G.R. No. 192330 - Ysidoro vs. People

Arnold James M. Ysidoro was the municipal mayor of Leyte, Leyte.
The Office of the Ombudsman for the Visayas charged him before the Sandiganbayan in Criminal Case No. 28228 with violation of Article 220 (illegal use of public property or technical malversation) of the Revised Penal Code.

Core Shelter Assistance Program (CSAP) and Supplemental Feeding Program (SFP)

The MSWDO operated a CSAP providing construction materials to indigent calamity victims who supplied the labor.
The SFP rationed food (rice and sardines) to malnourished children and was funded by a separate annual appropriation.

On June 15, 2001, CSAP construction was 70% complete but halted as beneficiaries needed food.
CSAP Officer‐in‐Charge Garcia and MSWDO officer Polinio requested Ysidoro’s approval to use four sacks of rice and two boxes of sardines (worth ₱3,396.00) from SFP stocks; Ysidoro signed the withdrawal slip.
The supervising clerk of the Municipal Accountant’s Office, Elises, also signed the slip, deeming the situation an emergency; the goods were delivered to CSAP beneficiaries.
Garcia later reported the transaction to the MSWDO and municipal auditor as required.

On August 27, 2001, former SB member Alfredo Doller filed the complaint; his wife, ex‐MSWDO head Nierna Doller, testified on the SFP guidelines and intended beneficiaries.
On February 8, 2010, the Sandiganbayan convicted Ysidoro of technical malversation but imposed only a fine of ₱1,698.00 (50% of the misapplied sum) due to lack of damage or embarrassment to public service.
His motion for reconsideration was denied on May 12, 2010, and he appealed to the Supreme Court on June 8, 2010.

Whether Ysidoro approved the diversion of SFP goods to a public purpose different from that for which they were originally appropriated.
Whether the diverted goods had become “savings” and thus could be legally applied to CSAP.
Whether Ysidoro’s failure to present the municipal auditor at trial presumptively harmed his defense.
Whether good faith is a valid defense to technical malversation.