THE Sandiganbayan Third Division has affirmed the September 19, 2022 decision of the Davao City Regional Trial Court (RTC) that upheld a 2020 ruling of the Municipal Trial Court in Cities (MTCC) of Davao City convicting Chief Revenue Officer IV Leo Gonzales on two counts of violation of Section 7 (d) of RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
The anti-graft denied the defendant’s petition for certiorari in which he claimed the RTC erred in convicting him for soliciting P610,000 in cash and requesting a 10-hectare farmland from businessman Federico Barco in 2008.
Gonzales was meted imprisonment of one year for each count and had to pay the cost of the suit.
He reportedly promised Barco that the tax liability of his daughter would be reduced from P1,304,170.75 to just P90,000 which would be issued an official receipt if he paid P700,000 in cash.
In addition, Barcos said Gonzales asked him for a 10-hectare slice out of his 130-hectare banana farm in Arakan, North Cotabato.
When asked by Barco why only P90,000 will have a receipt and what will happen to the balance of P610,000, the complainant said Gonzales replied: “Marami kami.”
In his petition, the accused argued that the RTC should not have convicted him based solely on the “biased and malicious” testimony of Barco, the only witness presented by the prosecution.
The Sandiganbayan, however, rejected Gonzales’ assertion that the ruling of the RTC was tainted with abuse of discretion.
“Although it may be true that the prosecution presented only one witness, however, jurisprudence has consistently taught us that, so long as the testimony is credible and convincing, one witness may suffice,” the anti-graft court said.
On the other hand, it noted that Gonzales’ defenses were only denial and alibi.
In addition, the court noted that the accused met several times with Barco even if he was not the subject of the assessment for tax liability but the Bak Bak Native Chicken, a local eatery operated by his daughter.
