FORMER Philippine Navy procurement officer and requisitioner Gilmer Batestil has been convicted by the Sandiganbayan of 20 counts of malversation of public funds and 16 counts of graft in connection to ghost deliveries of P54 million worth of medicines and medical supplies 32 years ago.
In a 544-page decision promulgated last September 16, the anti-graft court’s Third Division sentenced the former navy commander to 12 to 18 years for each count of malversation of public funds and six to 10 years for each count of graft with perpetual disqualification from holding public office.
He was also fined P17.094 million equivalent to the sum malversed, with legal interest of six percent yearly from the finality of the decision until full satisfaction.
Aside from Batestil, also convicted were special accountable officer for the Bonifacio Naval Station Erina Castillo (one count of graft) and private suppliers Edna Gianan of ERG Marketing (nine counts of malversation and five counts of graft) and Victoriano Chua of Intercon Trading (four counts of graft).
Gianan was also fined P7.7 million subject to six percent annual interest from finality of the decision until paid in full.
Presiding Justice Amparo M. Cabotaje-Tang penned the ruling, with Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurring.
The cases stemmed from a special audit conducted by a team dispatched by the Commission on Audit in 1994 headed by State Auditor Jeremia Lagunda as team leader and Melba Acquabera and Mila Lopez as members.
As principal witness for the prosecution, Lagunda testified that they found funds obligated in 1984 and 1985 were used to pay for transactions incurred in 1990 and 1991 totaling P85.85 million and to cover a 1992 check payment amounting to P67.64 million.
The audit team tagged the payments as irregular because the unutilized funds were supposed to be reverted to the national treasury in violation of Presidential Decree No. 1177 or the Budget Reform Decree of 1977.
Likewise, traces of splitting of orders were highlighted after procurement documents showed there were transactions made involving the same supplies in the same quantity, the same amounts of just under P1 million on dates very close to each other.
