Article 217Malversation of public funds or property-Presumption of malversation

Malversation of public funds or property-Presumption of malversation.

-Any public officer who, by reason of the 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, or shall otherwise be guilty of the misappropriation or malversation of such funds or property, shall suffer:

1. The penalty of prision correccional in its minimum and medium periods, if the amount involved in the misappropriation or malversation does not exceed 200 pesos.

2. The penalty of prision correccional in its maximum period to prision mayor in its minimum period, if the amount involved is more than 200 pesos but does not exceed 6,000 pesos.

3. The penalty of prision mayor in its medium and maximum periods, if the amount involved is more than 6,000 pesos but is less than 12,000 pesos.

4. The penalty of reclusion temporal in its minimum and medium periods, if the amount involved is more than 12,000 pesos but is less than 22,000 pesos. If the amount exceeds the latter, the penalty shall be reclusion temporal in its medium and maximum periods.

In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine ranging from one-half to the total value of the funds or property embezzled.

The 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, shall be prima facie evidence that he has put such missing funds or property to personal uses.