Ex-Navy official convicted in medical supplies mess

MANILA, Philippines — The Sandiganbayan Third Division has convicted a former Philippine Navy official of multiple counts of graft and malversation of public funds over the anomalous procurement of medicines and medical supplies over 30 years ago.

The anti-graft court yesterday released the 544-page decision dated Sept. 16 that convicted retired Philippine Navy rear admiral Gilmer Batestil of 20 counts of malversation of public funds and 16 counts of graft.

Batestil was sentenced to a minimum of 12 years and one day to a maximum of 18 years, eight months and one day for the malversation cases and another minimum of six years and one month to a maximum of 10 years for the graft convictions.

He was also ordered to pay a fine of P17,093,717 and indemnify the government for the same amount, which is equivalent to the amount of malversed public funds.

The Sandiganbayan also convicted co-accused Edna Gianan of nine counts of malversation and two counts of graft, Victoriano Chua of four counts of graft and Ermina Castillo of five counts of graft.

Gianan was meted a prison sentence of up to 18 years, eight months and one day for malversation, while the graft convictions of all three carried a penalty of imprisonment of up to 10 years.

Gianan, a private contractor, was also ordered to pay a fine of P7,699,221 and indemnify the government for the same amount.

The convictions stemmed from the anomalous procurement of medicines and medical and dental supplies from 1990 to 1992.

During the trial, a prosecution witness testified P53.9 million worth of medicines and medical supplies were not accounted for.

Among them were over P17 million covered by purchase orders (POs) and disbursement vouchers (DVs) signed by Batestil during his time as naval procurement officer.

“It was duly established that accused Batestil allowed the taking of the subject public funds by signing the POs and DVs. (This) resulted in the payment of the items allegedly purchased in the POs and DVs, which were never delivered to the Philippine Navy,” read the decision penned by Presiding Justice Amparo Cabotaje-Tang.

Gianan received a portion of the amount, while the rest went to the other private contractors who were also charged but remained at large.

Fifteen respondents who stood trial were acquitted, while cases against 13 others – including some former Philippine Navy officers – who died during trial were dismissed. Thirteen others remain at large.

Associate Justices Bernelito Fernandez and Ronald Moreno concurred with the decision.