Supreme Court upholds graft conviction of Candao

MANILA, Philippines - The Supreme Court (SC) has upheld the conviction of Zacaria Candao, the first governor of the Autonomous Region in Muslim Mindanao (ARMM), for several counts of malversation of public funds amounting to P21 million.

In a decision promulgated last Oct. 19, the SC first division affirmed with modification the guilty verdict handed down by the Sandiganbayan in October 2008 on Candao, his regional executive secretary and brother Abas Candao, and former ARMM disbursing officer II Israel Haron.

The SC said the anti-graft court was correct in finding all three former officials guilty beyond reasonable doubt for nine counts of malversation of public funds under Article 217 (4) of the Revised Penal Code.

It upheld the fine ranging from P400,000 to P500,000 for each count.

The SC, however, lowered the sentence imposed by the Sandiganbayan on Candao and the two others to 10 to 17 years for each count – or a maximum of 153 years for all counts – and perpetual disqualification to hold public office.

The SC also ordered the appellants “to pay, jointly and severally, the Republic of the Philippines through the ARMM-Regional Treasurer, the total amount of P21,045,570.64 malversed funds as finally determined by the COA.”

The decision was penned by Associate Justice Martin Villarama with Chief Justice Renato Corona and Associate Justices Lucas Bersamin, Mariano del Castillo and Maria Lourdes Sereno all concurring.

The case stemmed from a Commission on Audit (COA) report which found that disbursements made in the autonomous region from December 1992 to March 1993 amounting to P21,045,570.64 were unlawfully withdrawn from the regional government’s accounts through the issuance of Philippine National Bank checks.

After the trial, the Sandiganbayan ruled that Candao and the two others had conspired in the scheme and junked their claim that the checks were covered by existing disbursement vouchers belatedly submitted to the COA central office.

In its ruling, the SC modified the sentence meted on Candao and the other accused and instead ordered them to suffer an indeterminate prison term of 10 years and one day of prision mayor maximum as minimum, to 17 years and four months of reclusion temporal medium, as maximum.

In revising the sentence, the SC applied the Indeterminate Sentence Law which provides that the minimum penalty – one degree lower from the maximum imposable penalty – shall be within the range of prision mayor maximum to reclusion temporal medium or 10 years and one day to 17 years and four months.

“Considering that neither aggravating nor mitigating circumstance attended the crime charged, the maximum imposable penalty shall be within the range of the medium period of reclusion temporal maximum to reclusion perpetua, or 18 years, eight months and one day to 20 years.

“The penalty imposed by the Sandiganbayan on petitioners needs therefore to be modified insofar as the maximum penalty is concerned and is hereby reduced to 17 years and four months of reclusion temporal medium, for each count,” the SC said.