THE Sandiganbayan has found Mayor Luciano Ligan of Kibawe, Bukidnon guilty of technical malversation or illegal use of public funds under Article 220 of the Revised Penal Code.
In a 29-page decision penned by Associate Justice Maria Theresa Dolores Gomez-Estoesta, the Fifth Division said Ligan diverted funds appropriated by the municipal councilors for tourism activities and the Kaamulan festival to the construction of a tourism function hall.
Three other respondents—municipal treasurer Ma. Asuncion Codilla, municipal budget officer Narciso Chaves Jr. and municipal accountant Ellen Piquero—were also convicted of technical malversation.
The Sandiganbayan said it was “not persuaded by the accused’s strained attempts to link the construction with tourism activities” and explained that it “fails to see the slightest connection between the promotion of tourism/participation in the Kaamulan Festival with the construction of the Tourism Function Hall.”
“The mere availability of funds from savings, if any, does not carry with it authority to use them for purposes other than those for which they were appropriated.”
The court said Ligan and company conspired to illegally divert funds of P500,000 appropriated by the municipal council for the town’s festival from December 2002 to January 2003.
The resolution was concurred in by Fifth Division chairman Associate Justice Roland Jurado and senior member Associate Justice Alexander Gesmundo.
On the other hand, the Sandiganbayan dropped the charges against another two co-accused —planning and development coordinator Crestito Dones Jr. and municipal engineer Edgar Mulat for “reasonable doubt” on their guilt.