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Azarcon v. Sandiganbayan
Azarcon v. Sandiganbayan
business which hauls dirt and ore. Occasionally, he engaged the services
of sub-contractors like Jaime Ancla who owns trucks that are left at the
premises of Azarcon.
Due to delinquency, the BIR issued a Warrant of Distraint of Personal
Property for Azarcon to distraint the goods, chattels or effects and other
personal proper of Jaime Ancla which were previously under the custody
of Azarcon. Azarcon signed an undertaking assuming custody and
responsibility over the property of Ancla, an Isuzu dump truck.
Subsequently, Ancla cut ties with Azarcon and took the equipment.
Because of this, Azarcon wrote the BIR, relinquishing his responsibilities
over the property.
The BIR rejected Azarcons request to relinquish his responsibilites.
Azarcon and Ancla were charged with the crime of malversation of
public funds or property before the Sandigaybayan. Azarcon moved to
dismiss the case alleging that the Sandiganbayan did not have
jurisidiction because he is a private individual and not a public officer.
The motion was denied. After hearing, the Sandiganbayan decided
against the accused. Subsequent Motion for reconsideration was also
denied. Hence the case at bar.