In misappropriation of funds, can a conviction be based on a prima facie presumption?
Article 217 of the Revised Penal Code makes clear that “failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon demand by any duly authorized officer,” merely gives rise to a prima facie presumption “that he has put such missing finds or property to personal use.” A conviction may be founded on the presumption notwithstanding that there is no direct evidence of misappropriation, if the public officer fails to satisfactorily explain the shortage in his accounts. But the presumption, being merely prima facie, may be rebutted and destroyed by competent proof that the accountable officer has not in truth put the funds or property in question to personal use.
