SARANGANI, Philippines — A management analyst of the Sarangani provincial government has been cleared of the criminal charges filed against him in connection with the alleged anomalous disbursement of funds.
In a 37-page decision promulgated on Dec. 13, the Sandiganbayan’s Fifth Division said the Office of the Ombudsman failed to prove the guilt of Alexis Jude de la Cruz for malversation of public funds through falsification of public documents and violation of the Anti-Graft and Corrupt Practices Act.
The prosecution failed to present any evidence to show that De la Cruz conspired with his co-accused, including former Sarangani governor Miguel Escobar, provincial accountant Suzette Clerigo, former vice mayor Reynaldo Constantino of Malungon town and his daughter and executive assistant Amelia Carmela Constantino-Zoleta.
“Conspiracy must be proved as convincingly and indubitably as the crime itself. Proof of conspiracy among the accused and between accused and Escobar has not been sufficiently established,” the court ruling read.
The court said no evidence or witness was presented to establish De la Cruz’s participation in the alleged crimes.
The charges stemmed from the disbursement of P250,000 in public funds supposedly as financial assistance to the organization Bamboo Craftsman in May 2002.
The ombudsman said investigation showed that Bamboo Craftsman neither requested nor received any financial aid from the provincial government.
The Supreme Court had earlier dismissed the charges filed against Escobar and Constantino due to the inordinate delay in the investigation by the ombudsman.