THE Sandiganbayan Fourth Division has affirmed all 58 guilty verdicts against former Oroquieta City Water District (OCWD) Board chairperson Evelyn Catharine Silagon for malversation of public funds.
In its resolution dated June 29, 2023, the anti-graft court denied the defendant’s motion for reconsideration in which she sought reversal of the May 25, 2023 decision that sentenced her to a total of 67 years imprisonment.
Silagon was meted four months and one day for each case in the first batch of 34 malversation charges and two years and four months per case for the second batch of 24 charges.
However, she will only serve the equivalent of three prison correctional or around seven years because of the three-fold rule which bars imposition of penalties more than three times of the most severe sentence.
The Sandiganbayan however also imposed fines against her in the sum of P2.923 million as well as civil liability in the same amount payable to the OCWD.
In her appeal, the accused argued that the court erred in holding her guilty of malversation of public funds saying there was no evidence on record establishing that she was an accountable officer.
Likewise, she insisted that the prosecution failed to adduce any evidence showing that she was motivated by criminal intent and that the court violated her right to due process because she was not given the opportunity to meet witnesses against her face-to-face for cross-examination.
Silagon said her post as chairperson of the Board of Directors did not include the functions of an accountable officer hence, she was under no obligation to produce the cash on demand.
Likewise, she insisted that the money she received were payments due her as “legal indemnity for expenses and skills” that she used in securing the de-annexation of the OCWD from the Misamis Occidental Water District in 2009.
The Sandiganbayan swept aside her arguments noting that as head of the agency, she was primarily responsible for all government funds and property pertaining to the water district and was in fact, one of the authorized signatories of OCWD checks.
At the same time, it noted that she admitted on record having received money from the water district but failed to present supporting documents that she had valid claims against the OCWD.
“Accused Silagon did not put in question the genuineness or authenticity of her signatures appearing on checks and disbursement vouchers. Neither did she deny having received the proceeds thereof. Instead, she admitted that she received nearly P5,000,000 which is the aggregate amount involved in these cases,” the court pointed out.
Absent proof that defendant was entitled to funds taken from OCWD, the Sandiganbayan held that there is no reason to modify much less reverse its assailed decision.
