Answer
Malversation, or the misappropriation of public funds or property, is committed under Article 217 of the Revised Penal Code by a public officer who is accountable for public funds or property and who appropriates them, takes or misappropriates them, consents to their taking, or through abandonment or negligence permits another person to take them. Its elements are that the offender is a public officer, that he had custody or control of the funds by reason of his office, that the funds were public funds or property, and that he appropriated, took, or misappropriated them or permitted another to do so.
A distinctive feature is the presumption in Article 217: when an accountable officer fails to produce public funds on demand by a duly authorized officer, that failure is prima facie evidence that he has put the missing funds to personal use. Malversation may be committed either intentionally or through negligence, and returning the misappropriated amount does not extinguish criminal liability, although it may be considered in mitigation.