Ex-Camarines Norte governor acquitted of graft, malversation charges
Published Oct 11, 2019 06:58 pm
By Czarina Nicole Ong-Ki
The Sandiganbayan Second Division has acquitted former Camarines Norte Governor Jesus Typoco Jr. and two others of their graft and malversation through falsification charges due to the insufficiency of the prosecution's evidence.
Sandiganbayan (MANILA BULLETIN)
Typoco Jr., together with former Provincial Treasurer Lorna Coreses and Schools District Superintendent Ariston Villareal, were initially charged with a violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Article 217 in relation to Articles 171 and 48 of the Revised Penal Code, also known as Malversation thru Falsification of Public Documents.
On September 22, 2005, the three of them reportedly caused undue injury to the provincial government of Camarines Norte when they released P300,000 from the Special Education Fund allegedly for financial assistance intended for the repair and maintenance of two-unit computer room of Daet Elementary School, represented by Rona Obusan.
However, they made this release despite knowing that there was no financial assistance extended to Daet Elementary School. At the same time, Obusan was not authorized to receive the financial assistance since she is not connected with the school.
In its ruling, the anti-graft court said that the prosecution failed to sufficiently prove all of the elements of the crimes charged.
For their graft charge, the court said that the third element - which is the commission of the crime through manifest partiality, evident bad faith or gross inexcusable negligence - was not established.
There was no proof that they signed the allotment and obligation slip (ALOBS) and voucher with malicious intent, since "these documents have been signed by the concerned officers tasked to inspect and authenticate accompanying documents and certify as to the availability of funds."
So when Typoco Jr. affixed his signature to the documents, it had already been certified by his subordinates and he relied merely on the "presumption of regularity in the execution of the subject documents."
As for their malversation through falsification charge, the court ruled that the fourth element of the crime - which is the misappropriation of public funds or property - was lacking.
"It was never sufficiently proven that the proceeds of the said financial assistance in the amount of P300,000 were pocketed by the three accused or that they permitted another to pocket the same through their negligence or abandonment," the decision stated.
The cash bond of the three accused of P130,000 each has been ordered released by the anti-graft court. They initially had to pay P30,000 for graft and P100,000 for malversation thru falsification as bail bond for their provisional liberty.
The 49-page decision was written by Associate Justice Lorifel Pahimna with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi.
Sandiganbayan (MANILA BULLETIN)
Typoco Jr., together with former Provincial Treasurer Lorna Coreses and Schools District Superintendent Ariston Villareal, were initially charged with a violation of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and Article 217 in relation to Articles 171 and 48 of the Revised Penal Code, also known as Malversation thru Falsification of Public Documents.
On September 22, 2005, the three of them reportedly caused undue injury to the provincial government of Camarines Norte when they released P300,000 from the Special Education Fund allegedly for financial assistance intended for the repair and maintenance of two-unit computer room of Daet Elementary School, represented by Rona Obusan.
However, they made this release despite knowing that there was no financial assistance extended to Daet Elementary School. At the same time, Obusan was not authorized to receive the financial assistance since she is not connected with the school.
In its ruling, the anti-graft court said that the prosecution failed to sufficiently prove all of the elements of the crimes charged.
For their graft charge, the court said that the third element - which is the commission of the crime through manifest partiality, evident bad faith or gross inexcusable negligence - was not established.
There was no proof that they signed the allotment and obligation slip (ALOBS) and voucher with malicious intent, since "these documents have been signed by the concerned officers tasked to inspect and authenticate accompanying documents and certify as to the availability of funds."
So when Typoco Jr. affixed his signature to the documents, it had already been certified by his subordinates and he relied merely on the "presumption of regularity in the execution of the subject documents."
As for their malversation through falsification charge, the court ruled that the fourth element of the crime - which is the misappropriation of public funds or property - was lacking.
"It was never sufficiently proven that the proceeds of the said financial assistance in the amount of P300,000 were pocketed by the three accused or that they permitted another to pocket the same through their negligence or abandonment," the decision stated.
The cash bond of the three accused of P130,000 each has been ordered released by the anti-graft court. They initially had to pay P30,000 for graft and P100,000 for malversation thru falsification as bail bond for their provisional liberty.
The 49-page decision was written by Associate Justice Lorifel Pahimna with the concurrence of Chairperson Oscar Herrera Jr. and Associate Justice Michael Frederick Musngi.