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Surigao Norte ex-mayor cleared of malversation in 'honest mistake'

August 28, 2017 | 5:15am

Surigao Norte ex-mayor cleared of malversation in 'honest mistake'

The Sandiganbayan decided that the use of PDAF money to instead repair a farm-to-market road was done in good faith. Department of Agriculture, file

MANILA, Philippines — The Second Division of the anti-graft court Sandiganbayan has acquitted former Malimono, Surigao del Norte Mayor Clemente Sandigan Jr. of malversation in connection with the alleged misuse of the 'pork barrel' of the Sen. Robert Barbers in 2004.

In its 27-page decision promulgated on August 22, the Second Division said the prosecution failed to prove that Sandigan pocketed the P700,000 fund from the former senator's Priority Development Assistance Fund.

Robert "Bobby" Barbers, a former Local Government secretary and a senator from 1998 to 2004, died in 2005.

“One essential element of the crime of malversation is that a public officer must take public funds, money or property and misappropriate it to his own private use or benefit... In this case, there is no direct evidence proving that accused Sandigan converted the P700,000 PDAF to his personal use,” the court said.

The decision was penned by Associate Justice Michael Frederick Musngi with the concurrence of Associate Justices Oscar Herrera Jr. and Lorifel Pahimna.

Based on the records of the case filed by the Office of the Ombudsman in November 2011, the municipality of Malimono during Sandigan's term as mayor, received a 700,000-peso allocation from Barber's PDAF in 2003 for the implementation of the senator's priority projects.

The projects covered were the construction of a two-storey multipurpose building in Barangay Masgad, concreting of Barangay Karihatag Road, construction of a daycare center in Barangay Hanagdong, repair of Hanagdong Elementary School, and construction of a barangay hall in Barangay Pili.

The Commission on Audit (COA), which in 2006 audited the municipality's use of Sen. Barber's PDAF upon the request of his son Robert Lyndon Barbers, then Surigao del Norte governor, found that the P700,000 fund was instead used for the rehabilitation of the Barangay Hanagdong farm-to-market road, which was damaged by the December 2003 flash floods.

'Honest mistake, in good faith'

The court sided with Sandigan's argument that the use of the fund for the repair of the Barangay Hanagdong farm-to-market road was an “honest mistake” and was done in good faith as he thought that the fund came from the municipality's internal revenue allotment (IRA), or its portion of taxes collected.

“Contrary to the argument advanced by the prosecution, it is not highly unbelievable that accused Sandigan was not aware of the true nature of the P700,000 PDAF at the time that the same was received by the municipality,” the ruling read.

The court noted that it was established during the hearing that the PDAF allocation was deposited to the municipality General Fund account with Land Bank of the Philippines, which normally consists of the municipality's IRA instead of to the municipality's Trust Fund under which allocation for priority projects of several lawmakers were usually deposited.

“Hence, confusion regarding the true nature of the fund is not improbable,” the decision read.

Mayor did not know of allocation until after money was spent

The court said that while the fund was allegedly deposited to the municipality's account in late 2003, Sandigan was able to prove his claim that he was informed of the PDAF allocation only in December 2004.

The court said Sandigan's claim was corroborated by the testimony of then municipal budget officer Alex Lambus, who said that his office received the Notice of Funding Check Issued and the Special Allotment Release Order (SARO) only on December 16, 2004.

Based on the court records, the rehabilitation of the farm-to-market road took place from February to March 2004.

Lastly, the court also gave weight on the abnegation of one of the private individuals who filed the complaint before the ombudsman.

During his testimony, Patricio Laurenciana, who served as a barangay captain in 2004, said he did not want to sign the complaint affidavit against Sandigan but he was threatened by several individuals that he will no longer receive financial assistance from the provincial government.

“Laurenciana's statements were not rebutted by the prosecution...The insufficiency of the evidence casts reasonable doubt on the guilt of accused Sandigan,” the court said.