The Sandiganbayan has affirmed the conviction of retired Philippine Navy (PN) Rear Admiral Gilmer B. Batestil for 20 counts of malversation of public funds and 16 counts of graft in the irregular and anomalous procurement of medicines and other medical and dental supplies in 1990 and 1991.

Also affirmed was the guilty verdict imposed on private individual Victoriano Chua for four counts of graft.

Batestil and Chua had been sentenced to prison terms ranging from 12 to 16 years for each count of malversation of public funds, and from six to 10 years for each count of graft.

In the case of Batestil, the anti-graft court ordered him to pay a fine of P17,093,717 and to indemnify the government of the same amount with six percent interest per annum until fully paid. He was also barred perpetually from holding public office.

The motions filed by Batestil and Chua to reconsider the Sandiganbayan’s decision handed down on Sept. 16, 2022 were denied in a resolution issued last Jan. 4 by Presiding Justice Amparo M. Cabotaje-Tang with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.

The Sandiganbayan said:

“The Court finds the subject motions for reconsideration devoid of merit.

“Indeed, the accused-movants (Batestil and Chua) have not raised any new or substantial matter to warrant the reversal of the assailed Decision.

“In sum, the testimonial and documentary evidence of the prosecution clearly proved that the accused-movants are guilty of the crimes charged against them. Thus, there is no tenable ground to warrant a reconsideration of the subject Decision.

“WHEREFORE, the Court DENIES accused Gilmer B. Batestil's Motion for Reconsideration dated Sep. 30, 2022 and accused Victoriano Chua's Motion for Reconsideration dated Sept. 29, 2022 and Supplemental Motion for Reconsideration dated Oct. 03, 2022, of the Court's Decision promulgated on Sept. 16, 2022, both for lack of merit. SO ORDERED.”

In its Sept. 16, 2022 decision, the Sandiganbayan also convicted Edna R. Gianan, owner of ERG Marketing, of nine counts of malversation and five counts of graft, and Ermina L. Castillo of one count of graft. It was not known immediately if they filed motions for reconsideration.

The decision also acquitted Batestil in four counts of graft, Gianan in one graft charge, and Castillo in 18 graft charges.

The other accused who were acquitted included retired Capt. Julian L. Advincula, Supply Officer Cirilo Saldon, Capt. Jesus T. Durian, Capt. Swen P. Mamhot, Celso Tablante, Assistant Logistics Officer Virgilio Ortega, Lourdes S. Cobarrubias, Emmanuel D. Gob, Capt. Benjamin P. Quines, Dario T. Fajardo, retired Commodore Plaridel Garcia, retired Commodore Rene Leandro R. Ebro, Commander Julito Casilan II, and Manuel R. Tuazon.

The decision also stated that only Capt. Walter E. Briones and Vice Admiral Mariano J. Dumancas Jr. were charged with Section 4(a) of R.A. 6713. Briones had remained at large and the case against him had been archived, while Dumancas Jr. had died and the charges against had been dismissed.

During trial, the anti-graft court said that Batestil held the position of procurement officer who was in charge of preparing purchase orders (POs) and disbursement vouchers (DVs). By his own admission, payments would not have been made had the DVs subject of this case not passed through his office, it said.

Gianan admitted that she received the checks representing payments for the medicines and medical supplies, the court said. However, the prosecution's evidence was able to prove that Gianan did not deliver anything to the Philippine Navy, it said.

"Despite this non-delivery, she was allowed to take huge amount of money from the government to its grave damage and prejudice," it added.

The court also said that ERG Marketing had no license as a drug retailer or distributor, and the audit team could not even locate the alleged store of ERG Marketing at its given address.

“Here, the acts of accused Batestil in signing the subject POs and DVs and the acts of accused Gianan in signing the POs and DVs and thereafter encashing the checks show the concurrence of will and unity of purpose between the said accused in defrauding the government,” the court ruled.

In the case of Chua, the court said the prosecution’s evidence clearly established that he was able to encash 22 checks issued in his name without the duly approved DVs and supporting documents.

TAGS: #Sandiganbayan #Philippine Navy #Batestil