Sandiganbayan convicts former Amulung mayors

Jail sentence for malversation 

By Vince Jacob Visaya

TUGUEGARAO CITY -- The Sandiganbayan has convicted for graft a man and his wife who both served as mayors in Amulung town in Cagayan and the sacked town treasurer in connection with P18-million graft and malversation charges filed against them.
    In its 134-page Nov. 3, decision released to parties and posted on its website on Nov. 4, the Sandiganbayan convicted Nicanor de Leon, who served from 1996 to 2007 and from 2016 to 2019 as Amulung town mayor and from 2019 to 2022 as vice mayor, and his wife Pacita, who served as mayor from 2007 to 2010, and former town treasurer Luzviminda Macasio.
    In a 134-page decision promulgated on Thursday by the anti-graft court’s 6th Division, the couple was found guilty of one count each of graft and one count each of malversation.
    Pacita received a maximum sentence of 20 years for violating the Anti-Graft and Corrupt Practices Act and the malversation of public funds, while his husband received a maximum sentence of 27 years.
    Meanwhile, former municipal treasurer Luzviminda Macasio, who remains at large, was sentenced to up to 53 years in prison after being found guilty of two counts of graft and two counts of malversation.
    They were ordered to pay individual fines equal to the amount embezzled and to jointly refund and reimburse the amount to the public coffers.
    Nicanor and Macasio each received a P16,340,959.04 fine for malversation and ordered to pay back P16,340,959.04 to the Bureau of Treasury as compensation for their civil liability.
    Pacita and Macasio both received a P2,332,182.61 fine and were compelled to pay back P2,332,182.61.
    The prosecution claimed that Nicanor and Macasio withdrew municipal funds from Oct, 2, 2002 toJuly 2007 by issuing and cashing cheques from the Land Bank of the Philippines totaling P16,340,959.04 without disbursement vouchers or other supporting papers.
    Pacita and Macasio were charged with second-degree graft and malversation involving eight checks totaling P2.37 million from 30 August 2007 and January 2009.
    The anti-graft court said the accused “were united not only in the perpetration of fraud, but also in its concealment.”
    The charges against former municipal accountant Maria Remudaro were dropped due to her death while the cases were still pending.
    “She (Pacita) and her spouse have failed to present adequate evidence that can nullify any likelihood that she/he, together with accused Macasio and Remudaro, had put Amulung’s funds to personal use,” the Sandiganbayan said.
    Their retirement benefits were also forfeited.
    Macasio went into hiding for two years until she was arrested by the police on March 20, 2017.
    An unofficial statement from their camp said they will "appeal the case before the Supreme Court."
Indicted for four counts of graft and malversation charges, the couple denied any wrongdoing, claiming innocence and non-collusion with "confessed cheaters," referring to Macasio.
    In 2015, the Commission on Audit (CoA) noted discrepancies in accounting records and filed cases before the Ombudsman.
    The CoA said the municipality's financial statements were unreliable and inaccurate and several funds were unaccounted for.
    A special audit and investigation conducted by CoA resulted in 39 notices of disallowance against the spouses, who were held liable for the total amount of P18,718,161.65.
    The graft court said the accused "failed to present adequate evidence that can nullify any likelihood" that they put the town's "funds to personal use."
    "Since they have failed to satisfactorily explain the shortage in Amulung's accounts following CoA's demand, the prima facie cases (for malversation) have not been effectively negated," the court said.
    The accused concealed the misappropriation "by making it appear in the cashbook or check disbursement journal that the said checks were either canceled or by a recording of the said checks in the cashbook or check disbursement journal without any detail or entry, when in truth and fact, they were negotiated or encashed with the Land Bank of the Philippines-Tuguegarao Branch, or not deposited to the intended account of the municipality."
    The high court said they misappropriated the amount for their "own personal gain and benefit, thereby causing injury to the government and the public interest."