ARSENIO Paring, a hired laborer, became a fugitive from justice for 30 years after being charged with malversation of public property in 1993, together with the principal and a teacher of the Buenavista East Elementary School in Buenavista, Agusan del Norte.
After his arrest in August 2024, he did not even have to present any evidence as government prosecutors simply withdrew the case, saying he should not have been charged at all since there was no testimony of a witness or a documentary exhibit that could have been presented against him.
The case stemmed from the chopping down of Yemane trees (Gmelina Arborea) standing inside the school campus in September 1988.
Named defendants were principal Cayetano Lolo Eco, teacher Rosendo Sagragao Jr., lumber buyer Rodolfo Gultinao and Paring.
Based on the criminal information filed, prosecutors alleged that the school principal and the teacher authorized the felling of the trees, hired Paring, who used a chainsaw, and sold the tree trunks to Gultiano.
However, in its Motion to Withdraw Information, the Office of the Special Prosecutor said that upon review of evidence, it found the 30-year-old case against Paring invalid.
They pointed out that he was not a public officer, had no control, custody, or accountability over the felled trees, and any potential witness against him was already dead.
More to the point, the cases against his three co-accused were already thrown out by the Sandiganbayan in 1995.
“Even if there was an allegation of conspiracy to commit malversation, the case against Paring should be dismissed because the case against Eco, Sagragao, and Gultiano was already dismissed on the merits. Paring should benefit from the dismissal of the malversation case,” the Sandiganbayan said.
And even if the prosecution can prove that the felled trees can be considered as public property, the court noted that there was no way for the prosecution to prove all the elements to sustain a case of malversation against Paring.
“The main case was already dismissed when the motion to withdraw Information was granted. There is no longer any valid Information for any criminal case against Paring,” the Sandiganbayan added.
