A Cebu Ports Authority (CPA) cashier, who was convicted and sentenced to a maximum of 10 years in jail in 2017 on a charge of misappropriating P15,817.70 out of his collections, has been acquitted by the Sandiganbayan.

In a decision promulgated last June 2, the anti-graft court acquitted Romeo P. Panares as it reversed the decision handed down by the Cebu City regional trial court (RTC).

Panares was convicted of malversation of public funds under Article 217 of the Revised Penal Code (RPC) and was barred perpetually from holding public office.  He appealed the RTC’s decision.

He told the Sandiganbayan that his constitutional right to speedy trial has been violated and that the prosecution failed to prove the element of misappropriation beyond reasonable doubt.

While the anti-graft court saw no inordinate delay and therefore no violation of his right to speedy trial and disposition of cases, it agreed that the prosecution failed to prove beyond reasonable doubt that Panares incurred a shortage in his account.

The court noted the testimony of Senior Accounting Processor Noemi Gulfan, the bookkeeper assigned to monitor the daily collections and remittances of Panares, who categorically said that based on the records of his collections and remittances, Panares did not incur any shortage.

The Sandiganbayan said: "Ultimately, the prosecution failed to discharge its burden of proving the guilt of Panares beyond reasonable doubt. Considering that mere suspicion of the guilt of the accused, no matter how strong, should not sway judgment against him, the Court is constrained to reverse the trial court's ruling."

The 21-page decision was written by Associate Justice Arthur O. Malabaguio with the concurrence of Presiding Justice Geraldine Faith A. Econg and Associate Justice Edgardo M. Caldona.