Former Mayor Angel Viray Peliglorio Jr. of Mariveles, Bataan and Izumo Contractors, Inc. President and Chief Executive Officer Cedric C. Lee have been convicted by the Sandiganbayan of malversation charges involving P23.47 million for the construction of Mariveles Public Market in 2005.
They were sentenced to imprisonment of 12 to 18 years and slapped with a fine of P23,470,500, equivalent to the amount malversed. Their conviction also carries with it the penalty of absolute perpetual disqualification from holding public office.
But Peliglorio and Lee were acquitted of their graft charge due to the failure of the prosecution to prove their guilt beyond reasonable doubt.
Their graft charge stemmed from the transfer of P14,056,084.43 to Izumo Contractors "even without procedural safeguards, guarantee of performance, and in violation of Commission on Audit rules as advance payment for the construction of Mariveles Public Market" on March 27, 2005.
In its 54-page decision, the anti-graft court said that none of the "safeguards" were complied with before the amount of P23,470,500 was released to Izumo Contractors.
The conspiracy of the two accused became evident for the court when Lee wrote a letter dated March 26, 2007 requesting for the advance mobilization funds/down payment and financial charges in the amount of P23,470,500.
A day after writing the letter, Lee wrote a letter to Landbank requesting for the said payment. This enabled him to encash P19,442,267.48.
Lee said in his defense that he already rendered services to Mariveles, such as the detailed architectural design, engineering design, geo-technical study, comprehensive feasibility study, and environmental compliance. However, the court said that nothing in the documents he submitted could prove that Izumo is entitled to a lump sum payment of P19,442,267.48.
"After a careful scrutiny of the records and through evaluation of the evidence adduced by the parties, this court is convinced, beyond a reasonable doubt, that accused Peliglorio Jr. and accused Lee committed malversation, punished under Article 217 of the Revised Penal Code, as amended," the Sandiganbayan said.
Associate Justice Bernelito R. Fernandez wrote the 54-page decision with the concurrence of Presiding Justice Amparo M. Cabotaje Tang and Associate Justice Ronald B. Moreno.