The assistant municipal treasurer of Pagsanjan town in Laguna failed anew in his attempt to convince the Sandiganbayan to reverse his conviction for malversation of public funds amounting to P483,529.31.
Denied was the motion for reconsideration filed by Elizalde G. Gabaleño who had been convicted by the Laguna regional trial court (RTC) and sentenced to a jail term of four to 11 years, including a fine equivalent to amount he misappropriated.
On Nov. 23, 2023, the Sandiganbayan affirmed the RTC’s decision. Gabaleño filed a motion for reconsideration which was denied.
He claimed that all the elements of malversation were not present in his case. He pointed out that the audit reports made by Commission on Audit (COA) auditors are "doubtful," since they merely alleged in their testimonies that they used all available financial records even without stating what particular documents were used during examination.
However, the Sandiganbayan denied his motion. “All things considered, there being no new or additional arguments or compelling reason raised by accused-appellant Gabaleño to warrant a reconsideration of the assailed decision of the court denying his appeal from the judgment of conviction rendered by the trial court against him, the denial of his motion for reconsideration for lack of merit is in order," the anti-graft court ruled.
The six-page resolution was written by Fifth Division Chairperson Associate Justice Rafael R. Lagos with the concurrence of Associate Justices Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac.