'Cash gifts do not constitute technical malversation'

MANILA, Philippines - Receiving cash gifts do not constitute technical malversation, an official of the Metropolitan Manila Development Authority said yesterday.

Lawyer Emmanuel De Castro, MMDA 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.

De Castro made the statement in defense of MMDA chairman Bayani Fernando who has been the subject of an investigation by the Senate for receiving cash gift from the Metro Manila Film Ferstival’s executive committee. “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.

He said the MMFF has two types of funds, one that comes from the revenue of the film festival and another from the organization’s fund-raising activities, sponsorships and donations. He 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.

“The executive committee, in recognition of chairman Fernando’s invaluable contribution to the film industry, came to a decision to grant him a nominal amount equivalent to his stature,” De Castro said.

De Castro said Fernando was not even aware of the deliberations of the MMFF’s executive committee on the grant of the honorarium to him. He said he is puzzled by the insistence of Fernando’s critics that he should be held liable for accepting the money given to him by the MMFF when, in fact, the money is a private fund.

“The MMFF is a private business organization maintaining its own private funds derived from private sources,” De Castro said.