Ex-PCGG chairman Sabio acquitted of graft, malversation raps

The Sandiganbayan Special Fourth Division on Wednesday acquitted former Presidential Commission on Good Government (PCGG) chairman Camilo Sabio from graft and malversation of  public funds cases, which stemmed from his alleged misuse of almost P12 million worth of recovered ill-gotten wealth of the Marcoses.

“Wherefore, premises considered, and for insufficiency of evidence engendering reasonable doubt, judgement is hereby rendered acquitting herein accused Camilo Sabio y Loyola from the charge of violation of Section 3 (e) of RA 3019 and malversation…So ordered,” Fourth Division clerk of court, lawyer Joffre Zapata said in open court reading a copy of the division’s 37-page ruling.

Sabio, who was with his wife Marlene during the promulgation of the ruling, exited the court all smiles.

“I am very happy with the ruling. Because I suffered a stroke because of this case…I feel so vindicated,” the 79-year-old Sabio said.

Sabio described the cases as “politically motivated” by the current administration given his high position in the government during the administration of former President and incumbent Pampanga Rep. Gloria Macapagal-Arroyo.

Sabio was acquitted from one count of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act and two counts of malversation of public funds as defined under Article 217 of the Revised Penal Code (RPC).

The cases stemmed from his alleged misuse of almost P12 million worth of the alleged ill-gotten wealth of the family of the late dictator Ferdinand Marcos Sr. and their cronies, recovered by the PCGG.

Based on the information of the cases filed by the Office of the Ombudsman in July 2011, Sabio, in February to October 2006, “misappropriated, misapplied, embezzled and converted to his own personal use” about P10.5 million worth of remittance from the sequestered Mid-Pasig Land Development Corporation (MPLDC) which came from the proceeds of the sale of the shares of A. Soriano Corporation. The shares of A. Soriano Corporation reportedly formed part of the alleged ill-gotten wealth of the Marcoses.

The Ombudsman said that instead of remitting the amount to the Bureau of Treasury (BOT) to become part of the Comprehensive Agrarian Reform Program (CARP) Fund, Sabio used the money as a form of cash advances.

Further, the Ombudsman said that in August 2008, Sabio also used a total of P1.5 million from the recovered ill-gotten wealth of the Marcoses, for his accommodation and contingency fund for his trip in Kuala Lumpur, Malaysia.

The Ombudsman said that although the trip was for his official business as PCGG chair, Sabio failed to liquidate the amount despite repeated requests from the commission’s Administration and Finance Department.

However, in its ruling, the court said the prosecution failed to present any evidence or witness that would prove that the supposed unremitted amounts went directly to Sabio.

The court noted that even the prosecution’s witnesses, admitted that the money was used for PCGG’s financial assistance and operating expenses.

“Misappropriation or conversion of funds by Sabio is too gray an area to consider in both cases …particularly when we consider the material testimonies of prosecution witness [PCGG cashier officer Primitiva] Millado that on the face of the checks, there is no showing that accused endorsed or deposited the checks in his name or in his account, as in fact, she does not know whether accused Sabio received those checks,” the ruling read.

“And of prosecution witness [IRC Group of Companies chief accountant Corazon] Escorpizo who confirmed that the cash advances, though received by Sabio, were not for the personal use of Sabio but will be used as financial assistance and for operating expenses of the PCGG,” it added.

The Mid-Pasig Land Development Corporation (MPLDC) is under the IRC Group of Companies.

Further, the court said the prosecution also failed to prove that P1.5 million worth of the recovered ill-gotten wealth of the Marcoses was used by Sabio for his travel to Malaysia.

The court pointed out that while the fund remains missing, the prosecution’s failure to prove that it went to directly to Sabio, warrants the dismissal of the cases.

“When the absence of funds was not due to personal use, the presumption is completely destroyed. The taking or conversion of public funds for personal use must be affirmatively proved,” the ruling said.

“In the three cases, the Prosecution has failed to fulfill the test of moral certainty and establish such degree of proof necessary to support a conviction,” it added.

The ruling was penned by Associate Justice Maria Cristina Cornejo and concurred in by Associate Justices Jose Hernandez, Rodolfo Ponferrada and Michael Frederick Musngi. Associate Justice Alex Quiroz dissented. —ALG/RSJ, GMA News