Sandiganbayan reverses RTC; acquits ex-LTFRB official of graft
The Sandiganbayan has acquitted former hearing officer Evelyn Carmelita G. Misal of the Land Transportation Franchising and Regulatory Board (LTFRB) in Region VII as it reversed her graft conviction handed down by the Cebu City regional trial court (RTC).
The RTC found Misal guilty of violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, and was sentenced to six to eight years imprisonment.
She was accused of issuing a notice of hearing on July 3, 2008 for the transfer of three certificates of public convenience (CPCs) over three taxi units owned by Felix S. Lao to KR Wheelers Cab, Inc. despite the fact that the required documents for the transfer were not notarized.
In her appeal before the Sandiganbayan, Misal argued that the RTC erred in convicting her despite the prosecution's failure to prove her guilt beyond reasonable doubt.
She pointed out that her right to be informed of the accusation was violated, since the criminal charge only pertained to the issuance of the notice of hearing but she was also faulted for transferring the CPCs of the taxi units.
The anti-graft court sided with Misal as it noted that there is indeed no evidence to prove that the issuance of the notice of hearing was contrary to LTFRB rules of procedure.
"It cannot be assumed, for example, that accused's failure to act on the deficiencies in the documents - such as the blanks in the date of notarization - already constitutes gross inexcusable negligence without proof that it was her duty to flag such matters in the first place," the court explained.
It also said that the transfer of the CPCs of the taxi units was not attributable to Misal, as it fell on the shoulders of the Regional Director. Thus, the court said that the RTC could not have determined that her actions favored K.R. Wheelers at the expense of the government.
The 17-page decision was written by Associate Justice Bayani H. Jacinto with the concurrence of Associate Justices Maria Theresa V. Mendoza-Arcega and Juliet M. Manalo-San Gaspar of the anti-graft court’s first division.