By Czarina Nicole Ong-Ki
The Sandiganbayan Fifth Division has given due course to the Application for Probation filed by former Antique municipal trial court (MTC) clerk of court Jingkey B. Nolasco after being found guilty of two malversation charges.
In light of Nolasco’s admission of guilt, she was earlier sentenced to suffer imprisonment of six months, one day to two years and four months of prison correccional, as minimum, to six years of prison correccional, as maximum, and pay a fine of P27,800.
For the second malversation charge, Nolasco was sentenced to imprisonment of four years, two months and one day to six years of prison correcional as minimum to eight years, one day to 10 years of prison mayor as maximum as well as a fine of P60,000.
She and her co-accused, Judge Ma. Monina S. Misajon, were both perpetually disqualified from holding public office.
On October 21, Nolasco filed her Application for Probation. She wished to avail of the benefits of the Probation Law of the Philippines. During the hearing on October 25, the prosecution said it will not oppose her probation as long as she pays the fine imposed.
In its ruling, the anti-graft court said the grant of probation was not a right of the accused by a privilege – an act of grace and clemency conferred by the state.
After considering the potentiality of Nolasco to reform, together with the demands of justice and public interest, the anti-graft court decided that Nolasco was found eligible for the benefits and privileges of the Probation Law.
Her probation was conditioned on her payment of the fines imposed – P27,800 and P60,000.
The five-page resolution was written by Associate Justice Maria Theresa Mendoza-Arcega.
Misajon and Nolasco were convicted for violating Article 217 of the Revised Penal Code for conspiring with one another and misappropriating P27,800, which represented proceeds of over-withdrawn amount from the Fiduciary Fund on June 11, 2004. On July 2, 2004, they did the same thing with the amount of P60,000.