The Sandiganbayan has denied the plea of a former barangay captain of the municipality of Kapalong, Davao del Norte, to quash the corruption raps against him over the alleged embezzlement of P77,000 of the barangay's dump truck sale.
In a 10-page resolution, Sandiganbayan's Seventh Division junked the motion of Arthur Lontoc Jr., the former village chief of Barangay Pag-asa in Kapalong town on the grounds that it lacked merit.
To recall, Lontoc sought the reversal of the Sandiganbayan's September ruling, which upheld the previous verdict Tagum City Regional Trial Court Branch 1 that found the erstwhile barangay chief guilty of graft and malversation of public funds.
In August 2022, Tagum City RTC Branch 1 sentenced Lontoc to up to 13 years in prison for both charges ordered him, to pay P77,000, or the amount malversed and to be perpetually disqualified from holding public office.
The corruption cases pertain to the unlawful sale of the barangay's Isuzu dump truck in December 2006, the proceeds of which Lontoc allegedly embezzled.
Barangay Pag-asa kagawads and other concerned citizens initiated the case, accusing Lontoc of selling the dump truck without proper authorization from the barangay council and without complying with the procedure for the disposal of government property as mandated by law.
Graft probers said Lontoc sold the dump truck for P77,000 to a certain Felix Sibonga and that the proceeds went to his personal use.
In his bid to persuade the Sandiganbayan, Lontoc asserted that he had the blessing of the barangay council, citing a resolution dated 25 May 2007, authorizing him to enter into a negotiated sale, in which the prosecutors demurred.
Lontoc also cited irregularities in the court's findings, contending there is "no sufficient evidence to show that he misappropriated, embezzled, and malversed the proceeds of the sale in the amount of P77,000."
He claimed that his action was not predicated on ill motive or bad faith and that there was no injury to the barangay since the dump truck was eventually returned to the barangay.
According to the Sandiganbayan, the mere fact that Lontoc consumed the sale of the mini dump truck showed his patently dishonest purpose and that the belated issuance of the authority to enter into a negotiated sale does not exculpate him from criminal liability.
The court also countered that demand is not an essential element of malversation.
"Demand only raises a prima facie presumption that the funds were used for personal use when accounting for such cannot be made. The contention of accused-appellant on this matter is clearly bereft of any support under existing jurisprudence," the court said.
"Consequently, there is no reason to modify this court's earlier ruling affirming the trial court's conviction of accused-appellant for violating Sec. 3(e) of RA 3019," it added.
