The Sandiganbayan on Thursday affirmed its earlier ruling convicting former Sarangani governor Miguel Escobar and his management analyst on graft and malversation of public funds charges, amounting to P450,000.
In a resolution dated Nov.9, the anti-graft court denied a motion for reconsideration filed by Escobar questioning his conviction last August on the graft charges arising from transactions in 2002 involving financial aid given to a fisherfolk group.
In its previous ruling, the tribunal also found guilty former management analyst Alexis Jude Dela Cruz.
The two men were sentenced to up to 10 years imprisonment and directed to reimburse the provincial government P450,000, plus a fine of P5,000 each.
“All told, accused Escobar and Dela Cruz failed to show any compelling reason why this Court should re-evaluate their arguments in their Motions and overturn its earlier pronouncement,” Associate Justice Kevin Narce Vivero said in the ruling.
“Anent, accused Escobar’s defense of good faith, we reiterate our ruling in the assailed Decision that he cannot simply invoke good faith to escape liability,” the tribunal said.
Escobar claimed that he acted in good faith, believing that the provincial administrator reviewed the letter request and supporting documents for the financial assistance to the Malapatan fishermen’s group.
However, the anti-graft court said there were deficiencies and irregularities in the documents that should have alerted Escobar.
“Dela Cruz’s claim that he did not receive any money or remuneration from the transaction, and that shows his lack of motive to commit the crime is misplaced. Receipt of a sum of money or motive is not an essential element of the crime, thus, dispensable for conviction,” the tribunal ruled.
The cases against former vice governor Felipe Constantino and board member Juanito Purisima have been dismissed due to their deaths.
The court said the accused made it appear that P450,000 in financial assistance was requested and given to the Malapatan fishermen even as the prosecution showed that the group never received the financial assistance even after the check had been encashed.
