The Sandiganbayan has affirmed the conviction of the former president of the now defunct National Agribusiness Corporation (NABCOR) for paying P4.7 million to a financial advisor without documentary evidence to support the payment claim.
In a resolution, the anti-graft court denied the motion for reconsideration filed by Honesto F. Baniqued who had been sentenced to a prison term ranging from six to eight years for violation of the Anti-Graft and Corrupt Practices Act.
NABCOR was engaged in the production of livestock and agriculture products and was an attached corporation of the Department of Agriculture (DA).
The graft charge against Baniqued arose from the hiring of Rodolfo V. Romero as NABCOR’s financial advisor.
The prosecution told the Sandiganbayan that Baniqued allowed the payment of P4.7 million which represented Romero's 50 percent claim of the stipulated remuneration in the Contract of Service, despite lack of sufficient documentary evidence to support the payment claim.
In its decision, the Sandiganbayan said that Romero's engagement as financial advisor was not in accordance with the procedures prescribed under Republic Act No. 9184, the Government Procurement Reform Act.
"This Court maintains its ruling that as proven by Prosecution's evidence, accused Baniqued's guilt has been very well-established beyond reasonable doubt," Sandiganbayan’s resolution dated last May 6 stated.
The resolution was written by Fifth Division Chairperson Rafael R. Lagos with the concurrence of Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Manalac.