THE Sandiganbayan has ordered the arrest and immediate commitment to jail of a former official of the Department of Public Works and Highways (DPWH) and a businesswoman supplier who were convicted last month of multiple counts of estafa through falsification of public documents and violation of the Anti-Graft and Corrupt Practices Act (RA 3019).
In a resolution dated April 8, 2025, the anti-graft court’s Seventh Division threw out the defendants’ motions seeking leave of court to avail of appeals processes despite their non-appearance in court when the decision was promulgated on March 14, 2025.
Defendant Napoleon Anas, a former supply officer of the DPWH, was convicted of 38 counts of graft and 38 counts of estafa, while private defendant Janette Bugayong was found guilty of 15 counts of both criminal charges.
They were sentenced to six to eight years imprisonment and a P5,000 fine for each count of graft, with perpetual disqualification from holding any public office.
For each count of estafa, the penalty was two years and four months to 10 years. All the accused in the case were held jointly liable to pay the government a total of P1.9 million as compensation.
The cases were based on the audit findings of former state auditor Linda Marasigan who found that six DPWH officials and the private defendants conspired to defraud the government by falsifying repair records on various vehicles in the DPWH fleet between 2000 to 2001.
Prosecutors said they traced 4,406 bogus transactions that cost the government more than P82 million but the ruling of the Sandiganbayan Seventh Division only covered 41 counts of graft and 41 counts of estafa.
When the decision was released last March 14, neither Anas nor Bugayong showed up in court although their lawyers appeared and informed the court that neither of the two have replied to his messages to advise him of their whereabouts.
In their separate Motions for Leave to Avail of Post-Judgment Remedies both dated March 27, 2025, Anas and Bugayong both invoked health reasons for their non-appearance during the promulgation.
Counsel for the former DPWH official said he has been diagnosed with Parkinson’s Disease with borderline old age dementia. On the other hand, Bugayong said she is suffering from deep vein thrombosis which requires medical treatment.
The court however, pointed out that the two lost their standing in court after their absence during promulgation of judgment. To regain the same standing and be recognized by the court, they first have to surrender themselves.
“Before this court could even delve into the justifications offered by accused Anas and Bugayong, one thing is clearly lacking, as observed by the prosecution: a surrender by both accused. Accused Anas and Bugayong did not surrender to this court within 15 days from the promulgation of judgment,” the Sandiganbayan said.
It noted that despite her supposed serious ailment, Bugayong was able to go to her doctor for an out-patient medical consultation on the day that she was supposed to be in court.
“In a similar manner, accused Anas failed to establish that his illness rendered him incapable of coming to court during the promulgation of judgment. While this court may take notice that he was taking medicines and receiving prescriptions, this cannot be extended so far as to prove that he was suffering from a debilitating illness,” it added.
