Sandigan affirms jail time vs Calamba official, traders over forged checks

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THE Sandiganbayan has affirmed the conviction of a former official of the Calamba City government on 25 counts of malversation of public funds for siphoning money from the city coffers using forged checks.

Defendant Eva del Valle Dijamco, former administrative assistant, is facing imprisonment of eight years for each count or a total of 200 years. She was also ordered to pay fines amounting to P19.82 million.

Likewise affirmed were the convictions of Dijamco’s co-accused, private defendants Bryan Abarca of Dylan Benjamin Trading and Alvin Aquino of Alvin Aquino Enterprise. Both were pronounced guilty of one count each of malversation and sentenced to eight to 12 years imprisonment.

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In its assailed decision issued last May 23, 2022, the Sandiganbayan Fourth Division said it found sufficient evidence that the accused pocketed public funds using falsified checks to draw money from the city government’s General Fund (GF) and Special Education Fund (SEF) accounts.

The crime was discovered by a special audit team headed by state auditor Rebecca Ciriaco following the loss of or theft of two checkbooks on Calamba City’s GF and SEF accounts with the Philippine National Bank reported by the city treasurer.

Review of transactions on the two bank accounts led auditors to the 30 checks that were used on P26.63 million worth of procurement payments, including 25 checks signed by Dijamco.

In their separate motions for consideration, the three defendants challenged the court’s pronouncement that there was sufficient evidence to prove their guilt.

Dijamco sought another opportunity to present evidence in her defense, saying her lawyer never called her to be a witness even if she was willing to testify.

Abarca and Aquino said the evidence against them was weak, being circumstantial at best.
Absent evidence that the lawyer was negligent, the Sandiganbayan ruled that it cannot grant a new trial.

“The Supreme Court reminds that new trial only obtains upon proof of gross negligence of counsel, otherwise, it must be denied or else there shall be no end to litigation,” the court pointed out.

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