Husband and wife who were former mayors of Amulung town in Cagayan have been convicted of graft and malversation by the Sandiganbayan for illegal disbursement of P18.7 million public funds from 2002 to 2009.
Former mayor Nicanor C. de Leon and his spouse, former mayor Pacita N. de Leon, were found guilty of one count each of graft and one count each of malversation.
Former municipal treasurer Luzviminda L. Macasio was convicted of two counts of graft and two counts of malversation.
They were sentenced to six to 10 years imprisonment for each of their graft conviction. For malversation, Nicanor and Macasio were sentenced to 10 to 18 years, while Pacita and Macasio were sentenced to 10 to 13 years.
Nicanor and Macasio were each ordered to pay a fine of P16,340,959.04 for malversation, while Pacita and Macasio were each ordered to pay a fine of P2,332,182.61.
For civil liability, Nicanor and Macasio were ordered to refund to the Bureau of Treasury P16,340,959.04 plus interest, while Pacita and Macasio were ordered to pay back P2,332,182.61 also with interest.
Due to her death while the cases were pending, the charges against former municipal accountant Maria B. Remudaro had been dismissed.
Nicanor and Macasio were found to have released municipal funds through the issuance and encashment of Land Bank of the Philippines (LBP) checks amounting to P16,340,959.04 from Oct. 2, 2002 to July 2, 2007. The second set of graft and malversation charges against Pacita and Macasio involved P2,332,182.61 from Aug. 30, 2007 to Jan. 2009.
In a decision promulgated last Nov. 3, the Sandiganbayan said the accused "were united not only in the perpetration of fraud, but also in its concealment."
"She and her spouse have failed to present adequate evidence that can nullify any likelihood that she/he, together with accused Macasio and Remudaro, had put Amulung's funds to personal use," the anti-graft court said.
"Since they had failed to explain satisfactorily the shortage in Amulung's accounts following Commission on Audit’s demand, the prima facie cases have not been effectively negated," it said.
Associate Justice Kevin Narce B. Vivero wrote the 134-page decision with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Karl B. Miranda.
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