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Bahalidad vs.

People
615 SCRA 597, March 17, 2010

Topic: Malversation committed by a private individual

FACTS:
Zoleta, as president of an inexistent association initiated the request for obligation of
allotments and certified and proved the disbursement voucher. Despite lack of proper
documentation and non-compliance of rules, a check was issued to Bahalidad and
encashed the same creating an act of conspiracy to defraud the government.

Issue:
WON Bahalidad is guilty of Malversation of Public Funds

RULING:
No. The petitioner’s participation in the crime is not adequately proven with moral
certainty. There was no showing that petitioner had a hand in the preparation of
requirements submitted for disbursement of check nor was there any showing that she
interceded with the approval of the check.
Where there is reasonable doubt, an accused must be acquitted even though his
innocence may not have been fully established. When guilt is not proven with moral
certainty, exoneration must be granted as a matter of right.

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