People v. Livara

Summary

Felipe Livara, a Philippine Constabulary disbursing officer, was convicted of malversation after a P9,597 shortage was discovered in his accounts. He claimed he lost the money when his portfolio was forgotten in a Manila jeepney, but this explanation was rejected as incredible. The Supreme Court affirmed his conviction, rejecting his constitutional challenge to Article 217 of the Revised Penal Code's presumption provision. The Court held that the shortage constitutes prima facie evidence of personal use, and that civil courts have concurrent jurisdiction with military courts over crimes by military personnel. The case established that presumptions based on human experience do not violate constitutional due process rights.