Wednesday, October 29, 2008

Ex-ARMM gov, 2 others get 56 years for malversation

MANILA, Philippines - The Sandiganbayan on Wednesday convicted a former governor of Autonomous Region in Muslim Mindanao (ARMM) and two of his officials of multiple counts of malversation of public funds.
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Sentenced to 56-year imprisonment were Datu Zacaria A. Candao, his brother and former executive secretary Abbas A. Candao, and former disbursing officer Israel B. Haron.
Candao was found guilty on nine counts of malversation while his brother was convicted on 43 counts and Haron on 52 counts.
A single criminal charge against a fourth defendant, former cashier Pandical Santiago, was dropped due to his death before the completion of the trial.
The case was in connection with the fraudulent disbursements of public funds amounting to P21 million from December 1992 to March 1993.
The anomaly was discovered after then President Fidel V. Ramos ordered a special audit into ARMM's transactions from 1992 and 1993.
On top of the jail terms, the three defendants were also ordered to pay a total of P41.4 million – P3.86 million from former governor Candao, P16.84 million from Abbas, and P20.7 million from Haron.
The three were likewise banned from holding any public office in the future, the Sandiganbayan First Division said.
The three were charged after the special audit team discovered illegal withdrawals totaling P11.12 million under ARMM's account with the Philippine National Bank and another P9.93 million under an account with the National Treasury.
The said fund releases were later traced through 52 PNB checks made payable to Haron and were countersigned by either of the two Candaos. Witnesses presented by Special Prosecutor's Office Director Raymundo Julio Olaguer testified that during audit, Haron failed to produce disbursement vouchers that would have proven the legitimacy of the withdrawals.
The anti-graft court also noted that the accused failed to submit evidence that the funds really went to their supposed purpose which was the peace and order campaign of the Office of the Regional Governor-ARMM. The Sandiganbayan also junked disbursement vouchers belatedly submitted to COA by the defendants as “of doubtful validity” and of little probative value. It said the defendants' admission of the authenticity and due execution of all 52 checks drawn from the ARMM accounts established the existence conspiracy among them. "In a conspiracy, all those who in one way or another helped and cooperated in the consummation of the crime are considered co-principals since the degree or character of the individual participation of each conspirator in the in the commission of the crime is immaterial. Thus, liability exists notwithstanding the accused's non-participation in every detail in the execution of the crime," the anti-graft court said. - GMANews.TV

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