FORMER Sarangani provincial governor Miguel Escobar has failed in his bid for a reversal of his conviction by the Sandiganbayan on charges of graft and malversation of public funds last August 15, 2023.
In a resolution penned by Associate Justice Kevin Narce B. Vivero, the anti-graft court’s Sixth Division denied separate motions for reconsideration filed by Escobar and his co-accused, former management analyst Alexis Jude dela Cruz, and affirmed their guilty verdict.
“After a careful review of the arguments raised before this Court, we find no valid reason to grant the Motions for Reconsideration filed by accused Escobar and Dela Cruz,” the Sandiganbayan said.
Associate Justices Sarah Jane T. Fernandez and Michael Frederick L. Musngi concurred.
Based on the assailed decision, the two were held criminal liable for conspiracy to defraud the government by facilitating the release of P450,000 in government funds using a falsified disbursement voucher.
Both were sentenced to six to ten years imprisonment for each case, or a total of 12 to 20 years with perpetual disqualification to hold public office.
They were likewise ordered to pay fines of P5,000 each on top of civil liability in the sum of P450,000 payable to the Bureau of Treasury.
According to the 2011 indictment, government prosecutors accused Escobar of conniving with Dela Cruz, members of the Sangguniang Panlalawigan, and then vice Governor Felipe Constantino in the fraudulent disbursement of funds drawn from the Development Bank of the Philippines by making it appear that the money will be used as financial assistance to a group of fishing families under the Malapatan Fishermen’s Group in the municipality of Malapatan, Sarangani.
Upon verification however, corruption investigators found that the Malapatan Fishermen’s Group neither requested nor received the money from the provincial government.
In their appeals, Escobar and dela Cruz argued that the cases should have been dismissed outright instead of proceeding to trial since there was inordinate delay in the filing of the cases.
They pointed out that the resolution of the Office of the Ombudsman-Mindanao was signed on August 4, 2004 but the criminal information were filed in court only on November 17, 2011, hence languishing for more than seven years.
Both defendants complained of violation of their rights to speedy disposition of cases.
The Sandiganbayan however noted that these were the same arguments raised previously by the defense and simply rehashed.
It pointed out that the accused failed to assert their rights to speedy disposition of the pending cases having filed no motions for early resolution.
“Therefore, this Court can only reiterate its ruling that the prosecution sufficiently proved the existence of all the essential elements of the crimes charged as well as the existence of conspiracy among the accused,” the court declared.
“All told, accused Escobar and Dela Cruz failed to show any compelling reason why this Court should re-evaluate their arguments in their Motions and overturn its earlier pronouncement,” it added.