Sandiganbayan convicts, acquits ex-DepEd officials of graft, malversation charges
by Czarina Nicole Ong-KiThe Sandiganbayan Second Division has convicted former Department of Education (DepEd) Region IX Director Jesus Loretizo Nieves of two counts of graft, while his co-accused, Accountant III Marilou T. Tolosa, has been acquitted of all charges.
Nieves and Tolosa were initially slapped with two counts each for violating Section 3(e) of R.A. 3019,the Anti-Graft and Corrupt Practices Act and another two counts of Article 217 in relation to Articles 171 and 48 of the Revised Penal Code, also known as Malversation through Falsification of Public Documents.
Because of his conviction, Nieves was sentenced to suffer the indeterminate penalty of imprisonment of six years and one month up to 10 years as maximum for each graft count, with perpetual disqualification from holding public office.
On December 12, 2007, Nieves and Tolosa, together with Budget Officer III Melchisedech Luna Miguel and Administrative Officer Virginia Amoncio Montero, reportedly gave undue advantage to Exquisite Enterprise by falsifying the List of Due and Demandable Accounts Payable – External Creditors (LDDAP-EC) by making it appear that Obligation Request (OBR) is due for payment to Exquisite and DepEd Regional Office 9 has an outstanding debt of P48,678,355.
However, the OBR was already obligated to PLDT. The same was also done with Aphrodite Builders in the amount of P46,124,000, which was already obligated to ZAMCELCO Inc.
Nieves was convicted of two counts of graft because the prosecution’s evidence sufficiently established that he was grossly negligent when he signed the LDDAP-ECs, which caused the release of public funds to Aphrodite Builders and Exquisite Enterprises.
The anti-graft court said it is incumbent upon Nieves to act with due care in ascertaining the claims of the alleged external creditors – Aphrodite Builders and Exquisite Enterprises – by examining the supporting documents pertaining to the alleged transactions.
In his defense, Nieves said that the prosecution failed to present any proof that he had prior knowledge of any irregularity in the disbursements. He added that his only participation in the transactions is his signature in the LDDAP-ECs, and he merely relied on the supporting documents that he was given.
But as head of office, the anti-graft court said Nieves should have exercised a higher degree of circumspection and went beyond what his subordinates had prepared.
On the other hand, the court said there was no sufficient evidence that proved that she acted with manifest partiality, evident bad faith, and gross inexcusable negligence in the approval of the transactions.
“Accused Tolosa’s participation in the said LDDAP-ECs was not established. No evidence was likewise produced that accused Tolosa authorized accused Miguel to sign the said documents on her behalf, thus negating her acquiescence in the certification of the correctness of the same,” the decision read.
The case against Miguel and Montero has been ordered dismissed in light of their death, pursuant to Article 89 of the Revised Penal Code.
The 56-page decision was written by Associate Justice Michael Frederick Musngi with the concurrence of Second Division Chairperson Oscar Herrera Jr. and Associate Justice Lorifel Pahimna.