Friday, July 31, 2015

Sandiganbayan upholds up to 10-year sentence on LP treasurer, other Mindoro execs

Smaller case than the Fertilizer Scam Aquino talked about Monday in his last SONA, but...

The Fourth Division of the anti-graft court Sandiganbayan has affirmed its ruling finding Oriental Mindoro Governor Alfonso Umali Jr. and two former officials of the province guilty of graft in connection with the alleged anomalous awarding of P2.5-million loan agreement to a private individual in 1994.

The three were sentenced to a minimum of six years to a maximum of ten years of imprisonment.

In a 26-page resolution promulgated on July 20 but was only made available to the media on Tuesday, the Fourth Division affirmed its April 20, 2015 ruling finding Umali, former Oriental Mindoro Gov. Rodolfo Valencia and former Board Member Romualdo Bawasanta to have “conspired” with each other with “evident bad faith” and “manifest partiality” to illegally award a P2.5-million loan agreement to an engineer, Alfredo Atienza, in 1994.

The loan was supposed to finance the cost of repair, operation and maintenance of Atienza's vessel MV Ace intended to ply the Calapan-Batangas-Calapan sea route.



Oriental Mindoro and Marinduque have a common history

“Indeed, one act without the other could not have been made possible the consummation of the transaction,” the Fourth Division said in its latest ruling penned by its chairman Associate Justice Jose Hernandez and concurred by its members Associate Justices Alex Quiroz and Maria Cristina Cornejo.

The Fourth Division maintained that the use of public funds for a private purpose like the repair of a privately-owned vessel is unlawful.

The court did not give weight on the argument of Umali, Valencia and Bawasanta that the funds were use for a public purpose, which, as Umali specifically claimed, was “to weaken the monopoly of the shipping business in the Calapan-Batangas-Calapan sea route” as well as “to promote fair competition”.

"Transport is a basic service and the Provincial Government of Oriental Mindoro simply fulfilled its mandate of providing services to its people when it addressed their problem regarding sea transport," Umali, who is also the treasurer of the administration’s Liberal Party (LP), said in his motion for reconsideration filed before the court in May.

The Fourth Division, however, pointed out that the accused failed to show proof that the people of Oriental Mindoro benefitted from the repair of Atienza’s vessel, while on the contrary, it was established that said repair has promoted Atienza’s business interest.

“Evidence, however, is necessary to determine as to whose favor did the use of the public fund go and the only verifiable proof is precisely the stated ‘use’ of the fund. It is not disputed that the amount was meant to finance the repair, operation and maintenance of Atienza’s vessel which is a private purpose,” the Fourth Division said.

“As it was meant to promote Atienza’s business interest, it was he who benefitted from the transaction,” the court added.

The court also noted that even before the loan agreement was awarded to Atienza, several officials in the province, including provincial auditors, have already questioned and challenged the transaction, and yet, the three accused “forced through” for completion of the project.

“Peculiar to this case is the fact that the loan transaction was challenged, objected to and questioned by proper officials (treasurers and auditors) from its inception. In this context, the sequence of the acts of the accused as set out in the Decision, shows how the accused forced through and worked for its completion despite the objections,” the Fourth Division said in its ruling. -  GMA Network

