Here are selected November 2011 rulings of the Supreme Court of the Philippines on criminal law and procedure:
1. REVISED PENAL CODE
Malversation of public funds; elements.The elements of the crime of malversation of public funds are as follows: (a) that the offender is a public officer; (b) that he had the custody or control of funds or property by reason of the duties of his office; (c) that those funds or property were public funds or property for which he was accountable; and (d) that he appropriated, took, misappropriated or consented or, through abandonment or negligence, permitted another person to take them. In this case, all the elements are present and proven by the prosecution. With respect to the first three elements, it was established that petitioner was a revenue collection agent of the BIR. He was a public officer who had custody of public funds for which he was accountable. Anent the fourth element, such was established when the PNB confirmed that there was a discrepancy in the amounts actually received by the PNB and the amounts stated in the receipts reported by petitioner. Guillermo E. Cua v. People of the Philippines, G.R. No. 166847, November 16, 2011.
Rape; elements. Proof of hymenal laceration is not an element of rape. An intact hymen does not negate a finding that the victim was raped. Penetration of the penis by entry into the lips of the vagina, even without laceration of the hymen, is enough to constitute rape, and even the briefest of contact is deemed rape. People of the Philippines v. Bernabe Pangilinan y Crisostomo, G.R. No. 183090, November 14, 2011.
