DPWH clerk pleads guilty to lesser offenses in 'ghost repairs' of vehicles; gets lighter penalties


A clerk at the Department of Public Works and Highways (DPWH) pleaded guilty to lesser offenses, instead of graft and estafa through falsification of public documents, and was sentenced to one year imprisonment in 20 cases and three months and 11 days jail term in 20 other cases involving ghost repairs of vehicles in 2001.

The Sandiganbayan also disqualified clerk Edgar V. Agbunag from holding public office for life and ordered to pay DPWH P494,500.

Agbunag was one of the DPWH officials and personnel charged in the ghost repairs of vehicles.  He and the other accused were charged with falsifying 20 job order requests and disbursement vouchers.  The prosecution said the accused made it appear that the DPWH vehicles underwent repairs and replacement of spare parts although no such jobs were done.

Last April 14, Agbunag pleaded not guilty when arraigned on his graft and estafa through falsification of public documents.  He then manifested during the pre-trial that he would enter into a plea bargaining agreement which is a process of pleading guilty to a lesser offense for a lesser penalty.

During the Sept. 27 hearing, the Office of the Special Prosecutor confirmed the approval by the Office of the Ombudsman of the plea bargaining proposal of Agbunag. 

Instead of graft, he pleaded guilty to a lesser offense of violation of the Code of Conduct and Ethical Standards for Public Officials and Employees; and simple estafa instead of estafa through falsification of public documents.

"The motion of accused Agbunag to withdraw his earlier plea of not guilty in all charges filed against him, to be able to plead guilty to a lesser offense, is thus granted," the Sandiganbayan said. 

"The mitigating circumstance of the plea of guilty will be appreciated in favor of the accused as the change of plea was made prior to the presentation of evidence by the prosecution," it said. 

The 15-page decision was written by Seventh Division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.