Sandiganbayan affirms conviction of ex-PRC cashier

The Sandiganbayan has affirmed the conviction of a former cashier of the Professional Regulation Commission (PRC) for his failure to account for over P17 million of funds from 2002 to 2008.

In a 57-page decision promulgated on July 6, the Anti-Graft Court Sixth Division dismissed the appeal of Ferdinand Llapitan and affirmed the November 2019 ruling of the Tuguegarao Regional Trial Court which found him guilty of malversation of public funds.

However, the Court modified Llapitan’s sentence from reclusion perpetual to imprisonment to up to 17 years. He is still perpetually disqualified from holding public office.

The Court also ordered Llapitan to restitute the PRC Region 2 of over P17 million with legal interest of 6% per annum from the finality of the judgment until full payment.

“Let the necessary Commitment Order be issued. The Division Clerk of Court is directed to make the necessary arrangements for the transfer of accused-appellant Llapitan to the New Bilibid Prison,” the Court said.

The case stemmed from the appeal of Llapitan, arguing that the RTC gravely erred in not finding that there was no full description of how the P17 million shortage was calculated.

Llapitan further argued that the court gravely erred in not finding that the element of doubt was not proven beyond reasonable doubt.

For the Sandiganbayan, the RTC’s findings and conclusions were based on evidence.

The Court said that Llapitan had admitted that he was the only cashier of PRC Region 2 from 1998 to February 2008, meaning that he was solely in charge of the custody and collection of fees.

“Hence, this Court agrees with the RTC’s conclusion that the prosecution evidence established, at the very least, a prima facie case for malversation against accused-appellant Llapitan,” it said.

“Clearly, accused-appellant Llapitan’s failure to account for the missing or unremitted funds, and his failure to offer a justifiable explanation for such shortage, despite the demand made by COA, gives rise to a prima facie presumption that he appropriated the subject funds,” it later added.

Despite this, it said that the RTC erred in imposing a penalty of reclusion perpetua against Llapitan and in not imposing a fine against him. —VAL, GMA Integated News