RTC acquits former village chief in San Fernando town

CEBU, Philippines - The Regional Trial Court (RTC) has acquitted a former barangay chief in San Fernando town of six counts of malversation of government funds.

Catalino Baysa, former barangay chief of Panadtaran, San Fernando, was accused by his neighbor Edward Natividad of pocketing the honoraria of then barangay councilman Lowell Teves from September 2001 to January the following year.

Natividad alleged that Baysa allegedly did it by "counterfeiting or imitating" Teves' signature, and pocked the councilman's P2,300 monthly honorarium for those six months (the honorarium for January 2002 was already P2,900).

The former village chairman also signed the same documents for the release of the P2,500 year-end bonus also for Teves in December.

During the trial, the prosecution presented Reynaldo Pangahin, who served as Panadtaran's treasurer from June 1997 to February 2002.

In his testimony, Pangahin admitted that being the treasurer, he prepared the payrolls for the barangay officials and employees for the month of September 2001 to January 2002, within which there were entries that Teves, despite his absence without leave, was given his honorarium along with the other councilmen.

There were also signatures purportedly of Teves', attested Pangahin.

During cross examination, Pangahin said that it was he who "personally" gave the money to Teves who also accepted it.

In a 13-page decision penned by RTC branch 7 presiding judge Eric Menchavez, the court did not find in Pangahin's testimony that Baysa had a hand in the release of Teves' honorarium as alleged.

"The testimony of the private prosecution witness Reynaldo Pangahin would show that the accused Catalino Baysa had never falsified, signed and forged the signatures of Lowell Teves in a public document," read the court's decision promulgated last June 10.

"There is no testimony of witness Reyu Pangahin that as instructed, he turned over the said monthly compensation to barangay captain Catalino Baysa," further read the decision.

The prosecution also presented three other witnesses: Teves, then barangay secretary Evelyn Geocallo and Grethel Ortega, who was Department of the Interior and Local Government-San Fernando officer at that time.

In her testimony, Ortega said Teves had been absent for five consecutive months and that his honoraria was withdrawn from the bank.

For his part, Teves denied he collected his honoraria during those months he was absent.

He also said that there was "no formal letter" informing the council that he had resigned as councilman, it was "only verbal."

He also did not inform the DILG of such intention.

He said that during those months, he was still presumed a member of the barangay council.

Teves also admitted that he had a loan at Postal Bank Inc. and Rural Bank of Barili Inc. where Pangahin and Baysa were his co-makers, and that "the barangay treasurer was authorized to deduct from the payroll whatever money he may receive" as barangay councilman.

But the court still found that "the rest of the testimonies of the prosecution's witnesses did not prove any of the allegations in the six informations."

"Wherefore, for insufficiency of evidence, the court finds the accused not guilty. He is hereby acquitted of all the six charges," the court said.

The court has also ordered for the release of Baysa's P120,000 bail which he posted last December 2007 for his temporary release. – THE FREEMAN