The Sandiganbayan stood pat on its decision that affirmed the conviction for graft and malversation of a former barangay chairman in Kapalong, Davao del Norte in the sale of a dump truck owned by his village in 2006.
Affirmed was the conviction of Arthur B. Lontoc, chairman of barangay Pag-asa in Kapalong town. He had been convicted by the Tagum City regional trial court (RTC). He appealed his case to the Sandiganbayan which affirmed the RTC’s ruling last Sept. 19. He filed a motion for reconsideration.
The criminal charge against Lontoc stated that he sold the barangay’s dump truck to a certain Felix Sibonga for P77,000. However, prosecutors said he used the proceeds of the sale for his personal use.
In his motion for reconsideration, Lontoc reiterated that he secured the consent of the former municipal officer of the Department of the Interior and Local Government (DILG) in the disposal of the dump truck through negotiated sale.
He also said that he sent a letter to the Commission on Audit (COA) on the negotiated sale but he did not get a reply. Thus, he claimed, there was no ill motive or bad faith in the sale.
In denying Lontoc’s motion, the Sandiganbayan said: "In sum, this court is not persuaded by accused-appellant's arguments in its motion for reconsideration. All arguments therein have already been thoroughly discussed in the assailed decision, hence, we do not see any compelling reason to modify or reverse our decision dated Sept. 19, 2023.”
The 10-page resolution was written by Associate Justice Zaldy V. Trespeses with the concurrence of Seventh Division Chairperson Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta and Associate Justice Edgardo M. Cardona.