THE Sandiganbayan has affirmed the six-year vacation in the slammer of a former barangay chairman in Sampaloc, Manila as it denied the local leader’s appeal on his graft conviction.
In a resolution dated October 15, 2021, Associate Justice and Fifth Division chairperson Rafael R. Lagos affirmed that Danilo Zausa, former chairman of Barangay 401, Zone 41 in Sampaloc, Manila was guilty of one count of violation of Section 3 (e) of RA 3019 or the Anti-Graft and Corrupt Practices Act based on a complaint filed by a businesswoman who extended a P226,500 cash loan to the defendant.
Zausa was first pronounced guilty by the Manila Regional Trial Court Branch 27, whose ruling was sustained by the anti-graft court on April 19, 2021.
In its ruling, the Manila court noted that of the borrowed sum, the defendant failed to pay P171,000 causing undue injury to the complainant.
In his motion for reconsideration, Zausa pleaded for understanding from the Sandiganbayan saying the case is about a “dedicated public officer who endeavored to maintain the continuous operation of his office despite lack of public funds.”
He argued that he was forced to resort to borrowing because the barangay’s coffers could not sustain its operations.
However, government prosecutors pointed out that in his previous defense, Zausa cited the breast cancer operation of his niece as the reason for asking for the loan.
Likewise, they noted that the loan was obtained on the misrepresentation that the lender would be awarded supply contracts from the barangay.
The anti-graft court found the motion for reconsideration bereft of merit.
“These arguments have already been deliberated and exhaustively passed upon. We find no cogent reason to overturn our previous pronouncement. This Court maintains its ruling that as proven by prosecution’s evidence, accused-appellant Zausa’s guilt has been very well established beyond reasonable doubt,” the Sandiganbayan said.
