Cimafranca v. Sandiganbayan · G.R. 94408

Petitioner: Cimafranca
Respondent: Sandiganbayan
Citation: G.R. No. 94408
Court: Supreme Court
Division: En Banc
Ponente: Gancayco, J.
Decided: February 14, 1991

Summary

This criminal case involves Emiliano Cimafranca, Jr., a former Provincial Fisheries Inspector of Bohol, who was convicted of malversation of public property for failing to return a government-issued revolver and engine after his appointment expired. Despite repeated demands from authorities starting May 2, 1986, he only returned the property during trial on July 14, 1989, after being charged criminally. The Supreme Court affirmed his conviction, ruling that the return of malversed property during trial is not a defense to criminal liability and can only serve as a mitigating circumstance. The Court emphasized that Article 217's presumption of personal use when public property cannot be produced upon demand was not overcome by petitioner's incredible explanations. The case establishes that delayed return of public property after criminal charges does not absolve liability for malversation.

Statutes applied

Revised Penal Code, Art. 217

Related cases

Other Philippine cases on the same provisions and issues.

People v. Soliva G.R. No. 268309
Cabrera v. People G.R. No. 275887
People v. Mingoa G.R. No. L-5371
People v. Livara G.R. No. L-6201
People v. Uy G.R. No. 157399
People v. Miranda G.R. No. L-16122
Elbanbuena v. Sandiganbayan G.R. No. 237721
Gonzales v. People G.R. No. 237584
Biñas v. People G.R. No. 226207
Candao v. People G.R. No. 186659
El Pueblo de Filipinas v. Velasquez G.R. No. 47741
People v. Corpuz G.R. No. 241383

By the Intellegal Editorial Board · February 14, 1991

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