BUSINESSMAN Cedric Lee and former Mariveles, Bataan mayor Angel Peliglorio Jr. have failed to win a reversal of the June 3, 2022 Sandiganbayan decision that pronounced them guilty of malversation of public funds in relation to the payment of P23.47 million for a public works project that never materialized.
The anti-graft court’s Third Division denied separate Motions for Reconsideration filed by the two that claimed the evidence was insufficient to support a conviction.
In the assailed decision, the Sandiganbayan held that Peliglorio illegally prompted the release of P23.47 million as payment to Lee’s firm, Izumo Contractors Inc., which won the contract for the design and construction of the Mariveles Public Market in 2005.
Prosecutors said that despite the release of the money, the project never materialized.
In his appeal, Peliglorio tried to shift the blame to the Land Bank of the Philippines, saying it was the real custodian of proceeds of the loan to fund the public market construction.
He denied any knowledge of the release of the sum by Landbank, adding that he never signed the letter instructing the bank to release the payment.
Lee argued that there was no proof that he converted the money for his personal use and that his firm rendered service, including a comprehensive technical survey and architectural and engineering designs.
But the court was unimpressed.
It noted that Landbank could not have released the money without the written instructions of Peliglorio.
The Sandiganbayan held that it found the supposed services performed by Lee’s firm doubtful since he failed to provide copies of the designs and other outputs that would justify the release of payment.
While the court did not modify the original sentence of 12 to 18 years, it granted the prosecution’s request to impose additional penalty against both accused in the form of P19.442 million restitution to the municipal government of Mariveles.
However, fines amounting to P23.47 million previously imposed in the June 3, 2022 ruling were lowered to P19.442 million based on the amount in the credit slip that was acknowledged by Lee.
