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    Ysidoro vs. People (G.R. 192330, November 14, 2012)

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    Nhorry M
    Arnold James M. Ysidoro, the Mayor of Leyte, Philippines, was charged with illegally diverting food intended for malnourished children to beneficiaries of a home rebuilding program for calamity victims. Ysidoro approved taking four sacks of rice and two boxes of sardines from the municipality's Supplemental Feeding Program to be given to beneficiaries of the Core Shelter Assistance Program. While Ysidoro claimed good faith in believing the CSAP beneficiaries also needed food, the court ruled his actions constituted the crime of technical malversation under Philippine law as a mala prohibita offense, meaning the act was prohibited by statute regardless of intent. The court affirmed the lower court's ruling, recognizing Ysidoro's

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    Ysidoro vs. People (G.R. 192330, November 14, 2012)

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    Nhorry M
    165 views1 page
    Arnold James M. Ysidoro, the Mayor of Leyte, Philippines, was charged with illegally diverting food intended for malnourished children to beneficiaries of a home rebuilding program for calamity victims. Ysidoro approved taking four sacks of rice and two boxes of sardines from the municipality's Supplemental Feeding Program to be given to beneficiaries of the Core Shelter Assistance Program. While Ysidoro claimed good faith in believing the CSAP beneficiaries also needed food, the court ruled his actions constituted the crime of technical malversation under Philippine law as a mala prohibita offense, meaning the act was prohibited by statute regardless of intent. The court affirmed the lower court's ruling, recognizing Ysidoro's

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    Arnold James M. Ysidoro, the Mayor of Leyte, Philippines, was charged with illegally diverting food intended for malnourished children to beneficiaries of a home rebuilding program for calamity victims. Ysidoro approved taking four sacks of rice and two boxes of sardines from the municipality's Supplemental Feeding Program to be given to beneficiaries of the Core Shelter Assistance Program. While Ysidoro claimed good faith in believing the CSAP beneficiaries also needed food, the court ruled his actions constituted the crime of technical malversation under Philippine law as a mala prohibita offense, meaning the act was prohibited by statute regardless of intent. The court affirmed the lower court's ruling, recognizing Ysidoro's

    Copyright:

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

    Ysidoro vs. People (G.R. 192330, November 14, 2012)

    Uploaded by

    Nhorry M
    Arnold James M. Ysidoro, the Mayor of Leyte, Philippines, was charged with illegally diverting food intended for malnourished children to beneficiaries of a home rebuilding program for calamity victims. Ysidoro approved taking four sacks of rice and two boxes of sardines from the municipality's Supplemental Feeding Program to be given to beneficiaries of the Core Shelter Assistance Program. While Ysidoro claimed good faith in believing the CSAP beneficiaries also needed food, the court ruled his actions constituted the crime of technical malversation under Philippine law as a mala prohibita offense, meaning the act was prohibited by statute regardless of intent. The court affirmed the lower court's ruling, recognizing Ysidoro's

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    © All Rights Reserved
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    ARNOLD JAMES M.

    YSIDORO, Petitioner,
    vs.
    PEOPLE OF THE PHILIPPINES, Respondent.
    G.R. No. 192330 November 14, 2012

    Facts:
     Accused Arnold James M. Ysidoro charged of violation of illegal use of public property (technical
    malversation) under Article 220 of the Revised Penal Code.
     Arnold James M. Ysidoro, Mayor of Leyte, charged with illegal diversion of food intended for
    those suffering from malnutrition to the beneficiaries of reconsideration projects affecting the
    homes of victims of calamities
     The Municipal Social Welfare and Development Office (MSWDO) of Leyte, Leyte, operated aCore
    Shelter Assistance Program (CSAP) that provided construction materials for the indigent
    calamity victims with which to rebuild their homes. Lolita Garcia, the CSAP Officer-in-Charge
    sought the help to Cristina Polinio, an officer of the MSWDO in charge
    of the municipality’s Supplemental Feeding Program (SFP) that rationed food to malnourished
    children. Polinio told Garcia that the SFP still had sacks of rice and boxes of sardines in its
    storeroom. And since she had already distributed food to the mother volunteers, what
    remained could be given to the CSAP beneficiaries. Polonio and Garcia went to petitioner Arnold
    James M. Ysidoro, the Leyte Municipal Mayor, to ask for his approval. Petitioner approved
    the release and signed the withdrawal slip for four sacksof rice and two boxes of sardines worth
    P3,396.00 to CSAP.
     August 27, 2001 Alfredo Doller, former member of the Sangguniang Bayan of Leyte, filed a
    complaint against Ysidoro for committing technical malversation when he approved the
    distribution of SFP goods to the CSAP beneficiaries. In his defense,
     Ysidoro claims that the diversion of the subject goods to a project also meant for the poor of the
    municipality was valid since they came from the savings of the SFP and the Calamity Fund.
    Ysidoro also claims good faith, believing that the municipality’s poor CSAP beneficiaries were
    also in urgent need of food.

    Issue:
     Whether the offense was mala inse or mala prohibita
    Ruling:
     In the herein case, the offense is mala prohibita, meaning that the prohibited act is not
    inherently immoral but becomes a criminal offense because positive law forbids its commission
    based on considerations of public policy, order, and convenience.13 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.14

     Dura lex sed lex. Ysidoro’s act, no matter how noble or miniscule the amount diverted,
    constitutes the crime of technical malversation. The law and this Court, however, recognize that
    his offense is not grave, warranting a mere fine.
     WHEREFORE, this Court AFFIRMS in it’s entirely the assailed Decision of the Sandiganbayan in
    Criminal Case 28228 dated February 8, 2010.

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