Ex-Davao del Sur lawmaker granted probation

Convicted over pork barrel scam

MANILA, Philippines — The Sandiganbayan has granted the appeal of a former congressman of Davao del Sur to be placed under probation instead of serving his two-year prison sentence over his conviction in the pork barrel scam.

In a resolution promulgated on Oct. 28, the anti-graft court’s Third Division referred the application of former congressman Marc Douglas Cagas IV of the first district of Davao del Sur to the Parole and Probation Office in Digos City for post-sentence assessment.

The Sandiganbayan earlier found Cagas guilty of four counts of fraud against public treasury, three counts of failure to render accounts and one count of falsification of public documents as provided under Articles 213, 218 and 172 of the Revised Penal Code, respectively.

Cagas was sentenced to four months to up to two years in prison for the falsification charges and was ordered to pay a fine of P63,000 for all the offenses.

In the new ruling, the Third Division said the surrounding circumstances in the case showed that Cagas was qualified for probation as provided under Republic Act 10707 or the amended Probation Law.

Among the mitigating circumstances cited by the court was the full restitution by Cagas of P12.95 million to the national treasury, which was equivalent to the amount of his priority development assistance fund or pork barrel that was misused.

The anti-graft court also noted that Cagas has paid the fine of P63,000 for his conviction for fraud against public treasury and failure to render accounts.

The court directed the Parole and Probation officer of Digos City to determine the proper reformation program and services that Cagas must render in connection with his probation.

Cagas was directed to report to the probation officers within 72 hours from receipt of the resolution.

He was originally charged by the Office of the Ombudsman, then under Conchita Carpio-Morales, with four counts of graft, three counts of malversation of public funds and one count of malversation through falsification of public documents.

In a plea bargain agreement that Cagas entered into with the ombudsman’s office of the special prosecutor in 2021, the former lawmaker agreed to plead guilty to lesser offenses in exchange for the dismissal of the original cases, which carry heavier prison sentences and fines.

The agreement was approved by Morales’ successor Samuel Martires.