The Sandiganbayan has convicted retired Brig. Gen. Jose Ramiscal Jr. anew, this time for the misuse of Army retirement funds 21 years ago.
In a decision, the court’s Fourth Division found Ramiscal guilty of two counts of graft for the anomalous release of P24.2 million in advance payments for Bay Resources Development Corp. (Bradco) in December 1995.
The funds were released to pay for the taxes on the Armed Forces of the Philippines Retirement and Separation Benefits System’s (AFP-RSBS) purchase of reclaimed land from Bradco, even if their agreement provided for the latter to shoulder the taxes.
Ramiscal was thus sentenced to imprisonment of 12 years and two months to a maximum of 20 years for violating Section 3(i) of the Anti-Graft and Corrupt Practices Act.
The AFP-RSBS entered into a joint venture with D.M. Wenceslao and Associate Inc. (DMWAI) to establish Bradco for the purpose of developing a 10-hectare portion of Manila Cavite Coastal Road and Reclamation Project. The land was reconveyed to the AFP-RSBS with Bradco acting as the vendor.
As president of the AFP-RSBS management group, Ramiscal approved the release of P5,584,170 for documentary stamps and P18,613,900 for the payment of creditable withholding tax.
The court found the transaction “highly anomalous” because the Dec. 29, 1995, deed of reconveyance placed the sole responsibility on Bradco to pay the taxes.
It also noted that as the AFP-RSBS representative when the deed was executed, he should have been aware since he approved the general vouchers on the very same day.
The decision added that the amount exceeded the P15 million approved by the AFP-RSBS board of trustees to pay for the titling expenses.
Meanwhile, Ramiscal was acquitted of two other graft charges regarding the release of P983,299.50 and P5 million for interest-free advances to Bradco in 1996 and 1997, respectively.
The court found these releases to be aboveboard and approved by the board of trustees.