Ex-Cagayan mayors’ graft conviction affirmed

MANILA, Philippines —  The Sandiganbayan has upheld the conviction of two former municipal mayors in Cagayan for graft and malversation in connection with the disbursement of P18.7 million in public funds from 2002 to 2009.

In a resolution promulgated on Jan. 25, the anti-graft court’s Sixth Division said former Amulung town mayor Nicanor de Leon and his wife Pacita failed to raise any new argument that would warrant the reversal of an earlier ruling finding them guilty of the charges.

Pacita succeeded her husband as town mayor. Aside from them, the anti-graft court found their co-accused, former municipal treasurer Luzviminda Macasio, guilty of the same offenses.

In November 2022, the Sixth Division found the De Leon spouses guilty of one count each of violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, and one count each of malversation of public funds as provided under Article 217 of the Revised Penal Code.

Macasio was found guilty of two counts each of graft and malversation.

Nicanor was sentenced to six to 10 years in prison for the graft offense, and 10 to 18 years for malversation or a total of 16 to 28 years for both offenses.

Pacita was sentenced to six to 10 years in prison for the graft offense, and six to 13 years for malversation, or a total of 12 to 23 years for both offenses.

Macasio was sentenced to 12 to 20 years in prison for two counts of graft, and 16 to 31 years for two counts of malversation.

The anti-graft court disqualified the accused from holding public office and forfeited their retirement and gratuity benefits.

It ordered Nicanor and Macasio to pay a fine of P16.34 million each, or equivalent to the amount of municipal funds that were illegally disbursed.

Pacita and Macasio were ordered to pay a fine of P2.332 million each, or equivalent to the amount they illegally disbursed.

The fines were on top of the P16.34 million that Nicanor and Macasio must return to the Bureau of the Treasury as civil liability.

Pacita and Macasio were also ordered to pay the government P2.33 million each in civil liabilities.

Filed by the Office of the Ombudsman in 2015, the cases stemmed from the release of municipal funds amounting to P16.34 million from October 2002 to July 2007 during Nicanor’s term as mayor.

The second set of cases stemmed from the release of P2.33 million from August 2007 to January 2009 during Pacita’s term as mayor.

The ombudsman said the funds were released through the mayors’ issuance and encashment of checks, supposedly without valid disbursement vouchers and other supporting documents.

The Sixth Division said the prosecution presented sufficient proof showing the disbursements were anomalous.

It cited a fraud audit report and notices of disallowance issued by the Commission on Audit, which highlighted the irregularities in the fund disbursements.