Ex-solon walks from malversation rap due to weak evidence
By Jocelyn Uy
Philippine Daily Inquirer
First Posted 22:56:00 08/27/2008
Filed Under: Crime, Law & Justice
MANILA, Philippines—Former Mindanao congressman Constantino Navarro Jr. has escaped conviction after the Sandiganbayan found weak and wanting an audit report showing that he misused P1.8 million in public funds when he was mayor of Surigao City 22 years ago.
In acquitting Navarro of malversation of public funds, the Sandiganbayan Special Second Division said the evidence presented against Navarro was insufficient and did not satisfy “the test of moral certainty.”
Navarro was accused of converting for his personal use P1.81 million, which he allegedly received as cash advance from the city government of Surigao in 1986 and failed to settle despite a demand from the Commission on Audit.
Records showed that his outstanding cash advances were discovered when the COA reviewed the books of accounts of Surigao City, following the order of former president Corazon Aquino to replace all chief executives in the country.
But in its 30-page decision, the court said the audit report lacked the “requisite thoroughness and completeness” provided for under the manual of instructions to treasurers and auditors.
Under Section 561 of the manual, it stated that “mere count of cash and valid cash items without verifying the stock or issued and unissued accountable forms and various records of collections and disbursements, as well as the entries in the cash book is not examination at all.”
The court pointed out that the “doubtful validity” of Navarro’s accountabilities was “overwhelmingly” demonstrated by the evidence presented by the prosecution. It said the documents, which became the basis for the criminal charges against the former mayor, were still being reviewed at the time the case was pending before the court.
“What reasons would COA have to pursue an investigation or deliberation when there is already a pending criminal case?” asked the court in its decision.
The court also added that before malversation of public funds could take place, the subject cash advance must first be established with absolute certainty.
“Unfortunately, the prosecution failed in this regard,” the special graft court said.
Navarro is facing 10 counts of graft and malversation of public funds in another court for his failure to explain before COA where P11.8 million of the P13.8-million Countrywide Development Fund he had at his disposal from 1997 to 1998 went.
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