The Sandiganbayan has affirmed its decision that convicted former Sarangani governor Miguel D. Escobar and a former employee of graft and malversation of public funds amounting to P450,000 in 2002.
Escobar and former management analyst Alexis Jude K. Dela Cruz filed motions for reconsideration. They claimed there was inordinate delay in the resolution of the cases filed against them and that their guilt was not proven beyond reasonable doubt.
The former governor also told the anti-graft court that his approval of the disbursement voucher was made in good faith since he merely relied on the review and actions of his subordinates.
Dela Cruz, on the other hand, also claimed that his only participation in the cases was his act of certifying availability of funds, which was not indicated in the crime charged.
They were sentenced to a jail term of six to 10 years each for graft and malversation convictions. They were also barred perpetually from holding public office and ordered to pay a fine of P5,000 for malversation.
At the same time, the anti-graft court found them civilly liable in both cases and were ordered to jointly and severally return P450,000 to the Bureau of Treasury.
The P450,000 in provincial government funds was disbursed on May 29, 2002 to the Malapatan Fishermen's Group. The prosecution was able to prove that the fishermen did not receive the amount even after the check had been encashed.
In denying their motions for reconsideration, the Sandiganbayan ruled: "After a careful review of the arguments raised before this Court, we find no valid reason to grant the Motions for Reconsideration filed by accused Escobar and Dela Cruz."
"A cursory reading of the motions reveal that no new issue was raised therein. The issues and arguments mentioned were mere rehash of what have been raised in their previous pleadings that were fully considered and squarely addressed and found to be without merit by this Court," it said.
Associate Justice Kevin Narce B. Vivero wrote the eight-page resolution with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Michael Frederick L. Musngi.