Heirs want dead man’s graft conviction overturned

MANILA, Philippines—The family of a former Bohol town treasurer has sought the dismissal of his graft and malversation cases, after the Sandiganbayan convicted him of unlawfully disbursing public funds. The reason: he died shortly before the court handed down the decision.

In a motion, the heirs of Primitivo Digamon said the cases against him should be dismissed because he died from a heart attack before the ruling became 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, adding that the bail bonds he had posted should also be cancelled. The Sandiganbayan Fifth Division had found Digamon and former Batuan, Bohol, Mayor Necitas Dumagan guilty of releasing checks not backed by supporting documents, and said there was a valid inference of misappropriation since the officials failed to account for the disbursement of the checks. The ruling was handed down on Nov. 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 Nov. 19, ten days before the court promulgated its decision on this case. The lawyer formally informed the court on Dec. 8 of Digamon’s death.

Digamon was sentenced to six to 10 years imprisonment for each of the ten counts of violation of the antigraft law, and 12 to 20 years imprisonment 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 had 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 siganture.

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 evidence failed to show that he had issued checks without corresponding vouchers.