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SB-16-CRM-0467-0478 People Vs Roel Ragay

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SB-16-CRM-0467-0478 People Vs Roel Ragay Republic of the Philippines . SANDIGANBAYAN ~_~3' Quezon City THIRD DIVISION PEOPLE OF THE PHILIPPINES, Plaintiff, CRIM CASE NO. SB-16-CRM-0467 -ver sus- For: Violation of R. A. No. 3019, Sec. 3 (e) ROEL RAGAY DEGAMO, CRIM. CASES NOS. DANILO CUAL MENDEZ, and SB-16-CRM-0468 to 0478 TEODORICO GUEVARA For: Malversation through REYES, falsification Accused. x--------------------x Present: CABOTAJE-TANG, A. M., P.J.j Chairperson FERNANDEZ, B. R., J., MORENO, R. B., J. Promulgated: .1 _ t .jNVlJAn,"i :i1,~ ~ x-----------------------------------------------------------------------x DECISION FERNANDEZ B. R., J. Accused Roel Ragay Degamo, Danilo Cual Mendez and Teodorico Guevara Reyes are charged before this Court for violation of Section 3 (e) of Republic Act No. 3019, otherwise known as the Anti-Graft and Corrupt Practices Act, as amended, in a criminal Information dated May 2, 2016, the accusatory portion of which reads as follows ~ /'J I SB-16-CRM-0467-0478 DECISION 2 x------------------------------------------------------------------------------------------------------------------------X Criminal Case No. SB-16-CRM-0467 That on 24 August 2012, or sometime prior or subsequent thereto, in Dumaguete City, Province of Negros Oriental, and within the jurisdiction of this Honorable Court, Philippines, accused Provincial Governor ROEL RAGAYDEGAMO, with Salary Grade 30, Provincial Treasurer DANILO CUAL MENDEZ, with Salary Grade 26, and Provincial Accountant TEODORICO GUEVARA REYES, with Salary Grade 26, all high-ranking public officers, while in the performance of their official functions, committing the offenses in relation to office and taking advantage of their official positions, did there and then wilfully, unlawfully and criminally, through evident bad faith, manifest partiality and/ or gross inexcusable negligence, conspiring, confederating and mutually helping one another, disburse the total amount of ONE HUNDRED FORTY THREE MILLION TWO HUNDRED SIXTY EIGHT THOUSAND FOUR HUNDRED FORTY-ONE PESOS AND FIFTY-NINE CENTAVOS (Php 143,268,44l.59) from the FOUR HUNDRED EIGHTY MILLION SEVEN HUNDRED SEVENTY-FIVE THOUSAND PESOS (Php 480,775,000.00) FY2012 Calamity Fund released to the Province of Negros Oriental, covered by Special Allotment Release Order (SARO)No. ROVII- 12-0009202, when in truth and in fact there were no funds for the disbursements because the said SARO had earlier been withdrawn by the Department of Budget and Management (DBM) on 29 June 2012, thereby causing undue injury to the Government in the amount of ONE HUNDRED FORTY-THREE MILLION TWO HUNDRED SIXTY• EIGHT THOUSAND FOUR HUNDRED FOUR HUNDRED FORTY-ONE PESOS AND FIFTY NINE CENTAVOS (Php 143,268,441.59). CONTRARYTO LAW. The same three (3) accused are likewise charged for malversation through falsification of public documents in Criminal Cases Nos. SB-16-CRM-0468 to SB-16-CRM-0478 (11 counts). The accusatory portion of Criminal Case No. SB- 16-CRM-0468 reads as follows - - A i DECISION 3 SB-16-CRM-0467-0478 x------------------------------------------------------------------------------------------------------------------------X Criminal Case No. SB-16-CRM-0468 That on 24 August 2012, or sometime prior to or subsequent thereto, in Dumaguete City, Province of Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, accused Governor ROEL RAGAYDEGAMO, with Salary Grade 30, Provincial Treasurer DANILO CUAL MENDEZ, with Salary Grade 26 and Provincial Accountant TEODORICO GUEVARA REYES, with Salary Grade 26, all high-ranking public officers, by reason of the duties of their said respective offices are accountable for public funds or properties of the Province of Negros Oriental, committing the complex crime charged herein while in the performance of, in relation to and/ or taking advantage of their official positions and functions, conspiring and confederating with one another, did then and there wilfully, unlawfully and feloniously appropriate, take or misappropriate or consent, or through abandonment or negligence, permit any person to take the public funds, from the FY 2012 Calamity Fund of the Province of Negros Oriental, covered by Special Allotment Release Order (SARO)No. ROVII- 12-0009202 under their charge and custody amounting to SIX MILLION SIX HUNDRED SEVENTY-ONE THOUSAND FIVE HUNDRED THIRTY-FIVE PESOS AND NINETY-TWO CENTAVOS (Php 6,671,535.92) by making it appear that there were funds available, when and in truth and in fact the SARO for the FY 2012 Calamity Fund had already been withdrawn by the Department of Budget and Management (DBM) on June 29, 2012, thereby causing the appropriation and disbursement of 15% advance payment to Fiat Construction Services under Check No. 40066145 and Disbursement Voucher 100 (01)-2012-08- 13743, both dated 24 August 2012, to the damage and prejudice of the Government in the amount of SIX MILLION SIX HUNDRED SEVENTY-ONE THOUSAND FIVE HUNDRED THIRTY-FIVEPESOS AND NINETY-TWO CENTAVOS (Php 6,671,535.92). CONTRARYTO LA'/t-b I DECISION 4 SB-16-CRM-0467-0478 