MALVERSATIONS THROUGH CONVERSATIONS. Article 217 of the Revised Penal Code defines the crime of malversation as the act of “any public officer, who by reason of his office, is accountable for public funds or property, shall appropriate the same, or shall take or misappropriate or shall consent, or through abandonment or negligence, shall permit any other person to take such public funds or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such funds or property”. Considering the huge amounts involved in the pork barrel scams, a solon who assigns his pork barrel should conduct the necessary inquiries to ensure that it would be and was well spent, including ascertainment of the beneficiaries. It should not be enough that he just relies on what others tell him or that he merely indorses. The more educated and experienced a person is, the more diligence is required of him. If he fails to exercise this due diligence, he may not be liable for plunder, but he should be liable for malversation by negligence. If there is “a lay-away plan” in sales, there is also a “laway” pitch in proposing pork projects, laway lang ang puhunan.
Posted on: Sun, 15 Sep 2013 09:17:38 +0000
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