Over GSP fund mess: Clavel, Paz, others guilty

CEBU, Philippines — Former Cebu Fourth District Rep. Clavel Asas-Martinez, incumbent Lapu-Lapu City Rep. Paz Radaza, and several others were found guilty by the Sandiganbayan for malversation of public funds and violation of the Anti-Graft and Corrupt Practices Act in connection with the anomalous disbursement of funds from the Girl Scouts of the Philippines-Cebu Council amounting to millions of pesos way back in 2002.

The respondents include: Radaza, who was then the treasurer of GSP-Cebu Council from 1997-2003; former Bogo City (then a municipality) Mayor Celestino “Tining” Martinez III, who is a son of Clavel; Rhett Minguez (municipal treasurer); Cresencio Verdida (municipal accountant); Rhodariza Kilantang (GSP-Cebu Council bookkeeper); Julieta Quinio (GSP-Cebu Council cashier-designate);

Maria Cielo Martinez (also former GSP-Cebu Council treasurer and daughter of Clavel); and Alejandrita Meca.

The three Martinezes, Minguez, Verdida, Kilantang and Quino were charged with two counts (SB-12-CRM-0380 to 0381) for violation of Section 3(e) of Republic Act No. 3019 and malversation under Article 217 of the Revised Penal Code.

Clavel, Tining, Minguez, Verdida, Kilantang, Quiño, Meca and Radaza were charged with four counts (SB-14-CRM-0283 to 0286) for the same violations.

For SB-12-CRM-0380, all the accused were found guilty of the said crime  and sentenced to suffer the penalty of imprisonment of six years and one day and one month as minimum, to ten years, as maximum. All of the accused were also sentenced to suffer perpetual disqualification from holding any public office and loss of all retirement benefits under the law.

For SB-12-CRM-0381, all accused were found guilty of the crime and sentenced to suffer the penalty of imprisonment of eight years and one day of prision mayor in its medium period, as minimum, to 17 years and four months of reclusion temporal in the medium period, as maximum. All of the accused were also sentenced to suffer perpetual disqualification from holding any public office and loss of all retirement benefits under the law.

Also, all accused are each ordered to pay a fine of P10 million.

For SB-14-CRM-0283 and 0284, all accused were found guilty beyond reasonable doubt and sentenced to suffer the penalty of imprisonment of six years and one day and one month as minimum, to 10 years, as maximum, as well as perpetual disqualification from holding any public office and loss of all retirement benefits under the law.

For SB-14-CRM-0285, accused Clavel, Tining and Verdida were found guilty beyond reasonable doubt for the crime of malversation of public funds and sentenced to suffer an imprisonment of 10 years and one day of prision mayor, as minimum, to 17 years, four months, and one day of reclusion temporal, as maximum.

In addition, all of the accused also suffer perpetual disqualification from holding any public office and loss of all retirement benefits under the law.

The court said that all accused were also ordered to pay a fine of P7.1 million. They were also held liable, jointly and severally, to return/reimburse to the government, through the Bureau of Treasury, the amount of P7.1 million with interest computed from finality of this decision until paid.

For SB-14-CRM-0286, Clavel, Tining and Verdida were found guilty beyond reasonable doubt for the crime of malversation of public funds and sentenced to suffer an imprisonment of ten years and one day of prision mayor, as minimum, to 18 years, eight months, and one day of reclusion temporal, as maximum.

Accused Minguez, Kilantang, Radaza and Quiño were found guilty beyond reasonable doubt for the crime of malversation of public funds and sentenced to suffer an imprisonment of ten years and one day of prision mayor, as minimum, to 17 years, four months, and one day of reclusion temporal, as maximum.

All accused shall also suffer perpetual disqualification from holding any public office and loss of all retirement benefits under the law.

They are also ordered to pay a fine of P7.3 million and they are also held liable, jointly and severally, to return/reimburse to the government, through the Bureau of Treasury, the amount of P7.3 million with interest computed from finality of this decision until paid.

As to accused Meca, who remains at large and has yet to be arraigned in these cases, the records are ordered sent to the archives and to be revived upon  her voluntary surrender or arrest by lawful authorities.

As for SB-12-CRM-0380, the information showed that during the months of September and October 2003, all accused (accountable public officers and accountable for public funds received by them by reason of the duties of their office and together with the private individuals of GSP-Cebu Council) committed the crime by acting with manifest partiality, evident bas faith or gross inexcusable negligence willfully, unlawfully and criminally cause undue injury to the government and GSP-Cebu Council, by converting and misappropriating funds source from the Priority Development Fund of Clavel amounting to P10 million which is intended for the GSP-Cebu Council’s anti-drug campaign.

The said amount, however, was deposited to the bank account of Clavel.

Conspiracy

The Court found that accused Clavel to have conspired with all her co-accused in withdrawing, on three different dates/occasions , the total amount of P25 million from the Landbank accounts of GSP-Cebu Council, representing her PDAF allocations for the years 2002 and 2003.

The Court added that the first withdrawal was made by Clavel on June 14, 2002 worth P7.5 million; the second withdrawal was made on September 20, 2002 worth P7.5 million; and the third withdrawal was made on October 27, 2003 worth wherein Clavel was able to withdraw the total sum of P11,500,000 but only P10 million was deposited to her personal account, while the remaining P1.5 million was returned to the account of LGU-Bogo as it was found out later that the same was erroneously released to GSP-Cebu Council because it actually pertained to the PDAF allocations of the Bayan Muna Partylist.

“While it is true that the totality of the evidence adduced in these cases point to the conclusion that it was only accused Clavel A. Martinez who reaped the fruits of what they sow as no amount was shown to have been shared or given to any of the other accused, they were all shown to have conspired with one another and are therefore liable as co-principals,” part of the decision reads.

All accused, except for Meca and Radaza, pleaded not guilty of the crimes  charged while Radaza entered a no plea during their arraignment.

Not Final

Sought for comments, Tining said that this decision is not yet final and that their camp will be filing a motion for reconsideration.

Radaza, through her lawyer Anzen Dy, said that these cases are not related to the latter’s discharge of her duties as a public officer, as she was charged in these cases as a private individual in her capacity as the former treasurer of GSP-Cebu Council.

“The Court held that there was conspiracy among all the accused, hence the verdict. In its joint decision, the Court, nevertheless, found that the pieces of evidence on record are clear that Cong. Radaza did not solicit the subject funds; neither did the evidence show that she participated in the transfer, receipt and deposit of said funds to the bank account of GSP-Cebu Council. The Court also noted that there is likewise nothing in the prosecution’s evidence that would even suggest that Cong. Radaza benefited financially from the transfer and withdrawal of said funds,” part of the statement reads.

The statement added that Radaza will take all available legal remedies to set aside the joint decision against her. – JMD (FREEMAN)