Sandigan upholds conviction of Cedric Lee, ex-Bataan mayor

MANILA, Philippines — The Sandiganbayan has affirmed the conviction of businessman Cedric Lee and former mayor Angel Peliglorio Jr. of Mariveles, Bataan.

In a 12-page resolution dated Sept. 14 and released on Friday, the anti-graft court’s third division denied the separate motions filed by Lee and Peliglorio to reverse its earlier ruling.

The court had earlier found the two guilty of malversation of public funds and sentenced them to up to 18 years in prison.

The case stemmed from the construction of a public market in Mariveles in 2007 when Peliglorio was mayor.

The prosecution said Lee, who was president and chief executive officer of private contractor Izumo, received P23.47 million as “advanced mobilization funds.”

Peliglorio appealed his conviction, saying he was neither in custody nor in control of the money released to Izumo.

He reiterated the findings of a handwriting expert he commissioned, which supposedly showed that he was not the one who signed the letter instructing the Land Bank of the Philippines to release the funds.

Lee, for his part, cited lack of evidence to prove that the money was converted for personal use, saying it includes the downpayment for the contractor for the studies made for the design of the project.

Peliglorio and Lee both claimed lack of evidence to show conspiracy on their part.

However, in a ruling penned by Associate Justice Bernelito Fernandez, the third division noted that Peliglorio was primarily responsible and accountable for the subject public funds. It referred to his letter where he used the word “instruct” to direct the release of funds to Izumo.

The anti-graft court said Lee failed to provide a breakdown of the design and studies he enumerated or any contract that will prove that he outsourced and paid for the other services.

The third division reduced the fine imposed on the two from P23.47 million to P19,442,267.48, which represents the amount acknowledged to have been received by Lee in a credit slip presented during the trial.

Lee and Peliglorio were also ordered to pay P19,442,267.48 in civil damage to the Bureau of Treasury.

Presiding Justice Amparo Cabotaje-Tang and Ronald Moreno concurred with the resolution.