Criminal intent is not an element of technical malversation.

The law punishes the act of diverting

public property earmarked by law or ordinance for a particular public purpose to another public
purpose. 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.

Reference:
Ysidoro vs People, GR 192330 (November 14, 2012)
Luciano vs Bautista, GR L-31622 (August 31, 1970 – En Banc), 145 Phil. 454, 464-465

The petitioner also posits that since he and Dennis were exchanging punches then, he could not
have made a deliberate design to injure Shiva. Without intent to harm Shiva, the petitioner insists
that he deserves an acquittal.

SC:  "When the acts complained of are inherently immoral, they are deemed mala in se, even if
they are punished by a special law. Accordingly, criminal intent must be clearly established with
the other elements of the crime; otherwise, no crime is committed."

Reference:  Mabunot vs People, GR 204659 (September 19, 2016) 

Requisites of a valid waiver (Herrera vs. Boromeo)

1. Existence of a right

2. Knowledge of the existence of the right

3. An intention to relinquish the right (implied in this is the capacity to dispose of the right)

• General Rule: Rights can be waived.

• Exceptions: 1. If waiver is contrary to law, public order, public policy, morals or good customs 2. If
the waiver would be prejudicial to a 3rd party with a right recognized by law. (e.g., If A owes B P10M,
B can’t waive the loan if B owes C and B has no other assets.)

• Examples of waivers which are prohibited:

1. Repudiation of future inheritance

2. Waiver of the protection of pactum commissorium

3. Waiver of future support

4. Waiver of employment benefits in advance

5. Waiver of minimum wage

6. Waiver of the right to revoke a will

Art. 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, or custom or practice to the contrary. When the courts declared a law to be
inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative
or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or
the Constitution.