The Sandiganbayan has convicted former Sarangani governor Miguel D. Escobar and another former provincial official of charges of graft and malversation of public funds amounting to P450,000 in 2002.
Aside from Escobar, also found guilty was then management analyst Alexis Jude K. Dela Cruz. They were sentenced to a prison term ranging from six to 10 years for each of the graft and malversation cases.
They were also ordered to reimburse the provincial government of P450,000 and to pay a fine of P5,000 each, and perpetually barred from holding public office.
The cases against their co-accused – former executive assistant Amelia Carmela C. Zoleta, accountant IV Suzette O. Clerigo, and private individual Velsie Banzon – have been archived pending their surrender or arrest.
The cases against former vice governor Felipe K. Constantino and board member Juanito H. Purisima had been dismissed in light of their deaths.
The cases arose from the disbursement of P450,000 on May 29, 2002 to the Malapatan Fishermen's Group. The accused made it appear that financial assistance was requested and given to the group. But the prosecution proved that the group never received the financial assistance even after the check had been encashed.
In his defense, Escobar claimed that he relied in good faith that the provincial administrator reviewed the letter request and supporting documents for the financial assistance to Malapatan Fishermen's Group. However, the anti-graft court said there were palpable deficiencies and irregularities in the documents that should have alerted him.
The court said that Escobar's silence or inaction despite knowledge of the anomalous transaction is already tantamount to his approval. The fact that he approved the disbursement voucher despite lack of supporting documents "speaks most eloquently" of his participation in the crime, it said.
Dela Cruz, on the other hand, claimed that he had no involvement in the preparation of the fictitious documents. But the court said the prosecution's witnesses were able to counter his defense as they testified that he signed these as Kadir Andulcan.
"All these taken together prove that accused Dela Cruz acted in evident bad faith. His act of signing as someone else in documents used for requests for financial assistance cannot have any other interpretation than that he acted with malicious motive or fraudulent intent," the court stressed.
Associate Justice Kevin Narce B. Vivero wrote the 43-page decision with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Michael Frederick L. Musngi.