Ex-Cebu mayor pleads guilty to lesser offense
Published Jan 28, 2020 12:00 am
By Czarina Nicole Ong-Ki
Former Carcar Mayor Mario Patricio Paraz Barcenas of Cebu has pleaded guilty to a lesser offense instead of graft before the Sandiganbayan Seventh Division in relation to the 2011 fertilizer fund scam case.
Sandiganbayan (MANILA BULLETIN FILE PHOTO)
Barcenas was initially accused of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act due to his involvement in the questionable purchase of 166 liters or bottles of foliar fertilizers with brand name Ferti King Foliar Fertilizer at P1,500 per bottle through direct contracting. The purchase was made from M.M. Castillo General Merchandise.
During his arraignment on September 10, 2018, Barcenas entered a "Not Guilty" plea. But at the presentation of prosecution evidence on September 16, 2019, Barcenas manifested his intention to plea bargain with the prosecution and enter a "Guilty" plea to the lesser offense of Failure of Accountable Officer to Render Accounts as defined under Article 218 of the Revised Penal Code.
For its part, the prosecution was in full support of the plea bargaining as it no longer intends to present evidence against Barcenas and the Ombudsman has given his approval to the plea bargaining agreement.
In the decision promulgated on January 22, the anti-graft court approved their plea bargaining agreement, especially since the act of having failed to render an account can also be seen as tantamount to causing undue injury to the government, which is another element of the original offense charged.
"Clearly, this Court cannot compel the prosecution to continue prosecuting the case by virtue of its agreement that accused be allowed to plea bargain to a lesser offense," the decision read. "Let a plea of guilty be thus entered into the records of the case."
Instead of facing a possible prison sentence, Barcenas was imposed a penalty of P5,000. For his civil liability, on account of his willingness to shoulder the amount of P249,000 as his unliquidated account, Barcenas was likewise directed to pay back that amount to Carcar City.
His co-accused, former Municipal Agriculturist Roque Rellon Sarcauga, was earlier imposed the civil liability amounting to P125,000. The anti-graft court said this liability may be considered a joint one.
The nine-page decision was penned by Seventh Division Chairperson Ma. Theresa Dolores Gomez-Estoesta with the concurrence of Associate Justices Georgina Hidalgo and Bayani Jacinto.
Sandiganbayan (MANILA BULLETIN FILE PHOTO)
Barcenas was initially accused of violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act due to his involvement in the questionable purchase of 166 liters or bottles of foliar fertilizers with brand name Ferti King Foliar Fertilizer at P1,500 per bottle through direct contracting. The purchase was made from M.M. Castillo General Merchandise.
During his arraignment on September 10, 2018, Barcenas entered a "Not Guilty" plea. But at the presentation of prosecution evidence on September 16, 2019, Barcenas manifested his intention to plea bargain with the prosecution and enter a "Guilty" plea to the lesser offense of Failure of Accountable Officer to Render Accounts as defined under Article 218 of the Revised Penal Code.
For its part, the prosecution was in full support of the plea bargaining as it no longer intends to present evidence against Barcenas and the Ombudsman has given his approval to the plea bargaining agreement.
In the decision promulgated on January 22, the anti-graft court approved their plea bargaining agreement, especially since the act of having failed to render an account can also be seen as tantamount to causing undue injury to the government, which is another element of the original offense charged.
"Clearly, this Court cannot compel the prosecution to continue prosecuting the case by virtue of its agreement that accused be allowed to plea bargain to a lesser offense," the decision read. "Let a plea of guilty be thus entered into the records of the case."
Instead of facing a possible prison sentence, Barcenas was imposed a penalty of P5,000. For his civil liability, on account of his willingness to shoulder the amount of P249,000 as his unliquidated account, Barcenas was likewise directed to pay back that amount to Carcar City.
His co-accused, former Municipal Agriculturist Roque Rellon Sarcauga, was earlier imposed the civil liability amounting to P125,000. The anti-graft court said this liability may be considered a joint one.
The nine-page decision was penned by Seventh Division Chairperson Ma. Theresa Dolores Gomez-Estoesta with the concurrence of Associate Justices Georgina Hidalgo and Bayani Jacinto.