FORMER Narvacan, Ilocos Sur mayor Zuriel Zaragoza was convicted yesterday by the Sandiganbayan of one count of violation of the Anti-Graft and Corrupt Practices Act over the anomalous disbursement of P81 million share of the municipality from the Tobacco Excise Tax in 2016.
In its 47-page decision penned by Presiding Justice Geraldine Faith A. Econg, the anti-graft court’s Second Division held that the prosecution’s testimonial and documentary evidence supported the allegation that the accused former mayor caused the municipality undue injury by depriving the local farmers of financial assistance due them under Republic Act No. 7171 (An Act to Promote the Development of the Farmer in the Virginia Tobacco Producing Provinces).
Associate Justices Edgardo M. Caldona and Arthur O. Malabaguio concurred.
Zaragoza was sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office.
However, he was acquitted on a separate charge of malversation of public funds on the ground that he was able to account for the tobacco excise tax funds, albeit belatedly, after the Commission on Audit issued notices of suspension requiring submission of documents in support of the disbursement of funds.
On the other hand, his three co-accused, including his father, former Narvacan mayor Edgardo Zaragoza, municipal accountant Melody Cadacio, and education research assistant Mario Cabinte, were cleared of criminal liability on all charges as the court declared that there was no proof that they conspired with accused Zuriel Zaragoza.
The cases filed by the Office of the Ombudsman in 2022 stemmed from a complaint filed by former Ilocos Sur Gov. Luis “Chavit” Singson.
What secured the conviction of the former mayor was the testimony of his erstwhile co-accused Constante Cabitac, president of the Federation of Farmers of Narvacan, Ilocos Sur, who turned state witness.
Prosecutors said it was Cabitac who personally encashed Landbank checks totaling P81 million in 2016 since they were issued in his name as president of the FFNII.
Cabitac told the court that he rode an armored vehicle together with Cadacio and Cabinte, which brought him to the residence of then-mayor Zuriel Zaragoza, where he was made to hand over the entire amount to the latter.
“To the Court, Cabitac was able to prove the details of how the transaction between him and accused Zuriel was carried out, considering that he had personal knowledge of what transpired. As president of the FFNII, Cabitac was highly competent to testify on these matters,” the court said.
Among the defendants, it was only the elder Zaragoza who testified for the defense while the convicted former mayor, Cadacio and Cabinte failed to take the witness stand.
At the same time, the defense did not take its opportunity to cross-examine Cabitac during his testimony.
“It is lamentable that they did not take advantage of the opportunity to directly confront Cabitac on his testimony or at least share their version of events by testifying. The Court thus gives full credence to Cabitac’s testimony because the same is not based on rumor, or hearsay, or second-hand stories but on personal knowledge as a party to this contrived scheme,” the Sandiganbayan said.
