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For example, a teller in the office of the city treasurer, who was leaving
the Office with public funds collected by him, is liable for consummated
crime of malversation (The Revised Penal Code by Luis Reyes) through
taking.
In Office of the Court Administrator v. Soriano, A.M. No. 2864-P. May 16,
1985, it was held that if a deputy clerk of court did not exercise the
strictest supervision on his designated collection clerk, the former
would suffer the consequences of failure to remit the collections by the
latter through negligence. In short, by failing to exercise strict
supervision on the collection clerk, the clerk of court could be liable for
malversation by permitting other person to take public fund through
negligence.
In People vs. Pili, C.A., 53 O.G. 4535, cited in the Revised Penal Code,
Book 2 by Luis Reyes, the postmaster placed the cash, warrants and
checks of the post office in his table drawer instead in his iron safe. On
the night of that day, his drawer was forced open and cash, warrants
and checks were stolen. For failure to place the public funds in the iron
safe, the accused was convicted of malversation for permitting other
person to take the property through negligence.
In Torres vs. People, G.R. No. 175074, August 31, 2011, the Supreme
Court said malversation may thus be committed either through a
positive act of misappropriation of public funds or property of passively
through negligence by allowing another to commit such
misappropriation.
But for purpose of the bar exam, it is safe to follow the Torres principle.