B Fernando's Cash Gift from MMFF - Technical Malversation

MMDA chairman Bayani Fernando has been the subject of an investigation by the Senate for receiving cash gift from the Metro Manila Film Ferstival’s executive committee. He was defended by MMDA Atty Emmanuel De Castro, assistant general manager for operations and concurrent head, MMDA’s Legal Service Department, cited that Article 220 of the Revised Penal Code defined that the act itself of receiving cash gifts does not constitute technical malversation.

“Technical malversation is the use of a public fund or property for any public use other than for which such fund or property were appropriated by law. How come there could be a technical malversation when the Metro Manila Film Festival’s executive committee did not use its funds intended for its beneficiaries,” De Castro asked.

Revenue of the film festival and fund-raising activities sponsorships and donations were the sources of the MMFF income. Atty de Castro said in Fernando’s case, the nominal amount given to him by the MMFF’s executive committee was sourced from the MMFF’s sponsorships and private donation. Fernando was not even aware of the deliberations of the MMFF’s executive committee on the grant of the honorarium to him, he said.

Source: Philstar Jose Rodel Clapano

How do we really say a transaction is subjected to technical malversation? If a public official receives some cash gift are they answerable to it? cash gift I should say would be different from his honorarium.