Sandigan sentences NV exec to 12 years in jail
December 15, 2006 | 12:00am
The fourth division of the Sandiganbayan has sentenced the provincial planning and development coordinator of Nueva Vizcaya to 12 years imprisonment for estafa and falsification of public documents.
In a decision last Dec. 4, the anti-graft court found Frederico Andaya guilty of pocketing P100,000 in April 1998 by falsifying a receipt for the purchase of a Kia Besta van as a service vehicle of the provincial government.
The Sandiganbayan ordered Andaya to pay the Nueva Vizcaya provincial government P100,000 as indemnity and perpetually disqualified him from holding any public office.
The court, meanwhile, acquitted Andayas co-accused, Eddie Chua, general manager of the Kia Motor Sales Corp. in Pasay City, after the prosecution failed to prove its allegation that the two had conspired.
Prosecution witnesses testified that a sum of P600,000 was released to Andaya specifically for the acquisition of a service vehicle on April 8, 1998.
Court records show that after the Kia Besta van was delivered, Andaya submitted a liquidation report to the provincial treasurers office with a disbursement voucher showing that the van supposedly cost P520,363.64. However, it was later discovered that only P420,363.64 was actually paid for the vehicle.
The anomaly was only exposed after provincial general services officer Tomas Garra filed a complaint with the Department of Trade and Industry (DTI) when he saw an advertisement that the Kia Besta van was being sold at a promotional price of only P445,000.
When asked to clarify the transaction, Chua produced documents showing that Andaya paid only P420,363.64 for the van, as reflected in the official receipt.
This was also backed by the sales order and the DTIs finding that Kia Motors had complied with its sales promotion under the Consumer Act.
"It is clear that the falsified customers copy of the official receipt was used by accused Andaya as a supporting document. Without this falsified document, such misappropriation would not have been possible," the court said.
In a decision last Dec. 4, the anti-graft court found Frederico Andaya guilty of pocketing P100,000 in April 1998 by falsifying a receipt for the purchase of a Kia Besta van as a service vehicle of the provincial government.
The Sandiganbayan ordered Andaya to pay the Nueva Vizcaya provincial government P100,000 as indemnity and perpetually disqualified him from holding any public office.
The court, meanwhile, acquitted Andayas co-accused, Eddie Chua, general manager of the Kia Motor Sales Corp. in Pasay City, after the prosecution failed to prove its allegation that the two had conspired.
Prosecution witnesses testified that a sum of P600,000 was released to Andaya specifically for the acquisition of a service vehicle on April 8, 1998.
Court records show that after the Kia Besta van was delivered, Andaya submitted a liquidation report to the provincial treasurers office with a disbursement voucher showing that the van supposedly cost P520,363.64. However, it was later discovered that only P420,363.64 was actually paid for the vehicle.
The anomaly was only exposed after provincial general services officer Tomas Garra filed a complaint with the Department of Trade and Industry (DTI) when he saw an advertisement that the Kia Besta van was being sold at a promotional price of only P445,000.
When asked to clarify the transaction, Chua produced documents showing that Andaya paid only P420,363.64 for the van, as reflected in the official receipt.
This was also backed by the sales order and the DTIs finding that Kia Motors had complied with its sales promotion under the Consumer Act.
"It is clear that the falsified customers copy of the official receipt was used by accused Andaya as a supporting document. Without this falsified document, such misappropriation would not have been possible," the court said.
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