We AFFIRM the entire ruling of the Court of Appeals.
After a thorough review of the records of this case, particularly the issues proffered by petitioner, we adopt the findings of the appellate court. We find no reversible error in the ruling which is eloquently supported by existing jurisprudence.[32]
We agree with the CA’s disquisition that the lower court’s grant of the demurrer to evidence of petitioner Zafra was attended by grave abuse of discretion. The prosecution’s evidence was, prima facie, sufficient to prove the criminal charges filed against her for her inexcusable negligence, subject to the defense that she may present in the course of a full-blown trial. The lower court improperly examined the prosecution’s evidence in the light of only one mode of committing the crimes charged; that is, through positive acts. The appellate court correctly concluded that the crime of malversation may be committed either through a positive act of misappropriation of public funds or passively through negligence by allowing another to commit such misappropriation.[33]
