Sandiganbayan affirms graft conviction of 2 ex-Cebu barangay officials
The Sandiganbayan has affirmed the conviction for two counts of graft of two former barangay officials of Naga City, Cebu for “ghost” projects.
Affirmed was the conviction of former barangay officials Reynaldo B. Espinosa and Bernardino Cania, who, together with barangay treasurer Felix Lacara, were convicted of violations of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
They were found guilty of irregular implementation of the barangay court and barangay hall innovation projects.
They were sentenced to a prison term ranging from six to 10 years for each count of graft and ordered to jointly reimburse the barangay of P90,000.
Espinosa and Cania filed a motion to reconsider the anti-graft court’s decision.
They claimed that there was no evidence that they prepared, issued and encashed the two checks, and that they withdrew public funds. They also reiterated the alleged negligence of their former counsel.
But the court said their allegations were just a "mere reiteration" of the issues that they have already passed upon in court. As for the errors made by their formal counsel, the court said that the blame lies on them.
"Espinosa and Cania were not deprived of due process because the alleged negligence of their former counsel was only simple. They were given the opportunity to present their case in court, filed several pleadings, testified in court, offered their evidence, and pursued all available legal remedies," the court explained.
It pointed out that Espinosa and Cania failed to diligently monitor their cases and the evidence to be presented. It also said they failed to insist to their former counsel to present more witnesses, and thus, the acts of their former counsel are binding on them.
The five-page resolution was written by Associate Justice Karl B. Miranda with the concurrence of Associate Justices Ronald B. Moreno and Edgardo M. Caldona.