This case has been cited 1 times or more.
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2015-07-29 |
BRION, J. |
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| In Tubola, Jr. v. Sandiganbayan,[30] we affirmed the accused's conviction of malversation of public funds under Article 217 of the Revised Penal Code, and reasoned out as follows:Besides, even on the putative assumption that the evidence against petitioner yielded a case of malversation by negligence but the information was for intentional malversation, under the circumstances of this case his conviction under the first mode of misappropriation would still be in order. Malversation is committed either intentionally or by negligence. The dolo or the culpa present in the offense is only a modality in the perpetration of the felony. Even if the mode charged differs from the mode proved, the same offense of malversation is involved and conviction thereof is proper. A possible exception would be when the mode of commission alleged in the particulars of the indictment is so far removed from the ultimate categorization of the crime that it may be said due process was denied by deluding the accused into an erroneous comprehension of the charge against him. That no such prejudice was occasioned on petitioner nor was he beleaguered in his defense is apparent from the records of this case. (Underscoring and emphasis in the original.) | |||||