The Sandiganbayan has affirmed its decision that upheld the conviction of a former official of the Land Transportation Office (LTO) in Region X based in Cagayan de Oro City for malversation of public property.

Former law enforcement acting chief Andrew E. Tupag Jr. was convicted by the regional trial court (RTC) for not returning a Sony Cybershot camera, one of the equipment used in LTO’s law enforcement operations from 2006 to 2012.

The RTC’s decision was upheld by the Sandiganbayan in its March 18, 2025 decision. Tupag filed a motion for reconsideration.

In 2014, the Office of the Ombudsman (OMB) charged Tupag with violation of Article 217 of the Revised Penal Code (RPC) on malversation of public property.

After trial, the RTC convicted Tupag on March 13, 2029 and sentenced him to a prison term ranging from four months and one day to four years, two months and one day. He was ordered to pay a fine of P15,043 and the return the same amount to the LTO representing the purchase price of the camera. He was also banned permanently from holding public office.

When his motion for reconsideration was denied by the RTC, Tupag appealed before the Sandiganbayan which affirmed his conviction.

In a resolution, issued last August 4, the anti-graft court affirmed its March 18 decision.

It said that Tupag’s arguments were unmeritorious since the issues raised have already been considered and passed upon by the court in its decision.

It reiterated that Tupag failed to prove that he returned the Sony Cybershot camera as there was no document presented that proved its return.

"In sum, the court finds that the prosecution was able to establish all the elements of malversation beyond reasonable doubt. The conviction of Tupag is sustained," the resolution stated.

The six-page resolution was written by Third Division Chairperson Associate Justice Karl B. Miranda with the concurrence of Associate Justices Ronald B. Moreno and Kevin Narce B. Vivero.