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Ex-Cagayan vice gov Fausto faces 8 years for graft, ordered to pay P6 million


The Sandiganbayan has sentenced former Cagayan vice governor Leonides Fausto and two others to eight years' imprisonment in connection with the illegal disbursement of around 200 blank checks from 2006 to 2007.

In a 37-page decision promulgated on August 12, the anti-graft court found Fausto, then captain of Barangay Lakambini, Eulalie Taguiam-Fausto, and Ricardo Cabacungan guilty beyond reasonable doubt of violating Section 3(e) of Republic Act 3019.

Taguiam-Fausto was manager at the Tuguegarao branch of the Land Bank of the Philippines while Cabacungan was the barangay secretary of Barangay Lakambini.

“[I]t is without a doubt that the accused connived to execute the fraudulent design that they employed to defraud the government, unjustly enriched themselves at the expense and to the damage and prejudice of the government,” the Court said.

The three were sentenced to a minimum of six years and one month of imprisonment and a maximum of eight years of imprisonment.

They are also perpetually disqualified from public office.

By way of civil liability, the Court also ordered them to pay the government and return to the national treasury P6,606,324 representing the public funds wrongfully and illegally withdrawn, with legal interests until fully paid.

According to the Court, “conspiracy was shown among the accused together with the barangay captain-complainants constituting a scheme that employed deceit, falsification, misrepresentation, and/ or forgery that shows evident bad faith for personal monetary gain that caused undue injury to the government.”

The Court said the evidence shows that Fausto conspired with barangay captains and treasurers to issue blank checks bearing their signatures and to deliver these to himself or others to facilitate the “monetization” of internal revenue allotments.

Meanwhile, the Court said that without Cabacungan, identified as the one who collected the checks for Fausto, the crime would not have been consummated in this manner.

Taguiam-Fausto’s participation, meanwhile, made possible the encashment to bogus payees, according to the Court. It said that Taguiam-Fausto still facilitated the encashment regardless of the irregularity on the face of every check.

GMA News Online has been reaching out to Fausto for comment.

Swindling charges

Meanwhile, the Sandiganbayan acquitted all three of charges of swindling due to the failure of the prosecution to prove their guilt of the crimes charged.

“After careful consideration of the facts and evidence adduced, the Court finds no basis to support a finding of guilt against the accused,” the Court said.

Due to this, the Court authorized the release of their bail and the lifting of the hold departure order against them.

“The Bureau of Immigration is directed to remove the names of accused Lenodies Fausto, Eulalie Taguiam-Fausto, and Ricardo Cabacungan Jr. from its hold departure list,” it said. — BM, GMA News

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