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Emiliano Cimafranca, Jr. Vs. Sandiganbayan, Et Al.

EMILIANO CIMAFRANCA, JR., petitioner, vs. SANDIGANBAYAN (Second Division) and PEOPLE OF THE PHILIPPINES, respondents. Caballero, Calub, Aumentado & Associates Law Office for petitioner.

G.R. No. 94408 | 1991-02-14

D E C I S I O N


GANCAYCO, J.:

The question addressed by this petition is whether or not an accountable public officer may be criminally liable for malversation of public property when he fails to return or produce the same upon demand, although after the filing of the information and during the trial he returned the property to the government.

The facts as found by the respondent Sandiganbayan in its questioned decision dated June 26, 1990 are as follows:

"The following facts have been sufficiently established: Accused Emiliano Cimafranca, Jr. was the Provincial Fisheries Inspector of the Province of Bohol from 1980 until his services...