SC upholds forfeiture of ex-AFP chief Abadia ‘ill-gotten wealth’

CEBU, Philippines - The Supreme Court has upheld a Sandiganbayan decision ordering the forfeiture of a retired military chief's "unexplained wealth" worth P11.26 million.

A gmanetwork.com report said that in a two-page notice of resolution, the high court's Third Division dismissed a petition for review filed by former Armed Forces of the Philippines (AFP) chief Lisandro Abadia contesting two rulings of the anti-graft court declaring P11,262,876.01 of  his wealth as ill-gotten and ordering its forfeiture.

"After a review of the records and finding no reversible error, the Court resolves to deny the petition and affirm the Sandiganbayan decision dated June 5, 2013 and its resolution dated September 18, 2013... which stated that petitioners were guilty of  having unexplained wealth amounting to P11,262,876.01 which should be forfeited in favor of the State," said the high court.

The notice of resolution was signed by Division Clerk of Court Lucita Abjelina Soriano.

In its decision, the Sandiganbayan Third Division said Abadia and his wife failed to convincingly explain how his declared net worth increased from P3.77 million in 1991 to P6.476 million in 1992 and P13.61 million in 1993.

The P11.26 million was the aggregate value of the ill-gotten wealth that the couple amassed while Abadia was in active military service as declared by the anti-graft court.

Abadia, who served in the military for 36 years, was chief of the AFP from 1991 to 1994, the year he retired from service.

Based on evidence submitted in court by Ombudsman prosecutor Charmaine M. Calalang, Abadia's total disposable income from 1987 to 1993 was P2.63 million against his family's expenses over the same period amounting to P2.77 million.

Taking into account the sum of P280,000 raised from the sale of a property in Parañaque, the prosecution said Abadia's net worth in 1993 would only have been P2.35 million.

The court said the difference between P2.35 million and his P13.61 million declared assets in 1993 would show an unexplained wealth of P11.26 million.

The anti-graft court said in case Abadia fails to return the amount to the government, the latter would order the forfeiture of his properties with the value equivalent to the amount.

Abadia, in his defense, claimed his 1992 income went up because he sold a property for P2.55 million.

The prosecution, however, presented a second deed of sale showing the selling price was only P200,000, although both documents were for the same lot with "the same area, metes and bounds."

Abadia was convicted of a perjury charge in July 2011 based on the discrepancy in the said property sale that was included in his 1992 Statement of Assets, Liabilities and Net Worth (SALN). (FREEMAN)