THE Sandiganbayan has thrown out the appeal filed by two officials of Barangay 4 – Poblacion, Mulanay in Quezon province seeking the reversal of their conviction on a malversation charge two years ago.
In a 22-page Decision, the anti-graft court’s Seventh Division affirmed the June 15, 2023 ruling of the Gumaca, Quezon Regional Trial Court Branch 61 that found accused former punong barangay Annabelle Veluya and barangay treasurer Jocelyn Jaqueca guilty of misappropriating public funds amounting to P900,495 for their benefits.
Associate Justices Ma. Theresa Dolores C. Gomez-Estoesta, Zaldy V. Trespeses, and Georgina D. Hidalgo likewise upheld the sentence of imprisonment for two to six years imposed against the two defendants as well as the fine of P900,495 and perpetual disqualification from any public office.
The case stemmed from the complaint of Veluya’s successor, barangay chairperson Sisenando Roces, who discovered that the agency’s funds were depleted as there was no documented turnover of barangay funds from the previous administration.
It was also Roces who requested a special audit to track what happened to the barangay’s money and pinpoint accountability for spending it without proper documentation.
The report of the special audit team disclosed the unaccounted sum of P900,495 that was supposed to be used for various programs and projects, including the paving of the barangay road.
The audit became the basis for the criminal case naming Veluya as the signatory and payee of various check disbursements despite the lack of appropriation and Jaqueca, who had official custody over the barangay’s fund by virtue of her designation.
The two accused challenged their conviction by the RTC on the ground that Jonathan de Castro, the COA auditor who conducted the special audit, was not presented in court to testify on his findings.
In addition, they questioned the absence of proof that there was a demand for either of them to produce the barangay’s funds.
The court, however, said both were unnecessary to establish the crime.
It pointed out that State Auditor Estela Manzano, as leader of the special audit team, was the one who signed the audit observation memorandum requiring the defendants to explain where the missing barangay funds were spent.
“The non-presentation of De Castro did not diminish the probative value of Manzano’s testimony. Manzano had all the right to rely to a certain extent on the official report of her subordinate who officially worked under her control and supervision,” the Sandiganbayan said.
Likewise, it held that the record of disbursement of the missing barangay funds through 67 checks released without documentation constituted proof that “the subject government funds were put to personal use.”
“Oddly, the accused-appellants did not in any way refute or counter the evidence against them, having belatedly opted to plea bargain to a lesser offense but which was denied by the trial court. The prosecution was able to prove that Veluya and Jaqueca took and misappropriated the subject P900,495.00 barangay funds under their custody and control for a purported barangay transaction,” the court said.
