The Sandiganbayan has sentenced a former mayor of Cortes, Bohol to 48 years imprisonment for falsifying documents to liquidate her expenses in 2010.
Conversely, the anti-graft court dismissed a graft case against a former mayor of Maasin City, Southern Leyte, and other officials over for alleged irregularities in the purchase of P10-million communication devices in 2007.
In a 39-page decision promulgated on January 20, the anti-graft court’s Fifth Division ordered Apolinaria Balistoy jailed for six years to eight years for violation of the anti-graft law.
Balistoy was also permanently banned from holding public office.
She was also ordered to indemnify the town of Cortes P20,779 with annual interest of six percent until fully paid.
For each count of falsification, the Sandiganbayan sentenced her to four years and two months to up to 10 years of imprisonment. This totals up to 40 years of imprisonment for four counts of falsification.
The court also ordered Balistoy to pay a fine of P10,000 for each count.
The case stemmed from Balistoy’s utilization of falsified Certificates of Appearance for her unauthorized travels in Cebu City.
The Certificates of Appearance dated January 5, 20, and 21 in 2010 and February 4 and 5 in 2010 included the signature of Dr. Loreno Canapi of the Civil Service Commission. Ho ever, the court noted that Canapi had already retired in 2009.
According to the Court, each of the certificates also only indicated that it is issued for “whatever purpose” it may serve Balistoy.
“By using these Certificates of Appearance, the putative assumption is that the accused is the author of the falsification. The settled rule is that in the absence of satisfactory explanation, one found in possession of and who used a forged document is the forger,” the ruling stated.
“Dr. Canapi’s so-called signatures in the said certificates affected the integrity of the documents. By submitting and using the spurious Certificates of Appearance to liquidate her cash advances, Mayor Balistoy is considered the forger,” it added.
Meanwhile, in 30-page decision promulgated on January 20, the anti-graft court Second Division acquitted former Maasin Mayor Maloney Samaco; bids and awards committee members Crispin Arong Jr., Feorillo Demetrio Jr., Anecito Narit, Amado Acasio, Consuelo Ladrera; and businesswoman Ma. Luzviminda Lopez of the Philflex Trading General Merchandise (Philflex).
The Sandiganbayan cancelled their bail and ordered the removal of their names on the Bureau of Immigration hold departure list.
The case stemmed from the purchase of 14 sets of Senao SN-6108 long-range cordless telephones for P381,360 each, 26 sets of Senao SN-568 station-to-station units for P178,752 each, and freight and handling charges of P13,408 without public bidding.
“It [the prosecution] has been claiming that the prices offered by Philflex were excessive and that the prices on the internet were way cheaper than that of Philflex. However, these are all but unsubstantiated claims as there were no certifications… procured from other suppliers,” it said.
The Sandiganbayan added: “There was no change of procurement (procedure) as direct contracting was the option from the very start.”
In addition, the anti-graft court noted of the absence of sufficient evidence to prove that there was bad faith or gross negligence on the part of the accused.
“Evidently, there was no showing that Philflex was unjustifiably favored or given advantage by the members of the BAC as it was already predetermined that Philflex will be supplying the communication equipment to the City of Maasin as the exclusive distributor,” it said.
In a social media post, Samaco welcomed the Sandiganbayan’s decision. “Thank you so much, Lord and Mama Mary. We are acquitted by Sandiganbayan,” he said.
In a related development, the anti-graft court found former PPSBI branch head Rosemarie Preston Villamora guilty of violation of the Anti-Graft and Corrupt Practices Act.
The court sentenced Villamora to a minimum of six years and one month imprisonment to a maximum of eight years and disqualified from holding public office for life.
In addition to the penalties, the court in its decision said: “As civil liability, accused is ordered to indemnify Philippine PPSBI (now known as Overseas Filipino Bank, Inc.) the amount of P39,050,000 with interest at the rate of 6 percent per annum from the date of the finality of the decision,” it said.
The case stemmed from the supposed unwarranted benefit given by Villamora to two clients by granting them excessive interest rates of 24 percent to 30 percent when the regular interest rate then was at 1.75 percent to 2 percent.
