G.R. No. 192330

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G. R. No.

192330

ARNOLD JAMES M. YSIDORO


vs.
PEOPLE OF THE PHILIPPINES

November 14, 2012

Facts: Arnold James M. Ysidoro, the Leyte Municipal Mayor, was accused by the Office of the Ombudsman for the
Visayas of technical malversation for approving the distribution of SFP (Supplemental Feeding Program) goods to
CSAP (Core Shelter Assistance Program) beneficiaries. The CSAP provided construction materials to calamity
victims for rebuilding their homes, with beneficiaries providing labor. When beneficiaries stopped work due to lack of
food, CSAP officer Lolita Garcia sought help from Cristina Polinio, an SFP officer, who suggested using surplus SFP
goods. Ysidoro approved this. Alfredo Doller, a former member of the Sangguniang Bayan, filed a complaint against
Ysidoro for malversation. Ysidoro argued that using SFP goods for another project for the poor was valid since they
came from SFP savings and the Calamity Fund, and he acted in good faith to help needy CSAP beneficiaries. Despite
causing no damage to public service, Ysidoro was found guilty of technical malversation but was fined only P1,698.00
by the Sandiganbayan. Ysidoro appealed this decision to a higher court.

Issue/s: whether or not good faith is a valid defense for tachnical malversation.

Ruling: Ysidoro claims he acted in good faith because the idea to use SFP goods for CSAP beneficiaries came from
Garcia and Polinio, and he consulted the accounting department before approving it. However, criminal intent isn't
necessary for technical malversation. The law punishes diverting public property meant for one purpose to another,
regardless of intent. This offense, mala prohibita, is prohibited because the law forbids it, not because it's inherently
wrong. What matters is whether the act, as defined by the law, violates it, not the intent behind it. Therefore, malice or
criminal intent doesn't matter.

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