People v. Dapitan · G.R. 253975

Petitioner: People
Respondent: Dapitan
Citation: G.R. No. 253975
Court: Supreme Court
Division: Second Division
Ponente: Perlas-Bernabe, J.
Decided: September 27, 2021

Summary

This criminal case involves Rex Fusingan Dapitan, Vice President for Finance, Administration and Resource Generation of Sultan Kudarat State University, who was charged with malversation of public funds under Article 217 of the Revised Penal Code. Dapitan received P70,000.00 for a Lakbay Aral (educational tour) to Surigao del Sur State University in October 2010, but allegedly misappropriated P50,625.00 by using the funds for participants' food, accommodation, and incidental expenses contrary to the approved training design. The prosecution established that the educational tour was deliberately scheduled to coincide with a co-employee's wedding, which participants attended using public funds and official time. Both the Sandiganbayan and Supreme Court found all elements of malversation proven beyond reasonable doubt, rejecting Dapitan's defenses that the activity was properly conducted and that restitution exonerated him. The Supreme Court affirmed his conviction with modification, applying RA 10951 retroactively and deleting legal interest on the fine while maintaining the indeterminate prison sentence, perpetual special disqualification, and fine of P50,625.00.

Statutes applied

Revised Penal Code, Art. 217

Related cases

Other Philippine cases on the same provisions and issues.

People v. Soliva G.R. No. 268309
Cabrera v. People G.R. No. 275887
People v. Mingoa G.R. No. L-5371
People v. Livara G.R. No. L-6201
People v. Uy G.R. No. 157399
People v. Miranda G.R. No. L-16122
Cimafranca v. Sandiganbayan G.R. No. 94408
Elbanbuena v. Sandiganbayan G.R. No. 237721
Gonzales v. People G.R. No. 237584
Biñas v. People G.R. No. 226207
Candao v. People G.R. No. 186659
El Pueblo de Filipinas v. Velasquez G.R. No. 47741

By the Intellegal Editorial Board · September 27, 2021

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