Several former officials from the Department of Public Works and Highways (DPWH) have been convicted by the Sandiganbayan of 41 counts of graft and 41 counts of falsification for "ghost" repairs of the department's vehicles in 2001.
Found guilty were former officer-in-charge assistant director Florendo B. Arias, supply officer IV Napoleon S. Anas, accountant IV Rogelio L. Beray, fiscal controller V Ricardo M. Juan, Jr., supply officer IV Mirofe C. Fronda, project director Nonito F. Fano, and private individuals Janette A. Bugayong and Victoria Maniego-Go.
Each of the accused was meted out a jail term of six to eight years with perpetual disqualification from holding public office for every conviction under Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
They were also sentenced to two years, four months and one day of prision correccional as minimum to 10 years and one day of prision mayor as maximum as well as a fine of P5,000 for each count of estafa through falsification.
For their civil liability, they were directed to jointly and severally pay different amounts for each set of charges to the government, represented by the DPWH -- P18,690, P24,500, P5,000, P24,950, P24,950, P24,950, P24,950, P24,950, P24,850, P24,800, P24,900, P24,950, P24,860, P24,750, P24,950, P24,825, P24,050, P24,550, P24,900, P25,000, P24,550, P24,800, P25,000, P24,900, P24,800, P24,900, P20,600, P24,780, P24,950, P24,800, P24,250, P24,850, P24,950, P24,800, P24,900, P24,950, P25,000, P24,830, P24,950, P20,200, and P24,460.
Fano was acquitted in five sets of graft and falsification charges, while Arias was acquitted in nine sets. Bugayong was cleared of three sets of graft and falsification charges due to the failure of the prosecution to prove the guilt beyond reasonable doubt.
The anti-graft court said the accused's collective "deceitful acts" enabled the ghost repairs scheme -- from falsifying job order requests and disbursement vouchers and making it appear that DPWH vehicles underwent repairs and replacement of spare parts even though no such transactions were made.
"They carried the deceit to fruition, so to speak, and knowingly so," the decision stated.
"They signed the disbursement vouchers afflicted with the same defects repeatedly over the course of almost one year, again, sealing their participation in the ghost repairs scheme. As a result of this fraudulent scheme, the government suffered damage equal to the amounts disbursed."
The 122-page decision was written by Seventh Division Chairperson Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.