The Sandiganbayan has affirmed the conviction of the assistant municipal treasurer of Pagsanjan town in Laguna for malversation of public funds involving P483,529.31 in 2005.
Affirmed was the Dec. 16, 2021 decision of the Sta. Cruz, Laguna regional trial court (RTC) which sentenced Elizalde G. Gabaleño to imprisonment ranging from four to 11 years with perpetual disqualification to hold public office. He was also ordered to pay a fine of P483,529.31.
Gabaleño appealed the RTC’s decision before the Sandiganbayan. He claimed that the Commission on Audit (COA) merely stated in its reports that there was a cash shortage of P483,529.31 but there was no explanation as to whether the money was indeed funds of the municipality.
He also alleged that since there was no proof that the funds were indeed public in character, it follows that there was no proof he received the amount.
But the Sandiganbayan denied his allegations. "Evidence on records show... that the shortage on the accountabilities of accused Gabaleño was based on official receipts which were recorded in the cash book and his remittances in the Land Bank were verified," the court said.
"After a thorough review of the records of this case, the evidence presented in the court a quo, and the arguments put forth by the parties in their respective briefs in accordance with the well-settled rule that the appeal confers the appellate court full jurisdiction over the case and renders such court competent to examine records... the Court resolves to affirm the RTC's judgment of conviction of accused-appellant beyond reasonable doubt of the crime of malversation of public funds," it ruled.
Fifth Division Chairperson Rafael R. Lagos wrote the 17-page decision with the concurrence of Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac.