Philippine Christian University

Graduate School

I. SYNOPSIS

In Cebu City, a case of alleged malversation of public funds

through falsification of public documents against Abunda, Lapidario
and Barrera, stemmed from the complaint filed by Zamoras.

The antecedent of the case, on May 5-9, 2008, Pasil Elementary

School held a seminar wherein funded amounting to ₱46,000.
Lapidario, being the training organizer was asked to liquidate the
expenses for the said activity later. But, beforehand, it was allegedly
relayed to Zamoras the dilemma of Lapidario that Abunda asked her
to reflect that all the money allocated has been totally spent when in
fact the amount incurred amounted only to ₱28,808. Having
knowledge of the expenses, Zamoras inquired in DepEd and was
surprised to discover the financial report reflected zero balance. Thus,
he dig deeper and questioned the rental expenses of the projector
used which according to him no rental expenses incurred. He
likewise questioned the veracity of the reimbursement expenses
receipt, food allocation for speakers and service fee for the three
teachers (Genson, Villafuerte, Balili) who assisted during the event.

Abunda on the other hand, claimed that the other amount was
used as honorarium for speakers and transportation and food for
teachers-participants. Barrera also claimed the reimbursement
expense was done in good faith. However, Prosecutor Camba
believed otherwise based on the preliminary investigation of the case.
Hence, the recommendation of filing of the case before the Regional
Trial Court.

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 Philippine Christian University
Graduate School

II. MAIN PROBLEM

Whether or not the principal and teachers mentioned in the case

still worthy for the respect of the society despite of the charge on
malversation?

III. SUB-PROBLEMS (OPTIONAL)

Whether or not the school personnel ( Abunda, Lapidario,Barerra)

committed the crime of malversation of public funds through
falsification of public document?

IV. CHARACTERS AND THEIR ROLES (Description)

Dyna Camba Graft Prosecutor of the Office of the Deputy

Ombudsman for the military
Emilio Gonzales Deputy Ombudsman for the Military and
other Law Enforcement Offices
Blesilda Abunda School Principal of Pasil Elementary School,
Cebu City, one of respondent on the case
Shirley Lapidario Teacher of Pasil Elementary School, one of
the respondents on the case
Florencio Barrera Teacher of Pasil Elementary School, one of
the respondents on the case
Loreto Zamoras Teacher of Pasil Elementary School,
complainant
Helen Genson one of the teachers who allegedly received
service fee
Rebecca Villafuerte one of the teachers who allegedly received
service fee
Cipriano Balili one of the teachers who allegedly received
service fee
Vincent Ryan Canete Disbursing Officer of DepEd Cebu City

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Graduate School

V. ALTERNATIVES AND CHOICES

1. To charge the principal and two teachers based solely on the

assumption of the complainant Loreto Zamoras.

2. To give the principal and two teachers the benefit of the doubt,
defend themselves and wait for further investigation of the case.

VI. CHOSEN ALTERNATIVE/ACTION

To give the school principal and two teachers the benefit of the
doubt, defend and wait for further investigation of the case and an
additional research with regard to the case.

VII. REFLECTIONS

The old adage that it is not what teachers say but what they do
that influence students. When students see or hear that teachers
involve in corrupt practices, two conclusion will come into their mind,
students may think that it is ethical/legal and might be emulated in
the future or it will tarnish the purity of their belief that teachers
deserves the worthiest respect. (Excerpt from Corrupt Teachers By
Isagani Cruz www.philstar.com)

This case study made me realize that for the school personnel
especially the principal and teachers to be immortally worthy of the
trademark of noblest person or profession, they should be very
careful on their dealings. Yes of course, they need finances to run
the affairs of the school. In this respect, the capacity of the principal
to manage the school finances is imperative to achieve educational
goals and objectives. This means that school‘s management of
finances as well as trainings, seminars or orientation are necessary

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Graduate School

to enable the school to achieve effective not only in terms of

education but also as to the organization.

The involvement of teachers in the budgetary process should

display the expected transparency to establish an avenue for ethical
practices. Since all of us strive towards a mutual goal, it is, thus
important for the principal and teachers to maintain harmonious
relationships with each other and to preserve the integrity and dignity
expected from them.

According to Argon, accountability and transparency make

positive contributions to an organization in terms of attitudes such as
job satisfaction, trust in leader, the need for independence, feedback
regarding tasks, and satisfaction received from responsibilities.
These principles according to Argon are becoming more important in
the identification and prevention of bribery and corruption. In the
context of accountability, school administrators are expected to use
school resources in the best possible manner and increase the
success of the school. (Argo, T (2015). Teacher and administrator
views on school principals’ accountability. Educational Series:
Theory and Practices, International Journal Of Science & Technology
Research Volume 7, Issue 4, April 2018)

However, teachers are not saints nor perfect to not commit some
mistakes all through their life. Along with this, we should also extend
to them what a common or other person enjoy. This is the right to due
process of the law hand in hand with their right to defend themselves
of any accusations. Imputing crimes against one person is
detrimental, it will create a very great impact on their reputation and
all aspects of their life. It can make them paralyze to live normally
until such time they just do not want to live.

As regards to the case of malversation, a need for a careful

perusal of the case charged to them and to hover Art. 217 of the
Revised Penal Code briefly. Art. 217 provides that “any public Officer,
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Graduate School

by reason of his/her duties of his office, is accountable for public

funds or property, shall appropriate the same, or shall take or
misappropriate or shall consent, or through abandonment or
negligence, shall permit any other person to take such public funds
or property, wholly or partially.” And falsifying a document under Art.
171 of the same Code.

In the instant case, the complaint must be substantially

corroborated with evidence to indict them of the said offense so as
not to mistakenly charged and defame the school personnel. Without
strong proof or evidence to prove that the attachments are fake
documents to support the expenses incurred, the presumption of
regularity prevails. The burden of proof lies on the prosecution and
not on the respondents of the case.

Unless and until the charged established beyond reasonable

doubt against the three and the highest court decided on the finality
of the case, the three presumed innocent of the offense charged until
the contrary is proved.

For the record, I researched on the development of the case

against the three from all the cases decided by the Supreme Court
and nothing was found. Therefore, they were not found guilty as to
the record of jurisprudence unless they did not elevate the case to
the higher court and settled accordingly.

One final point, in our life we felt the power and lasting presence
of the teacher. They deserve respect at all times by being a good
mentor.

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