QuestionsQuestions (Republic Act No. 1060)
It increases the penalty for the crime of malversation of public funds or property by amending Article 217 of the Revised Penal Code.
RA 1060 amends Article 217 of the Revised Penal Code, which concerns malversation of public funds or property.
Any public officer who, by reason of the duties of office, is accountable for public funds or property.
Appropriation of public funds/property; taking or misappropriating; consenting to another taking; or through abandonment or negligence, permitting another person to take wholly or partially; or otherwise guilty of misappropriation/malversation.
Such failure is prima facie evidence that the accused put the missing funds/property to personal use.
It means evidence sufficient to establish a fact unless rebutted by contrary evidence; it creates an inference that the missing funds were used for personal purposes.
Prision correccional in its medium and maximum periods.
Prision mayor in its minimum and medium periods.
Prision mayor in its maximum period to reclusion temporal in its minimum period.
Reclusion temporal in its medium and maximum periods.
Reclusion temporal in its maximum period to reclusion perpetua.
Perpetual special disqualification and a fine equal to the amount of the funds malversed or equal to the total value of the property embezzled.
Mandatory: the law states that persons guilty of malversation shall also suffer perpetual special disqualification.
It is equal to the amount of the funds malversed, or equal to the total value of the property embezzled.
To take for one’s own benefit or to divert public funds/property as if they were one’s own, involving appropriation.
By abandoning or negligently failing to safeguard public funds/property, thereby permitting another person to take them wholly or partially.
It takes effect upon approval.