x------------------------------------------------------------------------------------------------------------------------X The ten (10) other Informations from Criminal Cases Nos. SB-16-CRM-0469 to SB-16-CRM-0478 also for malversation through falsification of public documents are similarly worded except for the date, Check number, Disbursement Voucher number, the Contractor's name and the amount involved, best outlined hereunder - - Case Date Check Disbursement Contractor's name Amount No. Number Voucher No. Involved 0468 8-24-2012 40066145 100(01)-2012-08-13743 Fiat Construction Services P6,671,535.92 0469 8-24-2012 40066147 100(01)-2012-08-13736 Richmark Canst. and Supply P6,741,762.18 0470 8-24-2012 40066146 100(01)-2012-08-13742 Legazpi Premium Dev. Corp. P29,970,762.86 0471 8-24-2012 40066148 100(01)-2012-08-13739 Legazpi Premium Dev. Corp. P29,972,423.52 0472 8-24-2012 40066150 100(01)-2012-08-13738 Legazpi Premium Dev. Corp. P7,279,260.90 0473 8-24-2012 40064149 100(01)-2012-08-13741 Lim General Contractors Corp. P22,477,057.11 0474 8-24-2012 40066187 100(01)-2012-08-13766 CTC Builders & Supplies Inc. P14,985,131.70 0475 8-24-2012 40066188 100(01)-2012-08-13767 CTC Builders & Supplies Inc. P7 ,492,367 .07 0476 8-24-2012 40064189 100(01)-2012-08-13768 Ajan JAeda Inc. PI4,985,042.11 0477 9-4-2012 40066552 100(01)-2012-09-14059 Bigfoot Canst. and Supply P1,196,913.52 0478 9-4-2012 40066553 100(01 )-20 12-09-14058 Bigfoot Canst. and Supply PI ,496, 150.70 When arraigned, the three (3) accused, assisted by their respective counsels, individually and separately pleaded not guilty to all charges (Order, August 14,2017). During pre-trial, the parties agreed to stipulate on the following (Pre-Trial Order, January 15,2018) - - (1) At the time material and relevant to the cases, accused Degamo was the Governor of the Province of Negros Oriental; accused Mendez was the Provincial Treasurer; and accused Reyes was the Provincial Accountant; (2) In 2011, Typhoon Sendong struck the Province of Negros Oriental, causing damage to various public and private infrastructures; (3) In 2012, an earthquake hit the Province of Negros Oriental which caused further damage and destruction to the various public and private infrastructures within the province; and, (4) The Provincial Government of Negros Oriental requested for funding from the Office of DECISION 5 SB-16-CRM-0467-0478 x------------------------------------------------------------------------------------------------------------------------x the President to cover its rehabilitation requiremen ts. Thereafter, trial on the merit proceeded. As its first witness, the prosecution presented lannie Opinion Bulos, who testified on direct testimony through her sworn Judicial Affidavit dated November 14, 2017, that she was the Team Leader of Audit Team RI6-01, Commission on Audit (COA), LGS-C, Province of Negros Oriental 1 since January 11, 2013, principally tasked, among others, to supervise the conduct of financial, compliance and value for money audit or any other special audit of the audited agency; to supervise the effective implementation of audit plans and/ or work programs and activities of the Office, prepare/review Annual Audit Reports; and, to take custody of and to certify vouchers, receipts, transaction documents. In compliance with the subpoena from the Office of the Special Prosecutor (OSP) of the Office of the Ombudsman (OMB), witness Bulos submitted and identified the following documents specific to Criminal Cases Nos. SB-16-CRM- 0467 to 0478, to wit: (1) Audit Observation NegOr 2012-019 dated 09 October 2012 (Exh. "A-9); (2) Commission on Audit Observation NegOr 2012-019 from accused Governor Degamo dated 24 October 2012 (Exh. "A-I0"); (3) Rejoinder of the Commission on Audit dated 15 November 2012 to the Comments of accused Governor Degamo on Audit Observation NegOr 2012-019 from accused Governor Degamo dated 24 October 2012 (Exh. "A-II"); (4) Reply of accused Governor Degamo dated 17 December 2012 to the Rejoinder of the Commission on Audit dated 15 November 2012 (Exh. "A-12"). Witness Bulos likewise submitted and identified the following documents specific to Criminal Cases Nos. SB-16- CRM-0467 and 0468, namely: (1) Notice of Disallowance 2012-039-100-(12) dated November 29,2012 (Exh. "B"), for the amount of six million six hundred seventy one thousand, five hundred thirty five pesos and ninety-two centavos (P6,671,535.92) released to Fiat Construction Services; (2) Disbursement Voucher 100(01) 2012-08-13743 dated August 22,2012 (Exh. "B-1"); (3) Check No. 40066145 dated August 24, 2012 (Exh. "B-2"); (4) Official Receipt dated August 24, 2012 (Exh. "B-3"); (5) Journal Entry Voucher dated August 24, 2012 (Exh. "B-4"); (6) Collection letter from Contractor DECISION 6 SB-16-CRM-0467-0478 x------------------------------------------------------------------------------------------------------------------------x dated August 16,2012 (Exh. "B-5"); (7) Statement of Account of Phil. Phoenix Surety and Insurance, Inc dated August 22, 2016 (Exh. "B-6"); (8) Philippine Phoenix Security and Insurance, Inc. Surety Bond dated August 22,2012 (Exh.
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