Susong Dalaga Hill

Susong Dalaga Hill
Susong Dalaga Hill from Bagtasan isthmus

Date and Time

Blog Archive

Total Pageviews

Popular Posts

Blog Log

Followers

Networked Blogs

Space Weather

Space Weather
What's up in space

Categories

Adeline Angeles ADVENTURE SERIES ALAIN MADRIGAL ALLAN VELASCO AMOINGON ARAW NG MARINDUQUE ARCHAEOLOGY Argao AWARENESS BAGTINGON Bahaghari BANTAY-KASO Barrick Gold BATTLE OF MASAGUISI BATTLE OF MORIONS BATTLE OF PAYE BATTLE OF PULANG LUPA Bishop Marcelino Antonio Maralit Jr Bishop Reynaldo Evangelista BOAC BOAC CATHEDRAL BUENAVISTA BULONG Bunganay BUTTERFLY CAPITOL BUILDING CAPITOL CHOIR Cardinal Ricardo Vidal CARMENCITA REYES CAWIT PORT CBCP CEMETERIO DE TAMPUS CENSORSHIP CHANGE CINEMALAYA CLIMATE CHANGE COA Report COLONIAL HOUSES Conflict CONG. LORD ALLAN VELASCO CORRUPTION CORY AQUINO Curt Shepard DISASTER DONA PAZ DPWH DR. ANTONIO UY DTI DUTERTE EARTHQUAKE ECO-TOURISM EDSA Elections 2010 Elections 2013 Elections 2016 ELI OBLIGACION ENVIRONMENT EVENTS EXTREME MARINDUQUE FEATURED SITES GALLEONS GASAN GASANG-GASANG FESTIVAL GASPAR ISLAND GOV. BONG CARRION Guisian HEALTH HERMENEGILDO FLORES Hinanggayon HINULUGAN FALLS HOBIE HOLY WEEK JOSE F. ALVAREZ JOSEPH EMIL BIGGEL Joseph Laban JR LABRADOR Kalesayahan KALUTANG KURAY LAYLAY LETTER TO GOVERNOR LONGHINO Lorna-Quinto Velasco LUBANG FAULT LUZON DATUM OF 1911 Mabusay Falls MACEC MALINDIG Maniwaya Marcopper MARELCO MARINDUQUE AIRPORT MARINDUQUE AKIN KA MARINDUQUE CULTURE MARINDUQUE ELECTIONS 2013 MARINDUQUE FIRST SATURDAY MOVERS MARINDUQUE HISTORY MARINDUQUE HISTORY CONFERENCE MARINDUQUE INFRA PROJECTS Marinduque Politics MARINDUQUE STATE COLLEGE MARINDUQUE TOURISM MARINDUQUE VIDEO MARTIN LARDIZABAL MAXIMO ABAD MIMAROPA MOGPOG MORIONES 2009 MORIONES FESTIVAL Moriones Festival '10 Moriones Festival '12 MORIONES FESTIVAL 08 MORIONES FESTIVAL 09 MORYONAN MSC SAMBAYANG SINING LAHI MUTYA NG MARINDUQUE Myke Magalang NCCA NORWEGIAN MISSION ALLIANCE PASTORES PASYONDULA PASSION PLAY Paye PEOPLE PERCIVAL MORALES PH HISTORY PHILIPPINE ARTS FESTIVAL Places PNP Poctoy Beach Pope Francis Pork Barrel POWER OUTAGE Pres. Benigno S. Aquino PRESIDENT DUTERTE Princess of the Stars PRRM PUTONG RAMON MADRIGAL Raymond Go ROBERTO MADLA Romulo Bacorro Russel Madrigal SAKAMAR SAN ISIDRO CAVE Sangguniang Panlalawigan Sawi Sayao Bay SCUBA DIVING SEA TRAVEL SCHEDULES SEAIR SENEN LIVELO Silangan South China Sea SPACE STA. CRUZ STATE OF THE PROVINCE ADDRESS STTC ASSEMBLY Susong Dalaga Hill TARUG CAVE TEATRO BALANGAW TEOFILO N. ROQUE TON MONTEAGUDO TORRIJOS TOTO NEPOMUCENO Treasure Hunt TRES REYES ISLANDS TRIVIA Tumagabok Falls TYPHOON "FRANK" TYPHOON "ONDOY" Typhoon NinaPH VERDE ISLAND PASSAGE Vicky Lao-Lim VIVA MARINDUQUE 2008 VIVA MARINDUQUE 2009 VIVA MARINDUQUE REPORT WALANG SUGAT WEEKLY MARINDUQUE WEN VELASCO WORLD WW2 WW3 YESHUA YOOK

Quick news, photos, videos, culture, tourism, history and all that there is on the island of Marinduque, Philippines. "VIVA MARINDUQUE!" www.marinduquegov.blogspot.com

Marinduque Rising | www.marinduquegov.blogspot.com | (c) 2007. Powered by Blogger.