CEBU - For lack of sufficient evidence, the court acquitted a warehouse supervisor of the National Food Authority who was charged of malversation of public property.
Regional Trial Court branch 12 judge Estella Alma-Singco said the prosecution failed to present sufficient evidence to prove that NFA warehouse supervisor Alberto Gempesao is guilty of the accusation that he has malversed more than P12,000 worth of rice, corn grains and empty sacks more than 20 years ago.
Gempesao was accused by the Commission on Audit of having embezzled 875.92 kilos of imported rice, 375 kilos of white corn grains and empty sacks amounting to P12,441.38 sometime between the period of March 16, 1986 to November 15, 1986.
In its initial audit report, COA discovered that there was shortage of the imported rice and corn grains stored in NFA warehouse number 31 where Gempesao was designated as supervisor.
Based on the documents Gempesao received a total of 213,847.15 kilos of imported rice and 11,066.83 kilos of corn grains during the period of March 16 to November 15, 1986. He was able to dispose a total of 212,611.23 kilos of imported rice, thereby leaving a balance of 875.92 kilos.
The state auditors however admitted before the court that they could not prove whether or not the shortage was converted by Gempesao to his personal use.
Gempesao, who has already retired, denied the case claiming that the shortage could have been due to pilferage in the warehouse. He also said that he has fully paid the amount lost in the year 2000 before the case was filed in court through salary deduction starting in March 1994 until it was fully paid in May 2000.
While the court ruled that the first three elements of malversation are present in the case, Gempesao, being a public official then, was in custody of the property and should have been accountable for it.
However, the court said that the prosecution failed to prove that the accused had used the missing stocks and empty sacks for personal gain.
Anchored on the prosecution’s failure to adduce evidence to this effect, the court ruled in favor of the accused by dismissing the case. — Fred P. Languido/WAB (THE FREEMAN)