Sandiganbayan acquits ex-BFP chief of estafa

The Sandiganbayan has acquitted former Bureau of Fire Protection chief Francisco Senot in his estafa case over the alleged bogus procurement of more than P2 million worth of office supplies in 2001.

In a 27-page decision dated May 11, the Second Division dismissed the case of Senot for three counts of estafa through falsification of public document for "insufficiency of evidence."

His co-accused, former Finance Service Unit chief Florante Cruz, was also acquitted from the same charges.

Senot and Cruz were accused of causing the payment of P2 million to unnamed individuals for their office supplies, which includes a toner of xerox machines, bond papers, property stickers and fire lines, on the basis of forged and falsified documents so they can use the funds for their personal benefit.

However, the Sandiganbayan said the supplies were actually delivered based on the testimony of one of the defense witnesses, former BFP supply officer Aniceto Herrera.

"To overturn the above, the defense presented Herrera who was the Supply Officer of the BFP from 1996 to 2009. His tasks included the reception and inspection of supplies coming into the BFP," the Sandiganbayan said.

"He categorically confirmed receipt of toners, fire lines, and bond papers which are subject of the cases herein, and even specified the dates of the deliveries,” it added.

The Sandiganbayan said it found the testimony of Herrera “more believable” than the prosecution since he was the person authortized to receive incoming deliveries.

The anti-graft court further the questionned puchase orders (POs) of the supplies were deemed valid since the prosecution failed to prove that they were falsified, even if former BFP procurement officer Nelson Feliciano testified on the POs alleged irregularities.

“It appears that the main document which are the POs themselves, are presumably valid, in that they are accomplished by the correct and proper department and/or personnel of the BFP. Being public documents, they enjoy a presumption of of regularity, which the prosecution failed to overturn,” the Sandiganbayan said.

It added there was also no evidence that Senot and Cruz used the money for their personal use.

The Sandiganbayan said it was “illogical” for the prosecution to presume that the cash advances for the three private companies — Ocina Trading, D’ Violeta Enterprises, and Mitoni Business Venture — where the office supplies came from actually went to the pockets of the accused without any evidence.

“There is nothing to support the theory that the money advanced by the three companies was for the benefit of the accused since there is no basis to include that these payments were related to the POs,” the Sandiganbayan said.

Four out of the five magistrates who heard the case ruled to acquit. Division chairperson Associate Justice Oscar Herrera Jr. is the lone dissenter in the case.

Senot, however, is still not off the hook. The Third Division had convicted and sentenced him to 90 years in prison for the anomalous repairs of two BFP-owned vehicles in 2001. — MDM, GMA News