MANILA, Philippines – The Sandiganbayan Fifth Division affirmed the conviction Monday of three retired police officials who were found guilty of being involved in a multimillion-peso ghost purchase of supplies six months ago.
The anti-graft court denied the motions for reconsideration filed by former superintendents Van Luspo and Arturo Montano, and retired chief inspector Salvador Duran Sr. which sought to reverse its Jan. 19, 2009 ruling.
In an eight-page ruling penned by Associate Justice Roland Jurado, the Fifth Division also junked an appeal filed by private contractor Margarita Tugaoen who, along with the police officials, were sentenced to a maximum of 10 years in jail and ordered to reimburse the government in the amount of P10 million. The anti-graft court said all three failed to raise issues or new arguments that would warrant any reconsideration of its earlier decision to convict them.
“Neither any of the accused raise anything that would persuade the court to alter any conclusion reached on the questioned decision for being contrary to law,” the ruling said. The court said a simple reading of the motion would readily reveal that all matters raised have already been considered, weighed, and exhaustively discussed noting that “there is simply no new or substantial legitimate ground to justify the reconsideration sought.” The Fifth Division found Luspo, Montano, Duran and Tugaoen guilty of graft after the prosecution succeeded in presenting enough evidence of the ghost purchase and delivery of Combat Clothing and Individual Equipment (CCIE) to the Philippine National Police in 1992 based on how checks were issued in payment for items that were never delivered.
Deputy Special Prosecutor Jesus Micael, lauding Assistant Special Prosecutor and Acting Director of Prosecution Bureau 5 John Turalba for securing a conviction, said former PNP comptroller Guillermo Domondon was acquitted along with former PNP chief Cesar Nazareno who passed away before the trial came to a close.