Court orders arrest of ex-Misamis gov for malversation

Former Misamis Oriental governor Antonio Calingin was ordered arrested by the Sandiganbayan after the Supreme Court upheld his conviction for malversation over the missing spare parts and accessories of two government vehicles in 2004.

In an order issued Sept. 20, the Sandiganbayan Second Division issued the warrant of arrest against Calingin after he failed to show up for the execution of judgement.

The order said the Supreme Court in its resolution Sept. 16, 2015 denied with finality the motion for reconsideration Calingin filed to reverse his conviction.

The Sandiganbayan therefore set the execution of judgement for Feb. 23, 2016—a decision Calingin opposed upon filing a motion anew seeking to cancel the scheduled date.

The Sandiganbayan later denied this motion and finally set the execution of judgement on Sept. 20, which Calingin missed. He remains at large.

In the order signed by division chairperson Associate Justice Samuel Martires, Calingin sought to delay the execution of judgement when he filed a petition to set aside a resolution penned by Associate Justice Michael Frederick Musngi, citing a pending petition assailing Musngi’s appointment to the Sandiganbayan.

Calingin said there was a “cloak of illegitimacy” in Musngi’s resolution because of the questions surrounding Musngi’s appointment by former President Benigno Aquino III to the Sandiganbayan.

READ: IBP wants SC to void Aquino’s choice of 2 Sandigan associate justices 

The court said without a temporary restraining order from the Supreme Court, and with the entry of judgement deemed final and executory, “there is nothing for this court to do… but to issue a warrant for the immediate arrest of the accused so that he will now start serving his sentence.”

In a decision promulgated Dec. 2014, the Sandiganbayan convicted Calingin for malversation over the missing spare parts worth P2,082,385 from two 4×4 Hi-Lux vehicles which was assigned to him as his service vehicles when he was governor in 2004.

Calingin was sentenced to 10 years and one day of prision mayor as minimum, to 18 years, eight months and one day of reclusion temporal as maximum.

He was also ordered to pay a fine of P2,082,385, and to suffer perpetual disqualification from public office.

Calingin was also ordered to indemnify the province of Misamis Oriental in the total amount of P2,082,385.

The Sandiganbayan  acquitted Calingin’s brother Mario Calingin for insufficiency of evidence. RAM/rga