Cebu ex-barangay execs get 20 years

Over P80,000 ghost repair projects

MANILA, Philippines — Three former barangay officials in Naga City in Cebu were sentenced to up to 20 years in prison for graft over disbursements amounting to P80,000 for a ghost basketball court and barangay hall renovation projects, in a decision affirmed by the Sandiganbayan Third Division on Sept. 12.

In the 22-page decision, the Sandiganbayan upheld the ruling of the Cebu City Regional Trial Court Branch 5 finding former Barangay Bairan councilors Reynaldo Espinosa and Bernardino Cania and former barangay treasurer Felix Lacara guilty of two counts each of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The trial court had earlier sentenced the former officials to six to 10 years of imprisonment for each count of the offense, or a total of 12 to 20 years for both counts. They were also ordered to jointly reimburse P80,000 to Barangay Bairan, equivalent to the amount of public funds found to have been illegally disbursed.

The cases against the primary accused, former Barangay Bairan chairman Rufino Sabanal, were ordered dismissed by reason of his death.

The cases stemmed from the disbursements by the defendants of P30,000 and P50,000 in June and July 2010, respectively, for the supposed purchase of construction materials for the repair and improvement of a basketball court and a barangay hall.

The disbursed funds were supposedly paid to supplier Golden C & J Marketing even when no such projects were implemented by the barangay.

In upholding the conviction of the three former officials, the Third Division said the Office of the Ombudsman prosecutors were able to prove conspiracy to commit the crime – particularly by accomplishing fictitious programs of work, purchase orders, job orders, accomplishment, inspection and acceptance reports and other supporting documents, and making it appear that the projects were implemented.

“The signatures of Espinosa, Cania, Lacara and Sabanal facilitated the disbursement and release of P30,000 and P50,000… for the repair, renovation or improvement of the basketball court fence and barangay hall, respectively. Espinosa and Cania knew that the projects were never implemented because they accompanied the COA (Commission on Audit) audit team in the ocular inspection of the basketball court and barangay hall,” the Third Division said.

“The checks would not have been issued and released without the disbursement vouchers, programs of works and bills of materials, accomplishment reports, payrolls, job order, purchase orders, and inspection and acceptance reports which they signed,” it added.