Sandiganbayan finds ex-Misamis guv guilty of graft

MANILA, Philippines - The Sandiganbayan has found former Misamis Oriental governor Antonio Padilla Calingin guilty of graft for using public funds to repair a road leading to his farm located outside the province.

In a 28-page decision, the Sandiganbayan Second Division found Calingain guilty of violation of Section 3, paragraph (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

Section 3, paragraph (e) of the law says "Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits or other concessions."

The anti-graft court ordered the former governor jailed for six years and one month to 10 years. The former governor has also been banned for live to hold any position in the government.

Based on court records, Calingin gave unwarranted benefits to Grain Resources Development Corp., a private corporation, owned by his immediate family by using, free of charge, the heavy equipment and manpower resources of the provincial government in the repair, construction and rehabilitation of the road in San Miguel, Talakag, Bukidnon in November 2003.

The road leads to the farm being managed and developed by the Grains Resources Development Corp.

The court said that the Office of the Ombudsman was able to prove that Calingin personally instructed his subordinates to supervise the road construction.

The Sandiganbayan said in the ruling that "the actions of accused Calingin caused undue injury to the government, particularly the provincial government of Misamis Oriental, and gave unwarranted benefits to the Grain Resources."

"The unauthorized deployment and utilization of the resources and manpower of the provincial government outside its jurisdiction and for purposes other than for which they are intended cause unnecessary, illegal and improper wrong or damage constituting undue injury," it added.