Sandiganbayan affirms conviction of Bulacan judge for indirect bribery

The Sandiganbayan Fifth Division has affirmed its conviction of  the former judge of the municipal trial court in Bulacan for accepting a P20,000 bribe in 2003 in exchange for a favorable ruling in a case he was hearing.

 

In a resolution recently promulgated by the Fifth Division, the court denied the motion for reconsideration of former San Ildefonso, Bulacan Municipal Trial Court Judge Henry Domingo on the court’s November 19, 2014 ruling finding him guilty of indirect bribery.

 

Doming was sentenced to a minimum of six months to a maximum of six years and six months of imprisonment.

 

“The accused has not presented any persuasive argument to overturn the aforesaid finding of the Court. In fact, he merely denies receiving the marked money and check,” the resolution penned by Presiding Justice Amparo Cabotaje-Tang read.

 

Fifth Division chairman Associate Justice Rolando Jurado and senior member Associate Justice Alexander Gesmundo concurred with the decision.

 

The court maintained that the prosecution presented sufficient documentary evidence and witness testimony “which establish, with moral certainty, that he (Domingo) is guilty of the crime of indirect bribery”.

 

“The accused’s unsubstantial denial cannot prevail over the categorical and straightforward testimonies, coupled with the physical and documentary evidence presented by the prosecution,” the court said.

 

Based on the case filed by the Office of the Ombudsman with the Sandiganbayan, Domingo offered a businessman Ildefonso Cuevas, who was charged with falsification of public documents, a favorable ruling in exchange for P20,000.

 

Cuevas, instead of giving in to the offer, sought the help of the National Bureau of Investigation (NBI), which, in turn, conducted an entrapment operation against Domingo on February 17, 2003 at the La Familia Restaurant in Baliwag, Bulacan.

 

Seized from Domingo’s possession during the entrapment operation were P10,000 cash and P10,000 check he received from Cuevas.

 

Domingo, in his motion for reconsideration argued that the money and the check “were not properly authenticated, hence, inadmissible in evidence.”

 

The Fifth Division, however, argued that the prosecution was able to present to the court the original marked money and check during the trial of the case.

 

“The accused, who even represented himself during the hearing, stipulated that the photocopy of the check is a faithful reproduction of the original. Although he was initially hesitant to enter stipulation regarding the marked money, he eventually stipulated that the photocopies of the said money bills are faithful reproduction of the originals insofar as their physical appearances are concerned,” the court’s ruling read.

 

In the same ruling, the court also dismissed Domingo’s separate motion for his case to be transferred to another division of Sandiganbayan. The court said the motion was baseless.

 

In his motion for the Fifth Division to inhibit in his case filed a few days after the court convicted him, Domingo said he doubts if the Fifth Division will rule on his motion for reconsideration “with fairness, justice and impartiality”.

 

“Accused Domingo merely speculates that the Justices of this Court would not be able to fairly resolve his motion for reconsideration,” the court said.

 

“Except for his bare allegation that he ‘doubts if his Motion for Reconsideration will be resolved by this Honorable Courth with fairness, justice and impartiality,’ accused Domingo has not presented even the faintest iota of evidence showing that the assailed decision was arrived at by the members of this Court due to bias and prejudice stemming from an extrajudicial source.”

Indirect bribery — Art. 211 of the Revised Penal Code — covers  "any public officer who shall accept gifts offered to him by reason of his office."  — JDS, GMA News