Sandiganbayan affirms 96-year term for ex-Navy captain, 3 others

MANILA, Philippines - The Sandiganbayan yesterday affirmed the conviction of a former Philippine Navy captain who was sentenced to 96 years in jail for falsifying public documents that resulted in the malversation of P10.44 million in government funds almost 20 years ago.

The anti-graft court’s Fifth Division denied retired captain Daniel San Juan’s motion for reconsideration of its April 30 decision that meted him a maximum jail term of 96 years.

In a seven-page ruling penned by Presiding Justice Ma. Cristina Cortez-Estrada, the court rejected his claim that the audit report pointing to the supposed ghost delivery of medical supplies in 1990 and 1991 to the military when he was still the medical accountable officer of the Philippine Navy was hearsay.

The Sandiganbayan said members of the Commission on Audit (COA) personally went to the places where the items were supposedly delivered but found sari-sari stores and residential apartments instead of offices.

“Thus, the COA audit report which was testified on by the auditors who conducted the same cannot be considered hearsay,” the court said.

“Accused San Juan’s defense that there was actual delivery of the subject medicines and medical supplies is based solely on his uncorroborated testimony, and apart from his solitary testimony, there is nothing by way of credible evidence that the court can rely on to even consider his claim,” the court noted.

Former Navy chief accountant Asuncion Jacinto and former lieutenants Walter Briones and Francisco Mata were also sentenced to serve two years to eight years each for 12 different counts of malversation of public funds through falsification of public documents.

Assistant Special Prosecutor II Joefferson Turibio said all four will have to be jailed for a minimum of 24 years to maximum of 96 years.

In its 52-page decision, the Sandiganbayan said the prosecution was able to prove how San Juan and his co-accused engaged in 12 transactions in 1990 and 1991 for the purchase of medicines for the military.

Court records show that the highest transaction for the ghost delivery of medical supplies amounted to P931,008 while the lowest amounted to P822,254.

“There were 12 purchases made, all ghost deliveries,” Turibio told The STAR in an interview.

He explained that though consolidated, the sentence covers 12 separate complaints for 12 different transactions, which means that each of the former Navy officers will serve each sentence one after the other.

Turibio said the conviction can be considered a vindication on the part of the government, considering that medicine shortage in the military was among the issues raised by the Magdalo Group.