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The Sandiganbayan has sentenced a former barangay captain of Kapalong, Davao del Norte over the unlawful sale of the barangay's dump truck, the proceeds of which he allegedly embezzled.
The conviction follows the anti-graft court's Seventh Division's decision denying the petition of Arthur Lontoc Jr., ex-chief of Barangay Pag-asa to reverse the previous ruling of Tagum City Regional Trial Court Branch 1 for lack of merit.
In August 2022, Tagum City RTC Branch 1 found Lontoc guilty of graft and malversation of public funds and meted out a sentence of up to 13 years in prison for both charges. On top of the conviction, the lower court also ordered Lontoc to pay P77,000, or the amount malversed and to be perpetually disqualified from holding public office.
The case against Lantoc was filed by his kagawads and other concerned citizens, who accused him of selling the barangay's Isuzu dump truck in December 2006 without proper authority and without complying with the procedure for the disposal of government property as mandated by law.
The dump truck was allegedly donated by the Kapalong municipal government to Barangay Pag-asa.
Lantoc was accused of selling the dump truck without authorization from the barangay council, which he claimed to be false.
However, state prosecutors' probe revealed that Lantoc sold the dump truck for P77,000 to a certain Felix Sibonga and that the proceeds went to his personal use and court documents showed that only P45,000 was officially recorded on a handwritten receipt, which Lantoc later withdrew after remitting to the barangay treasurer.
Lantoc, in his defense argued that the sum had been remitted to the barangay treasurer in December 2006 and as of that date, the amount ceased to be his accountability and claimed that he should not be held criminally liable since he refunded P150,000 to Sibonga for the returned dump truck to the barangay.