Ex-Marcos official acquitted of malversation charges

MANILA, Philippines -  A former official of the Marcos administration was able to convince the Sandiganbayan that he has not personally benefited from the P22,000,000 he withdrew from the Economic Support Fund (ESF) in 1986 on orders of then President Ferdinand Marcos.

Finding no evidence to show that he pocketed government funds, the Sandiganbayan acquitted Juan Roberto Abling of malversation charges.

“There is simply nothing in the records which would show or otherwise suggest that the accused has appropriated for his benefit the amount of P22,000,000,” the anti-graft court’s 27-page decision clearing Abling read.

“The prosecution ought to have presented direct evidence that the accused put to his own personal use the amount subject matter of the case,” the Sandiganbayan Second Division said in a ruling dated June 16, 2011.

During trial, Abling testified that he withdrew P35 million from the ESF in January 1986 on orders of then President Marcos.

He said he personally gave P10 million, P5 million and P7 million in separate deliveries to Marcos and deposited the remaining P13 million to the ESF Secretariat, which placed the money in a new Land Bank of the Philippines (LBP) account.

Abling was charged after the Commission on Audit (COA) learned about the transactions and reported the P22 million as missing because of incomplete liquidation documents.

However, Abling was able to convince the Sandiganbayan that no part of the money went to him based on how he was able to present three undated memoranda bearing Marcos’ marginal signatures that signify receipt of the funds.