ILOILO CITY — The Sandiganbayan has acquitted a former Iloilo town mayor and two other municipal officials of graft and malversation charges in relation to alleged falsified payroll documents for several infrastructure projects.
In a September 1 decision of the anti-graft court’s sixth division, former Sara, Iloilo mayor Neptali Salcedo, municipal engineer Roel Salcedo, and municipal treasurer Edna Pacrim were cleared of alleged falsification of signatures in the time books and payrolls of workers in municipal government projects from 2004 to 2007.
The ruling was signed by Sandiganbayan Sixth Division chairperson Associate Justice Sarah Jane Fernandez, and concurred by division members Associate Justices Karl Miranda and Kevin Narce Vivero.
The accused were acquitted due to the lack of evidence, particularly referring to the pertinent disbursement vouchers which would have highlighted their participation in the alleged offense.
“There is no evidence to show that the persons listed in the said documents did not in fact render service in connection with the projects indicated in the documents,” the 62-page decision read.
“[T]he team leader of the special audit team testified that they were not able to inspect some of the projects because of the lack of documents necessary to determine the site of the said projects,” it added.
The anti-graft court said that while there was gross inexcusable negligence on Pacrim’s part, the prosecution could not prove that it was for a dishonest purpose.
“While accused Pacrim indeed failed to ensure that the listed payees affixed their signatures to the pertinent documents, there is nothing in the evidence on record that would prove that the said payees were not in fact paid the amounts they were entitled to. Likewise, there is nothing in the evidence on record that would prove that accused Pacrim’s omission was part of the accused’s scheme to take public funds for their own use and benefit,” it said.
As to the participation of the former mayor and municipal engineer, the Sandiganbayan said that they could not find any evidence of bad faith as to certifying the persons listed and approved their payments in the Time Books and Payrolls.
The charges against the three accused include 46 counts under Section 3(e) of Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act) and another 46 counts of Malversation through Falsification under Articles 217 and 171 of Act No. 3815 (Revised Penal Code, as amended).
This stemmed from a complaint filed by former Iloilo 5th District representative Niel Tupas Jr. in 2008.
Tupas Jr. filed another complaint against the three accused in this case, but they were likewise acquitted by the Sandiganbayan in 2019.
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