Sandigan affirms conviction of Samar town assistant treasurer
The Sandiganbayan has affirmed the conviction of the assistant treasurer of Basey town in Samar for malversation of P1.76 million in public funds but it reduced the jail term imposed on her by the regional trial court (RTC).
Instead of the jail term ranging from 17 years to 20 years and one day imposed by the RTC on Assistant Treasurer Marieta C. Hernandez, the anti-graft court reduced the imprisonment to eights years and one day to 14 years and eight months.
Just like the ruling of the RTC, Hernandez was ordered to pay a fine of P1,766,640.33 and to restitute the government of the amount she misappropriated. She was also perpetually disqualified to hold public office.
Hernandez was designated officer-in-charge of the Basey municipal treasurer’s office on Jan. 26, 1996.
In her appeal, Hernandez told the Sandiganbayan that she was denied her right to speedy trial since the proceedings took 17 years and seven months before the decision was handed down.
She also claimed that the testimony used during trial was hearsay, and the Commission on Audit (COA) certifications on the missing funds are "hearsay documents" since these were not presented during trial.
In denying her appeal, the anti-graft court said: “Contrary to the claim of the accused-appellant, all the elements of the crime of malversation are present beyond reasonable doubt and the testimony of the witness is not hearsay evidence.”
On her argument that her right to speedy trial was violated, the court pointed out that the delays in the proceedings were largely attributable to the actions of the defense.
"Notably, in the instances where the trial was deferred due to the prosecution, there is no record indicating that Hernandez nor her counsel raised any objection. Hernandez's failure to timely assert the alleged violation of her right to a speedy trial amounted to a waiver of that right," the court also said.
The 11-page decision was written by Fourth Division Chairperson Associate Justice Michael Frederick L. Musngi with the concurrence of Associate Justices Lorifel L. Pashmina and J. Ermin Ernest Louie R. Miguel.