malversation

need ko po ng advice.
my employer give me a memo stating for a malversation, saying that I used the company's fund for operational expenses of the company.
ganito po sir para klaro at mabigyan ako ng advice please
the monthly amortization of the clients deposited to company's bank account ay nagamit or sabi nga ng boss ko ginamit ko sa operational expenses of the company.
e wla po income ang company kaya napilitan ako gamitin ang fund for operational expenses.
now nagpalabas ng memo against me.

ang pagkakaalam ko po malversation ito if I used it on my own personal expenses.

please advice me sir.

thank you

it is still technically malversation because the money was not intended for that purpose.

did you have the authority to divert these funds? was it with knowledge of higher management?

hi atty,

I am one of the higher management,actually i am next to the president (owner) na.
The checks prepared for the said operations was approved or rather was signed by the owner.

My fault or mistake is I didn't informed them that i am using the funds of MONTHLY AMORTIZATION sending by clients to our bank account.
dahil wla na pondo ang bank account dahil wla na income for a couple of months.

so inshort pra mapatakbo pa ang company, ginamit ko ang funds.

What is the nature of your work? are you in a government? are these founds public in character and you are accountable to it?

for one to be convicted of malversation the ff. requisites must concur:

They are: (a) That the offender be a public officer; (b) That he had the custody or control of funds or property by reason of the duties of his office;(c) That those funds or property involved were public funds or property for which he is accountable; and (d) That he has appropriated, took or misappropriated or consented or, through abandonment or negligence, permitted another person to take them.



Art. 217. Malversation of public funds or property; Presumption of malversation. — Any public officer who, by reason of the duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or misappropriate or shall consent, 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

Below is otherwise known as technical malversation:

Art. 220. Illegal use of public funds or property. — Any public officer who shall apply any public fund or property under his administration to any public use other than for which such fund or property were appropriated by law or ordinance shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted to the public service.

Hi sir,

Thank you for your reply.

This is a private company that I am currently working.

The top management (owner) are the only signatories of the issued checks to suppliers and other payments.

based on your reply that is based sa pagkakaintindi ko hndi po malversation of funds ang nangyari kc hndi nman po public funds ang ginamit ko.

actually in good faith nman po ako.
I used the funds for company nman not for my own expense nor not event deposited it to my accounts.
Kasi ko nga nman po mailalbas ang perang nasa bank ng company e hndi nman ako signatories ng cheke.

hello po Atty, government employee po ako ngayon po ung former boos ko file me complain re-malversation of funds,halos lahat po ng nilagay sa complain is settle na po at sa clearing po before the complain matagal na po nila napirmahan, ng fund accountable office which is hnd bounded at chief ng office ko before, ngayong wla na po ako sa office na yun gumawa sila ng complain sakin na malversation of funds, tanong ko po bakit ako ang complain nila ng malveration, di po ba dapat ung chief of office ang investigahan about the complain which is yung chief of office ko po ang gumawa ng complain.

and Atty, ang clearing ko po is inspected by the audit, paano ko po xa icounter about this dahil nasisira na po ang image ko sa department namin, salamat po

sir i need advice po talaga, dahil dec 1 po dapat isubmit ko na po ang counter affidavit ko, salamat po

if this is filed at the prosecutor's office, then i recommend you ask for help from a lawyer to prepare your counter affidavit. if what you say is true, then present your evidence that everything was settled. hopefully you have written proof.