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Rogelio Juan vs People

ROGELIO JUAN, PEDRO DE JESUS, DELFIN CARREON and ANTONIO GALGUERRA, petitioners, vs. PEOPLE OF THE PHILIPPINES, respondent.

G.R. No. 132378 | 2000-01-18

D E C I S I O N

PANGANIBAN, J.:

Unlawful and unauthorized use of government property by incumbent public officers constitutes fraud. Thus, the provision on preventive suspension in the Anti-Graft Law applies to such officers even if the alleged violations are primarily considered as election offenses.

The Case

Before us is a Petition for Review under Rule 45 assailing the October 14, 1997 Decision1 and the January 26, 1998 Resolution of the Court of Appeals2 (CA) in CA-GR SP No. 43903.3  The assailed Decision dismissed the Petition for Certiorari filed by the petitioners. In that Petition, they questioned the April 3, 1997...