Facts: Petitioner seeks reversal of the lower court’s decision finding him guilty for malversation of public funds. The accused was the acting supervising cashier at the Provincial Treasurer’s office. He denied having misused the whole amount of P72,823.08 which was discovered to be a shortage from the government funds contending that the P50,000.00 was the unliquidated withdrawal made by their paymaster Pineda thru the 4 checks he issued while the petitioner was on leave and that he was forced by their Provincial Treasurer Aluning to post said amount in his cash book despite not actually receiving the amount.
Issue: Whether or not the court erred in observing the presumption of innocence of the accused of the charge against him
Held: It is held that presumption of innocence of the accused should yield to the positive findings that he malversed the government funds considering all the evidences presented that point out to his guilt on the charge imputed against him. Records shows that the checks issued for the paymaster were duly liquidated to the accused and there were inconsistent entries on his cash books and that he was not really on leave on the day the said checks were disbursed by the paymaster.
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