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    US vs. Elvina - GR No. L-7280 - Case Digest

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    Abigail Tolabing
    The defendant, a municipal treasurer, was accused of misappropriating public funds totaling 2,505.61 pesos. However, the court found that the defendant was not guilty because he had paid out the funds in good faith based on resolutions by the municipal council authorizing the payments. While he may face civil liability for not providing proper documentation of the payments to the auditor, there was no criminal intent or unlawful conversion of funds as required for the crime of misappropriation. The defendant's payments lacked the essential elements to constitute the crime.

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    US vs. Elvina - GR No. L-7280 - Case Digest

    Uploaded by

    Abigail Tolabing
    206 views1 page
    The defendant, a municipal treasurer, was accused of misappropriating public funds totaling 2,505.61 pesos. However, the court found that the defendant was not guilty because he had paid out the funds in good faith based on resolutions by the municipal council authorizing the payments. While he may face civil liability for not providing proper documentation of the payments to the auditor, there was no criminal intent or unlawful conversion of funds as required for the crime of misappropriation. The defendant's payments lacked the essential elements to constitute the crime.

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    The defendant, a municipal treasurer, was accused of misappropriating public funds totaling 2,505.61 pesos. However, the court found that the defendant was not guilty because he had paid out the funds in good faith based on resolutions by the municipal council authorizing the payments. While he may face civil liability for not providing proper documentation of the payments to the auditor, there was no criminal intent or unlawful conversion of funds as required for the crime of misappropriation. The defendant's payments lacked the essential elements to constitute the crime.

    Copyright:

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

    US vs. Elvina - GR No. L-7280 - Case Digest

    Uploaded by

    Abigail Tolabing
    The defendant, a municipal treasurer, was accused of misappropriating public funds totaling 2,505.61 pesos. However, the court found that the defendant was not guilty because he had paid out the funds in good faith based on resolutions by the municipal council authorizing the payments. While he may face civil liability for not providing proper documentation of the payments to the auditor, there was no criminal intent or unlawful conversion of funds as required for the crime of misappropriation. The defendant's payments lacked the essential elements to constitute the crime.

    Copyright:

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

    LCP

    SUBJECT: CRIM
    TOPIC: Title VII - Malversation

    US vs. ELVIÑA
    G.R. No. L-7280; February 13, 1913
    THE UNITED STATES, plaintiff-appellee, vs.
    ALFREDO ELVIÑA, defendant-appellant.

    GENERAL RULE OF LAW/DOCTRINE


     Good faith is a valid defense in malversation: no criminal intent; payment by honest mistake; honest
    belief that he had the right and it was his duty to do so.
    o Civil liability – YES.
    o Criminal libility – NO.
     The mere absence of the funds establishes against him merely a prima facie case which can be overcome
    by the production of evidence negativing the implication of criminally springing from such absence.

    FACTS
     This is an appeal from a judgment convicting the accused of the crime of misappropriation of public funds
    upon the following information:
    o That from the 1st of July, 1909, until the 31st day of January, 1910, the said accused, who was
    municipal treasurer of San Juan de Guimba, Nueva Ecija, had in his possession various properties
    and sums of money pertaining to his office, but during said time maliciously and criminally
    disposed of said properties and money for the sum of P2,505.61 and refuse to render an account
    of the same in spite of having been required by the District Auditor to do so.
     The sole basis for the present proceeding against the accused is that he did not furnish to the auditor such
    vouchers and proofs of the payments conceded to have been made as the auditor thought under the law
    he was required to have.

    ISSUES AND RULINGS


     WON accused is guilty of malversation? – NO.

    It is undenied in this case that the sum of P2,505.61 with the embezzlement of which the accused is charged was
    actually paid by him and that such payments were made under resolutions of the municipal board authorizing him
    to do so.

    Certainly one cannot be convicted of the crime of misappropriation of public funds when such funds have actually
    been paid out by him in good faith to persons who have rendered services to the municipality of which he is
    treasurer and under and in accordance with resolutions of the municipal council authorizing him to make such
    payments.

    Such disposition of the moneys of the municipality lacks many essential elements going to make up the crime of
    misappropriation of public funds. There is no criminal intent. There is no such conversion of the money to the use
    of the accused or to the use of any other person as is contemplated by the criminal law. There is no such
    deprivation of the municipality of its funds as is required to make the act criminal.

    RELEVANT LAWS APPLICABLE

    Please include: 1. LAW CHALLENGED and 2. LAW APPLIED


    Also include: SPECIFIC SECTION/PROVISION OF THE ABOVE LAWS relevant to the case and what is STATED in those
    provisions/sections

    1
    CRIM – US vs. ELVIÑA
    By Sung, Cecil

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