Sandigan affirms graft conviction of 7 ex-DOF officials for irregular issuance of P112M tax credit certificates
The Sandiganbayan affirmed the conviction for graft of seven former officials of the Department of Finance (DOF) over the irregular approval and issuance of P112 million in tax credit certificates from 1995 to 1998.
In affirming the conviction, the anti-graft court denied the motions for reconsideration filed by former DOJ reviewer Asuncion M. Magdaet, senior tax specialist Mark A. Binsol, clerk Cherry L. Gomez, tax specialist Merose L. Tordesillas, administrative aide Gemma O. Abara, tax specialist Gregoria V. Cuento, and evaluator Purita S. Napenas.
In a decision issued last Aug. 11, the former DOJ officials were sentenced to a prison term ranging from six to eight years for each count of graft.
In their separate motions, they told the court that duties merely involved check listing and computation of the applicable tax credit, and these are merely "ministerial" in nature. As a result, they said they cannot be found guilty of gross inexcusable negligence.
But the Sandiganbayan found their allegations bereft of merit. It said the arguments did not present anything new to the court since the issue they presented had been discussed in the assailed decision.
"In sum, the Court maintains its finding that the prosecution has discharged its burden of proving every element of the offense of violation of Section 3(e) of Republic Act No. 3019," the court said in its resolution handed down on Thursday, Feb. 8.
Presiding Justice Amparo M. Cabotaje-Tang wrote the 16-page resolution with the concurrence of Associate Justices Bernelito R. Fernandez and Ronald B. Moreno.
The seven former DOJ officials were charged with graft over the approval and issuance of tax credit certificates in favor of Scope Industries, Inc. without legal basis, since the supporting documents submitted by the company were spurious or falsified.
Magdaet was found guilty of 24 counts of graft, while Binsol, Gomez, Cuento, and Napenas were found guilty of one graft charge each. Aside from imprisonment, they were also barred from holding public office.