FORMER Bataan Shipyard and Engineering Co. Inc. (Baseco) president and board director Proceso Maligalig has been acquitted of graft and malversation by the Sandiganbayan.
In a 39-page decision promulgated on September 30, 2021 but released only yesterday, the Sixth Division said the prosecution failed to prove Maligalig collected rental payment from a shipping firm, released it from its obligations to Baseco, and pocketed the money.
“The basis of accused’s acquittal is reasonable doubt, which simply means that the evidence of the prosecution was not sufficient to sustain his guilt beyond the point of moral certainty,” the aanti-graft court declared.
Associate Justice Kevin Narce B. Vivero penned the ruling, with Associate Justices Sarah Jane T. Fernandez and Karl B. Miranda concurring.
Maligalig was accused of falsely declaring that the Baseco Board of Directors authorized him in 2010 to issue a “release, waiver, and quitclaim” in favor of Northstar Transport Facilities Inc.
The said quit claim covered Northstar’s unpaid rent amounting to P4,819,198.13 involving a Baseco property in Port Area, Manila.
Prosecutors said Northstar only paid P3.554 million but was issued a certification of full settlement based on the same quit claim.
They said the defendant also failed to remit the sum paid by Northstar to the agency and pocketed the money instead.
During trial, a witness for the defense testified that there was a meeting between Baseco officials and Northstar to amicably settle the unpaid rent amount. Other than agreeing on the settlement sum, Baseco also accepted offsetting the cost of the fencing and other improvements made by the cargo firm on the leased property.
The same witness said Maligalig was not present in the said meeting held at the Valle Varde Country Club in Pasig and that the settlement sum was paid through a check that was issued in favor of “Bataan Shipyard and Engineering Co. Inc.”
The witness, a former Baseco lawyer, said it was he who prepared the draft of the “Release, Waiver and Quitclaim” in compliance with a directive from Maligalig resulting from the settlement agreement.
