The court said the prosecution failed to provide enough evidence to prove that Fernandez acted with evident bad faith. #Sandiganbayan #CelsoFernandezIII
The anti-graft court has acquitted an official of the National Home Mortgage Finance Corporation (NHMFC) from alleged irregular approval of Release of Mortgage to members of an organization.
Celso Fernandez III, manager of the Project Accounts Monitoring and Review Department (PAMCRD) of the NHMFC was initially charged with 32 violations of Section 3(e) of R.A. 3019 and another 32 violations of Article 171 paragraph 4 of the Revised Penal Code for allowing the release of mortgage in favor of Samahan ng Mahirap sa PNR Medina, Makati, Metro Manila by making it appear that the total purchase price of the lot amounting to P23,637 was fully received by the NHMFC when in fact no payment has been made.
He was also accused of falsifying documents by making it appear that the NHMFC has received the purchase price for several houses.
Due to this, the Real Estate Mortgage was released.
Housing is probably the biggest issue affecting people the world over.
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In acquitting Fernandez, the court said the prosecution failed to provide enough evidence to prove that Fernandez acted with evident bad faith when he issued the Releases of Mortgage.
“We believe that the prosecution failed to present sufficient evidence proving the accused was aware of the non-full payment of each individual account involved herein when he signed the Release of Mortgage,” the Court said.
The Court also said that the prosecution failed to establish how Fernandez caused undue injury to the government.
The ruling was penned by Associate Justice Maria Theresa Mendoza-Arcega and was concurred with by Associate Justices Rafael Lagos and Maryann Corpus-Mañalac.
