Sandiganbayan acquits ex-PCGG chair Sabio of malversation charges

The Sandiganbayan has acquitted former Presidential Commission on Good Government (PCGG) chairperson Camilo Sabio of three counts of malversation in relation to unliquidated cash advances amounting to P632,428.

In a 40-page decision, the Anti-Graft Court said the prosecution failed to prove Sabio’s guilt beyond reasonable doubt.

“The criminal liability of Sabio has no leg to stand on considering that Navarro’s testimony bears no probative weight as well as documentary evidence that are supposed to prove unliquidated cash advances,” it said.

In December 2008, an information was filed against Sabio which found him accountable for public funds amounting to P250,000. Another information was then filed against him, finding him accountable for P100,000.

The third information was filed against Sabio in February 2009, which found him accountable for public funds amounting to P282,428.

According to the Court, the prosecution offered various exhibits in evidence to establish the liability of Sabio. The Court said these were offered as documentary evidence, where the Original Document Rule applies.

However, it said the prosecution failed to present the original of the said exhibits.

Further, the Court pointed out that the testimony of one of its witnesses, PCGG accountant Lourdes Navarro, was “disconcertingly different" from the accusatory portion of the information.

The Court said Navarro identified a disbursement voucher that was not mentioned in the case information.

“Verily, the Court cannot give credence to Navarro’s testimony. Therefore, the fourth element was not duly established in the cases. The preceding circumstances created a gaping hole in the prosecution’s evidence,” it said.

According to the Court, the absence of funds is not sufficient proof of conversion. It also stressed that the failure to turn over the funds is not sufficient to make a prima facie case.

“Conversion must be affirmatively proved, either by direct evidence or by the production of facts from which conversion necessarily follows,” it said.

The Court also lifted and set aside the hold departure issued against Sabio and ordered the release of his cash bonds, subject to the usual accounting and auditing procedures. — RSJ, GMA News