MANILA, Philippines — Former Davao del Sur vice governor Marc Douglas Cagas IV may spend up to two years in prison for misuse of nearly P13 million of his Priority Development Assistance Fund (PDAF) or pork barrel when he was congressman from 2007 to 2009.
In a 10-page decision promulgated on May 13 and uploaded on the Sandiganbayan’s website recently, the anti-graft court’s third division found Cagas guilty of four counts of fraud against the public treasury under Article 213 of the Revised Penal Code, three counts of failure to render accounts under Article 218 of the RPC and falsification of public documents under Article 172.
Cagas was sentenced to four months up to two years in prison for the falsification offense.
He was ordered to pay a fine of P63,000 for all the offenses “with subsidiary imprisonment in case of insolvency.” This means that Cagas will have to serve additional prison term if he cannot pay the amount.
Cagas was originally charged by the Office of the Ombudsman with four counts of graft, three counts of malversation of public funds and malversation of public funds through falsification of public documents.
He entered into a plea bargain agreement with the Office of the Special Prosecutor in 2021. Under the deal, he pleaded guilty to lesser offenses in exchange for the dropping of the original cases, which carry heavier prison terms and fines.
Cagas also agreed to pay P12.95 million, which is equivalent to the amount of his PDAF that was misused.
The third division said Cagas has satisfied the payment of P12.95 million in restitution.
During his rearraignment last May 13, Cagas pleaded guilty to the lesser offenses of four counts of fraud against public treasury, three counts of failure to render accounts and falsification of public documents.
In a separate resolution promulgated on July 12, the court denied Cagas’ motion to be allowed to withdraw the fine of P63,000 he paid in connection with his conviction, saying he intends to serve his sentence by way of probation.
“We find surprising Cagas’ insistence on withdrawing the amount of fines that he paid, considering that these were part of the penalties imposed by this court,” the third division said.
The Third Division said that while it respects Cagas right to apply for probation, it is not something that is automatically granted to an accuse