The Sandiganbayan has affirmed the graft conviction of incumbent and former officials of Patnongon town in Antique and a private individual in the irregular transfer of ownership of the municipality's P9.9 million rice mill in 2007 and 2008.
Denied were the motions for reconsideration filed by Patnongon Mayor Johnny Flores Bacongallo, Vice Mayor Thomas V. Bacaoco, Councilors Felix Gregorio G. Barrientos and Al Brian T. Crespo; and former mayor Henry A. Mondejar, former councilors Erika C. Orcasitas, Rene Philip G. Cayetano, and Teopisto C. Estaris, Jr.; and Greater Antique Development (GRAND) Cooperative Chairman Efren G. Escavilla.
The criminal charges filed against them stated that in January 2007 to 2008, they conspired with Escavilla and caused the transfer of ownership, operation and maintenance of the P9.9 million rice mill which was intended for the municipality of Patnongon and funded from the Priority Development Assistance Fund (PDAF) of former lone district of Antique Rep. Exequiel B. Javier.
The transfer was reportedly made in favor solely of Grand Coop without any financial consideration, research, study or justification of the necessity of entering into such partnership, the charges also stated.
They were found guilty of violating Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, in a decision promulgated on April 14, 2023. They were also banned perpetually from holding public office.
Javier and Councilor Gemma B. Cepeda have been acquitted after the prosecution failed to prove their guilt beyond reasonable doubt.
Those convicted filed separate motions for reconsideration. Bacongallo argued that the finding of conspiracy against him was not supported by facts and evidence. Mondejar and Esclavilla said that there was no evidence showing how they benefited from the joint venture, while Orcasitas said that the court should practice "discernment" in her case given the "mental capacity of a minor to appreciate the consequences of her unlawful act and not the consequences of her actions."
Crespo, Bacaoco, Cayetano, and Estaris told the anti-graft court that they cannot be faulted for not testing the subject rice mill to its full potential because they were not even elected into office when it was procured. They added that they never participated in the delivery, testing, inspection of the rice mill and in the payment made by Mondejar. Barrientos, on other hand, said that he did not act with evident bad faith, manifest partiality, or gross inexcusable negligence.
In denying their motions, the court said that "the evidence and the totality of the circumstances surrounding the transaction point to the existence of the concerted action of the accused-movants and Grand Coop. in causing undue injury to the government, and giving unwarranted benefits, advantage, and preference to Grand Coop."
"In sum, this Court, after revisiting the facts and circumstances surrounding this case and with a further meticulous scrutiny of the arguments and counter-arguments respectively raised by the accused-movants and the prosecution, this Court, as earlier revealed, finds no cogent reason to alter, amend, revised, or even reverse its decision promulgated on April 14, 2023," the resolution said.
The 19-page resolution was written by Associate Justice Bernelito R. Fernandez with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Ronald B. Moreno.