Illegal Use Of Public Funds


1. That the offender is a public officer;
2. That there is public fund or property under his administration;
3. That such public fund or property has been appropriated by law
   or ordinance (without this, it is simple malversation) ; and
4. That he applies the same to a public use other than for which
   such fund or property has been appropriated by law or ordinance.

To distinguish this article with Art 217 (malversation), in illegal
use of public funds or property, the offender does not derive any
personal gain, the funds are merely devoted to some other public use.

Absence of damage is only a mitigating circumstance.

Illegal use of public funds or property is also known as
technical malversation.

The term technical malversation is used because in this crime,
the fund or property involved is already appropriated or earmarked
for a certain public purpose.


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