Arnold James M, Ysidoro, Petitioner, Municipal Mayor of Leyte

VS.
People of the Philippines
G.R. No. 1922330
TOPIC: Dura Lex Sed Lex Principle “It is harsh, but it is the law”
FACTS:

- February 8, 2010 the Sandiganbayan found Ysidoro guilty beyond reasonable doubt of
technical malversation.
- The Sandigan held that Ysidoro applied public property to a public purpose other than
that for which it has been appropriated by law or ordinance
- Ysidoro approved the release and signed the withdrawal slip for four sacks of rice and
two boxes of sardines worth P3,396 INTENDED for the Supplemental Feeding Program
(SFP) to the Core Shelter Assistance Program (CSAP) due to SHORT SUPPLY OF
FOOD
- Sandiganbayan denied Ysidoro’s motion for reconsideration
- On June 8, 2010 Ysidoro appealed the Sandiganbayan Decision to the Supreme Court.

ISSUE
a. Whether or not good faith is a valid defense for technical malversation.

RULING
The Supreme Court assails the decision of the Sandigan Bayan

- Criminal intent is NOT an element of technical malversation. The law punishes the act of
diverting public property earmarked by law or ordinance for a particular purpose to
another public purpose, no matter how noble the reason may be.
- Dura lex sed lex. Ysidoro’s act, no matter how noble or miniscule the amount diverted,
constitutes the crime of technical malversation. The law and this Court, however,
recognizes that his offense is not grave, warranting a mere fine