Heirs, lawyer seek reversal of ex-treasurer’s after-death conviction
MANILA, Philippines—The family of a former municipal treasurer in Bohol is seeking not only the reversal of his conviction but also the dismissal of graft and malversation charges against him because the Sandiganbayan pronounced him guilty of unlawfully disbursing public funds 10 days after his death.
In a motion, the heirs and lawyer of Primitivo Digamon said the cases against him should be dismissed because he passed away due to a heart attack before the ruling had become final.
“The rule is that death of the accused before final judgment extinguishes both his criminal liability and civil liability ex delicto,” Digamon’s heirs said in the motion, adding that the bail bonds he had posted should also be cancelled.
The Sandiganbayan’s Fifth Division had found Digamon and former Mayor Necitas Dumagan of Batuan, Bohol, guilty of releasing checks not backed by supporting documents and ruled that there was a valid inference of misappropriation since the officials failed to account for the disbursement of the checks. The ruling was handed down last November 29.
Dumagan has filed a motion for reconsideration on the decision, which remains pending.
Digamon’s lawyer told the court that his client died on November 19, 10 days before the court promulgated its decision on this case. The lawyer formally informed the court on December 8 of Digamon’s death.
Digamon was sentenced to six to 10 years imprisonment for each of the 10 counts of violation of the anti-graft law, and 12 to 20 years for each of the two counts of malversation of public funds. Dumagan was sentenced to six to 10 years imprisonment for each of the nine counts of graft, and also to 12 to 20 years in jail for each of the two counts of malversation.
Digamon and Dumagan were ordered to pay P256,823 in actual damages and a fine of P34,612.
In his defense, Digamon contended that the checks were drawn to defray employees’ salaries and various projects, while Dumagan said these were backed by vouchers when presented for his signature.
Meanwhile, in a separate motion, Dumagan asked the Sandiganbayan to reverse its earlier ruling and to acquit him of the criminal charges.
He said the prosecution failed to show that he had issued checks without corresponding vouchers. And even if it was proven that the checks were issued without vouchers, there was no bad faith shown on his part because witnesses had testified that they had received the checks issued by the municipality, he added.
“In short, the lack of check vouchers does not negate the possibility of disbursements made for public and official purposes,” he said.
He also said the municipality of Batuan suffered no substantial injury, and that there was no evidence to pin him down for malversation.
He noted that the letter sent to him demanding explanation on the use of public funds was based on an incomplete audit. Hence, the demand should not be considered one that gives rise to the presumption of misappropriation, he said.
The audit also failed to establish that funds were missing, he contended.
There was also no conspiracy between him and Digamon, the former mayor said. According to him, conspiracy cannot be presumed just because he and the treasurer had signed the checks, as that was a function of their offices.
