The Sandiganbayan has reversed the graft and estafa conviction of former Development Bank of the Philippines (DBP) chair Vitaliano Nañagas II over his alleged misrepresentations in his travel expenses in 2004.
In a 19-page resolution dated Feb. 14, the antigraft court’s Third Division granted Nañagas’ motion for reconsideration appealing the March 28 decision, which sentenced him to eight to 26 years in prison and ordered him to indemnify the government the amount of P377,040.01.
Nañagas was originally found guilty of violating Section 3(i) of the Anti-Graft and Corrupt Practices Act for allegedly having a personal interest in securing board approval of his business trip to the United States.
Likewise, he was convicted for estafa for allegedly making false representations in his travel expenses, which were spent on supposed corporate gifts such as lingerie, briefs, and jersey shorts.
But, the court, taking a “second hard look at the facts of the case vis-a-vis the relevant jurisprudence,” reversed its earlier finding of criminal liability.
The estafa conviction was overturned over the lack of deceit and false representation.
The court noted that even as Nañagas submitted certifications that the expenses were “authorized, necessary, lawful and incurred in the discharge of his official duties,” he actually attached the correct receipts revealing the nature of the expenses.