonment or negligence, shall permit any other person to take such public
    funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation
    of such funds or property. Elements (Art. 217): 1) offender be a public officer; 2) that the custody or
    control of funds or property by reason of the duties of his office; 3) these funds were public funds or
    property of which he was accountable; and 4) that he appropriated, took, misappropriated or consented or
    through abandonment or negligence, permitted another person to take them.
    Presumptions: Presumption of law is sanctioned by a statute prescribing that a certain inference must
    be made whenever facts appear which furnish the basis of inference. While presumption of fact which is
    conclusion drawn from particular circumstances, the connection between them and the sought for fact
    having received such a sanction in experience as to have become recognized as justifying the assumption.
    When there is presumption of law, the onus probandi (burden of proof), generally imposed upon the
    State, is shifted to the party against whom the inference is made to adduce satisfactory evidence to rebut
    the presumption and hence, to demolish the prima facie case.

    You might also like