The Sandiganbayan has acquitted former Palimbang, Sultan Kudarat mayor Abubacar P. Maulana of the breach of conduct charge filed against him over his alleged unlawful declaration in his 2014 Statement of Assets, Liabilities and Net Worth (SALN).
In his 2014 SALN, Maulana declared that he bought his 2002 model GMC Yukon van for P750,000. The prosecution claimed the vehicle was actually purchased for P2 million. He was charged with violation of Section 11 of of Republic Act No. 6713, the Code of Conduct and Ethical Standards for Public Officials and Employees.
Maulana denied the charge. In his defense, he submitted a Deed of Sale dated July 4, 2013 which reflected the purchase price of P750,000.
In acquitting him, the anti-graft court took note of the testimony of businessman Robert Saluta who identified the said Deed of Sale and even executed an Affidavit of Witness dated July 2, 2018, reiterating that the vehicle was bought by Maulana for P750,000.
"To the Court, Saluta's categorical statement that the subject vehicle was sold for P750,000 has a great persuasive value considering that he took part as a middleman during the sale and was actually present during the execution of the instrument. His testimony was not a hearsay considering that he had actual and personal knowledge about the transaction," the court's decision stated.
The court said there was no intention on the part of Maulana to conceal his wealth, and the evil sought to be prevented by the requirement of filing of the SALN was not established by the prosecution.
"Despite the volume of evidence presented, the prosecution was not able to overturn the constitutional guarantee that the accused is presumed innocent. Maulana, therefore, is entitled to an acquittal," the court ruled.
The 18-page decision was written by Associate Justice Karl B. Miranda with the concurrence of Sixth Division Chairperson Associate Justice Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.