Ex-mayor in Nueva Vizcaya gets 18 years over missing construction vehicle

The Sandiganbayan has sentenced a former mayor of Dupax Del Norte town in Nueva Vizcaya to 18 years imprisonment for malversation in connection with a missing road construction vehicle worth P549,450.

In a 71-page resolution issued by the court's Third Division, former Dupax Del Norte mayor Isaias P. Almuete was found guilty of malversation under Article 217 of the Revised Penal Code for failure to turn over to the municipal government a road roller or vibratory compactor when he relinquished his post after losing in the May 2004 elections.

The court ruled that at the course of the trial, the prosecution was able to establish that the road roller, which used to be parked at the garage of Almuete's house during his term as mayor, was not yet turned over to the municipal government and in fact is now missing.

“The fact that the subject vibratory compactor is missing or lost was established by the prosecution...To be sure, the accused, as then mayor of the Municipality of Dupax Del Norte, was the chief executive of the said municipality. As such, the accused was immediately and primarily responsible for all the government funds and properties pertaining to their municipality,” the court said in its resolution penned by Third Division chairman, Presiding Justice Amparo Cabotaje-Tang

The court pointed out that under Article 217 of the Revised Penal Code, the failure of a public official to turn over any public fund or property under his custody “shall be prima facie evidence that he has put such missing funds or property to personal use.”

The court gave weight on the testimony of the prosecution's witness, Nerio Fragata, the human resource management officer of Dupax Del Norte who was tasked by Almuete to be the custodian of the missing vehicle. During his testimony, Fragata said since the vehicle was purchased in 2003, Almuete used to borrow it in many instances for unofficial purposes.

Meanwhile, the prosecution also presented as witness named Amante Pascua, who was designated by Almuete to be the operator of the missing road roller. Pascua testified that sometime in June 2004, he parked the vehicle at the garage of Almuete's family residence upon the then-mayor's order.

Pascua said that in July 2004 after Almuete has already turned over his post to the new municipal mayor, he still saw the road roller in front of the house of the latter. However, a month later, the vehicle was no longer there although it was not turned over to the municipal hall.

“The equipment was missing up to the present,” Pascua said based on the court's transcript of his testimony.

Pascua's testimony was also corroborated by the reports of the municipality's inventory committee as well as by the National Bureau of Investigation Nueva Vizcaya District Office.

Aside from imprisonment of minumum of 12 years and five months to maximum of 18 years and 8 months, Almuete was also meted with the accessory penalty of perpetual disqualification from holding public office.

The court also ordered him to pay the fine of P549, 450, the amount he was accused of defrauding the government. —Elizabeth Marcelo/KBK, GMA News