Question & AnswerQ&A (Act No. 1740)
Act No. 1740 provides for the punishment of public officers and employees who fail or refuse to account for public funds or property, make personal use of such funds or property, misappropriate them, or are guilty of malversation related to such funds or property.
Bonded officers or employees of the Insular Government, provincial or municipal governments, the city of Manila, or other public offices who have charge of public funds or property, including trust or other funds required by law to be kept or deposited with such persons or offices.
Upon conviction, the offender shall be punished by imprisonment for not less than two months nor more than ten years, and at the court's discretion, a fine not exceeding the amount of the funds or the value of the property involved.
Malversation refers to crimes involving the failure or refusal to account for public funds or property, making personal use of such, misappropriating them, or permitting others through negligence or fault to do so.
The absence or failure of any person charged with public funds or property to produce all such funds or property upon demand by an authorized officer is prima facie evidence that the missing funds or property have been used for personal ends.
Such failure is regarded as prima facie evidence that the person used the missing funds or property for personal purposes, thereby supporting a charge of malversation.
Every person convicted under this Act is ipso facto permanently disqualified from holding any public office or employment of any nature within the Philippine Islands.
Yes, it repeals Articles 390, 391, and 392 of the Penal Code of the Philippine Islands to the extent that they conflict with this Act.
The Act took effect upon its passage on October 3, 1907.
The court may impose a fine of up to the amount of the public funds or the value of the property involved, in addition to imprisonment.