The Sandiganbayan has affirmed its decision that convicted former Cebu 4th District Rep. Clavel A. Martinez, her son and former Bogo City Mayor Celestino A. Martinez, and six others of graft and malversation in the misappropriation in 2002 of the former legislator’s P24.4 million priority development assistance fund (PDAF) intended for the Girl Scouts of the Philippines (GSP-Cebu Council).
In a resolution, the anti-graft court’s sixth division denied their motions for reconsideration as it reiterated that the prosecution was able to prove their guilt beyond reasonable doubt.
"In fine, the Court has painstakingly taken a second hard look at the issues raised by accused-movants. Nonetheless, no substantial and compelling reason warrants the modification, much less the reversal, of the Court's peremptory conclusion," the court’s resolution said.
In their motions, those convicted raised the issue of inordinate delay and stressed that it took more than three years for the Office of the Ombudsman (OMB) to find probable cause after the complaint was filed.
But the Sandiganbayan said their right to speedy disposition of cases has never been violated. "There was nothing vexatious, capricious, and oppressive which would warrant the precipitate dismissal of the case," it said.
Those convicted also argued that their acts of conspiracy were never really proven beyond reasonable doubt. However, the court also disagreed: "Suffice it to say that the grounds calling for overturning the 'guilty' verdict are nothing but réchauffé.”
Associate Justice Kevin Narce B. Vivero wrote the resolution with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Karl B. Miranda.
Clavel and Celestino, together with Municipal Treasurer Rhett E. Minguez; and Municipal Accountant Cresencio P. Verdida, GSP officers Rhodariza V. Kilantang and Julieta G. Quino were convicted of all three counts of graft and three counts of malversation.
GSP Treasurer Maria Cielo A. Martinez, also the daughter of Clavel, was found guilty in one count each of graft and one malversation. GSP officer Paz C. Radaza was found guilty in two graft and two malversation charges.
The case against their co-accused, GSP officer Alejandrita P. Meca, has been ordered archived because she remains at large.
The Sandiganbayan found that in 2002, the accused misappropriated Clavel's PDAF worth P14.4 million intended as financial assistance to the GSP-Cebu for its Anti-Drug Campaign. The funds went instead to Clavel's Bank of the Philippines (BPI) account, it said.
On June 13, 2002, on the same day that the amount was deposited to the GSP Cebu Council, Clavel withdrew a Land Bank of the Philippines (LBP) check payable to "cash" worth P7.5 million. Simultaneously, Clavel gave the GSP Cebu Council P400,000, which was deemed as a "donation."
On Sept. 18, 2002, Clavel once again withdrew another LBP check, this time payable to her, worth P7.5 million. She then gave another "donation" worth P200,000 to the GSP Cebu Council.
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