THE Sandiganbayan has set aside the 17 graft convictions of a department manager of the National Irrigation Administration (NIA).
The anti-graft court’s decision reversed the Oct. 7, 2019 decision of the Quezon City regional trial court which found defendant Virginia R. Atienza, who is the manager of the NIA Finance Management Department, guilty of illegally receiving monthly transportation allowances amounting to P3,000 to P3,500 from April 2007 to October 2008 even if she already had an office-issued service vehicle.
The court sentenced Atienza to six to 10 years imprisonment for each count of violation of Section 3 (e) of the Anti-Graft and Corrupt Practices Act (RA 3019) and disqualified her from holding public office perpetually.
Citing Section 361 9h) of the Government Accounting and Auditing Manual, the prosecutors noted that all government officials using government motor vehicles are barred from receiving transportation allowances.
In granting Atienza’s appeal, the Sandiganbayan Second Division held that it could not sustain the finding of the lower court that the appellant acted with manifest partiality and evident bad faith.
“It is evident bad faith, not simply bad faith, that is the mode of commission of offenses imputed to appellant. Appellant’s receipt of the transportation allowances is admittedly contrary to (law). But even if that was so, the Court holds that it did not amount to a criminal act of violation of Section 3 (e) of RA 3019,” the anti-graft court said.
