The Supreme Court (SC) has acquitted former Mayor Carlos R. Asuncion of Sta. Catalina, Ilocos Sur in the 2012 grant of P400,000 loans sourced from tobacco excise taxes to finance the livelihood programs of the four chapters of the town’s Bayanihan ng Kababaihan, a non-government and civil society organization.
Also acquitted were Mamelfa R. Amongol, Genoveva R. Ragasa, Rosita Ragunjan and Virginia R. Rafanan who were the presidents of Bayanihan ng Kababaihan in Cabittaogan, Subec, Paratong, and Sinabaan chapters from 2007 until 2016.
The SC decision was written by Associate Justice Ricardo R. Rosario and was made public last July 12.
Asuncion and his co-accused were charged with eight counts of graft and four counts of malversation of public funds by the Office of the Ombudsman (OMB) in 2017 and the Sandiganbayan convicted them of all the charges in 2019.
The anti-graft court, on ruling that there was conspiracy, sentenced them to jail terms ranging from six to 10 years for each count of graft, and two to six years for each count of malversation with perpetual disqualification to hold public office. They elevated their cases to the SC.
Case records showed that the private complainant before the OMB was Jonathan Amando R. Redoble, “who lost his bid for the Sangguniang Bayan in the May 2013 national and local elections.” Amando is the son of Juan Robles, a mayoralty candidate who lost to Asuncion in the 2007, 2010, and 2013 mayoralty elections in Sta. Catalina.
In filing the criminal charges, the OMB alleged, among other things, that the four chapters of the Bayanihan ng Kababaihan had no legal personality or qualifications to receive funds sourced from the town’s share of in the 2010 tobacco excises taxes.
The OMB claimed that the four chapters of the organization did not submit the documents required by Commission on Audit, not registered with either the Securities and Exchange Commission (SEC) or the Department of Labor and Employment (DOLE), not accredited by the town’s bids and awards committee, and not an association of tobacco farmers who are authorized to receive a portion of the municipality's share of the tobacco excise taxes.
It also alleged that Asuncion was not authorized by the Sangguniang Bayan, through an appropriation ordinance, to enter into a Memorandum of Agreement (MOA) with the four chapters of the organization in the grant of financial assistance, and that the former mayor acted with partiality since his wife was the president of federation of the chapters of Bayanihan ng Kababaihan.
Asuncion, for his part, said he had been authorized by the Sangguniang Bayan to enter into an agreement with the Bayanihan ng Kababaihan which had been accredited as a community-based non-government and civil society organization since 2007, and empowered to sign contracts and obligations in behalf of the municipality.
He also pointed out that he acted in good faith on his belief that the chapters of the organization, composed of rural workers and farmers, were qualified to avail themselves of financial assistance because the law on tobacco excise tax did not state that non-tobacco farmers were specifically disallowed or excluded from the benefits of the taxes.
At the same time, Asuncion said that the four chapters of the organization paid back the loans in 2016 after the COA issued notice of disallowance prior to the filing of the criminal charges against them.
For their part, the four chapter presidents said their groups have legal personality to enter into an agreement with the municipality, that tobacco farmers reside within their chapters or barangays, that the funds they received were not financial assistance or dole outs but loans for livelihood programs, and that they paid back the loans when ordered to do so.
“After a judicious examination of the records and submissions of the parties in this case, the Court finds that the facts and evidence presented by the prosecution failed to prove the guilt of accused-appellants beyond reasonable doubt,” the SC said.
It also said in its decision:
“In the instant case, the grant of the loans to the subject Bayanihan chapters was based on accused-appellant Mayor Asuncion's mistaken belief in good faith that accused-appellant chapter presidents were qualified to obtain livelihood loans from the Municipality's share of tobacco excise taxes under Republic Act No. 7171.
“What is more, the prosecution failed to establish that accused-appellants had taken and given a bribe in return for the loans granted. The record is absolutely bereft of any evidence showing how any of the accused-appellants had personally gained from the transaction.
“To reiterate, when the COA disallowed the amounts disbursed for the loans to the Bayanihan chapters, the latter immediately paid their loans. This circumstance strengthens the conclusion that accused-appellants were not animated by any corrupt intent, dishonest design, or unethical interest.
“In order to rule on the presence of conspiracy, there must be positive and clear evidence showing each of the accused's conscious and intentional participation in the planning, preparation, and execution of the crime charged.
“However, from the evidence adduced by the prosecution, the Court finds that no clear nexus exists to prove a unity of action and purpose between and among accused-appellants to give unwarranted benefit or privilege to the accused chapter presidents of the Bayanihan ng Kababaihan resulting in damage to the government.
“There being no conspiracy between the accused-appellants, the acquittal of accused-appellant Mayor Asuncion carries with it the acquittal of his co-accused Amongol, Ragunjan, Ragasa and Rafanan in the absence of any other evidence proving their guilt of the offenses charged.
“WHEREFORE, the appeal is GRANTED and the Decision dated May 17, 2019 of the Sandiganbayan (Fourth Division) in the following 12 consolidated cases: Case Nos. SB-l 7-CRM-1393, -94, -95 and -96, for Violation of Section 3(e) of Republic Act No. 3019; Case Nos. SB-l 7-CRM-1397, -98, -99 and -1400, for Violation of Section 3G) of Republic Act No. 3019 and Case Nos. SB-l 7-CRM-1401, -02, -03 and-04, for Malversation of Public Funds, and its Resolution dated Aug. 14, 2019 denying reconsideration thereof are REVERSED and SET ASIDE.
“Accused-appellants Carlos R. Asuncion, Mamelfa R. Amongol, Genoveva R. Ragasa, Rosita Ragunjan and Virginia R. Rafanan are ACQUITTED for failure of the prosecution to prove their guilt of the offenses charged beyond reasonable doubt. Let an ENTRY OF JUDGMENT be issued IMMEDIATELY. SO ORDERED.”