The anti-graft court also fined Joselito Silvosa P10,000, which will be converted into an additional prison term if he refuses or is unable to pay.
Agents of the National Bureau of Investigation (NBI) arrested Silvosa on Oct. 15, 2002 in the act of receiving P5,000 in marked money from complainant Nilo Lanticse.
NBI Region 10 chief Virgilio Mendez laid out an entrapment for Silvosa after Lanticse filed a complaint, saying that the acting Bukidnon prosecutor had asked for P15,000 in exchange for the withdrawal of criminal charges against his father-in-law.
Lanticse said his father-in-law, Arsenio Cadinas, should have been released from detention earlier after his accusers in a homicide case had executed affidavits of desistance.
But Silvosa, according to Lanticse, refused to drop the case unless he gave in to his demand.
In his defense, Silvosa said he was not aware that the envelope, which Lanticse had dropped into his drawer, contained money.
He alleged that then Bukidnon governor Jose Zubiri orchestrated the case against him after he refused to drop it as the latter had wanted.
Silvosa said he refused to give in to Zubiri’s alleged demand since the case was already at the stage of reception of evidence.
The Sandiganbayan, however, overruled Silvosa’s arguments, citing a video footage taken by a television crew during the NBI entrapment that showed him smiling and even thanking Lanticse for delivering the money.
NBI experts also found traces of fluorescent powder on Silvosa’s hands, which proved that he had touched the money.
"(Silvosa’s) claim that his arrest was part of the demolition job against him by Gov. Zubiri was inconceivable. Aside from it being a mere conjectural allegation, the defendant failed to present any evidence to support (it). Allegation without proof is not evidence," the third division’s decision stated.