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  • Corpus Vs People

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    Dean Ben
    163 vizualizări1 pagină
    The petitioner, a supervising cashier, was found guilty of malversation of public funds by the lower court. He argued on appeal that he did not actually receive P50,000 that was withdrawn through checks while he was supposedly on leave. The court found that the checks were in fact liquidated to the petitioner, and his cash books had inconsistent entries. Records also showed he was not actually on leave on the dates of the withdrawals. The court held that the presumption of innocence was overcome by evidence that pointed to his guilt for misusing government funds.

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    The petitioner, a supervising cashier, was found guilty of malversation of public funds by the lower court. He argued on appeal that he did not actually receive P50,000 that was withdrawn through checks while he was supposedly on leave. The court found that the checks were in fact liquidated to the petitioner, and his cash books had inconsistent entries. Records also showed he was not actually on leave on the dates of the withdrawals. The court held that the presumption of innocence was overcome by evidence that pointed to his guilt for misusing government funds.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    163 vizualizări1 pagină

    Corpus Vs People

    Încărcat de

    Dean Ben
    The petitioner, a supervising cashier, was found guilty of malversation of public funds by the lower court. He argued on appeal that he did not actually receive P50,000 that was withdrawn through checks while he was supposedly on leave. The court found that the checks were in fact liquidated to the petitioner, and his cash books had inconsistent entries. Records also showed he was not actually on leave on the dates of the withdrawals. The court held that the presumption of innocence was overcome by evidence that pointed to his guilt for misusing government funds.

    Drepturi de autor:

    Attribution Non-Commercial (BY-NC)
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 1

    Corpus vs People 194 SCRA 73 Facts: Petitioner seeks reversal of the lower courts decision finding him guilty

    for malversation of public funds. The accused was the acting supervising cashier at the Provincial Treasurers office. He denied having misused the whole amount of P72,823.08 which was discovered to be a shortage from the government funds contending that the P50,000.00 was the unliquidated withdrawal made by their paymaster Pineda thru the 4 checks he issued while the petitioner was on leave and that he was forced by their Provincial Treasurer Aluning to post said amount in his cash book despite not actually receiving the amount. Issue: Whether or not the court erred in observing the presumption of innocence of the accused of the charge against him. Held: It is held that presumption of innocence of the accused should yield to the positive findings that he malversed the government funds considering all the evidences presented that point out to his guilt on the charge imputed against him. Records shows that the checks issued for the paymaster were duly liquidated to the accused and there were inconsistent entries on his cash books and that he was not really on leave on the day the said checks were disbursed by the paymaster.

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