Ex-Ilocos mayor convicted for graft, malverse of public funds

STA. CATALINA, Ilocos Sur --Former Mayor Carlos Racadio Asuncion of this town has been convicted of graft and malversation for the misappropriation of public funds that was intended for the tobacco excise tax back in 2012.

The Sandiganbayan Fourth Division found Asuncion guilty of violating four counts of Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act and another four counts of Section 3(j), together with private individuals Mamelfa Amongol, Rosita Ragunjan, Virginia Rafanan, and Genova Requezo.

They were sentenced to the indeterminate penalty of six years and one month as minimum to a maximum of 10 years imprisonment for each of count of graft, with perpetual disqualification from holding public office.

Asuncion and the others were likewise found guilty of four counts of violation of Article 217 of the Revised Penal Code, also known as malversation, and sentenced to two years, four months and one day of prision correccional as minimum to six years prision correccional as maximum for each count.

They were also ordered to pay a fine equivalent to the amount they malversed in each case. For Asuncion, it is P400,000, while Amongol, Ragunjan, Rafanan, and Ragasa have to pay P100,000 each. No civil liability is adjudged in view of the full restitution of the amounts involved.

The charges stemmed from the release of P100,000 from the municipality’s share of tobacco excise tax on June 15, 2012, and its appropriation to four chapters of Bayanihan ng Kababaihan, namely Cabittaogan, Subec, Paratong, and Sinabaan.

Asuncion had lack of authority from the Sangguniang Bayan of Sta. Catalina, lack of proper appropriation and non-compliance with Commission on Audit Circular No. 2007-01 when he offered financial assistance.

These organizations are also unqualified to receive financial aid, given its lack of legal personality and the fact that it is not an association of tobacco farmers.

The anti-graft court said in its ruling that the prosecution managed to establish the accused’s guilt beyond reasonable doubt. Asuncion was a public officer while the private individuals acted in conspiracy with him to commit the crime.

Asuncion likewise acted with evident bad faith when he approved the “financial assistance” and released the funds in favor of the Bayanihan ng Kababaihan chapters.

The Bayanihan ng Kababaihan and its chapters are clearly not organizations of tobacco farmers who are entitled to the “financial assistance,” since they are duly registered with the Department of Labor and Employment (DOLE) as “rural worker associations.”

“There is nothing in the subject certifications that would at least imply that the chapter members are tobacco farmers,” the decision read.

Even if the Bayanihan ng Kababaihan were indeed comprised of tobacco farmers, it still would not have been valid since the chapters did not have the legal personality to receive the financial assistance granted to them.

“Asuncion blindly gave away public funds. The act of accused Asuncion of approving the release of said public funds, despite being presumed to know the legalities that they would entail, only leads to the indubitable conclusion that he knew that the Bayanihan ng Kababaihan chapters were not qualified to receive the grants,” the court said.

At the same time, no contract may be entered by the local chief executive in behalf of the municipality without the authorization of the Sanggunian concerned

The 33-page resolution was penned by Chairperson Alex Quiroz with the concurrence of Associate Justices Reynaldo Cruz and Bayani Jacinto.