Ex-town mayor convicted of malversation of public funds

MANILA, Philippines—The Sandiganbayan convicted a former town mayor for malversation of public funds stemming from ghost road and market projects in 1996.

In a 21-page decision made public on Monday, the anti-graft court, through Associate Justice Rodolfo Ponferrada found Teofilo Pantaleon Jr., former town mayor of Castillejos, Zambales, guilty for two counts of malversation thru falsification of public documents (Article 217 in relation to Article 48 of the Revised Penal Code) sentencing him to suffer the penalty of reclusion perpetua (40 years imprisonment) for each count.

At the same time, the anti-graft court also perpetually disqualified Pantaleon Jr to hold any public office and was ordered to pay a total fine of P201, 706.75 without subsidiary imprisonment in case of insolvency and return the same amount he misused.

However, the Sandiganbayan dismissed the case against municipal treasurer Jaime Vallejos because death extinguishes criminal liability.

Court records showed that Pantaleon conspired with Vallejos in misappropriating public funds by forging documents with a total amount of P201, 706.75 in favor of La Paz Construction (LPC).

The first fictitious contract which was remunerated in check dated December 17, 1996 amounting to P32, 266.48 was made between them and LPC for the repair of the drainage system and market stalls of the Castillejos public market.

The other falsified contract was prepared and paid also thru check on November 21, 1997, in the amount of P169, 440.27 supposedly for the improvement of the barangay roads in Barangays Casagatan-Looc, Nagbayan-Macupit and San Agustin proper-Mandamquez.

Mr. Tiu Ken Suan, the owner of the construction company, revealed that he did not enter into such contracts with the local government nor had received any alleged payments.

Also, the anti-graft court pointed that the public market and thoroughfare reconstruction which Pantaleon claimed were built during his term never materialized.

“In conclusion, considering the evidence presented by the prosecution and the failure of the accused (in his adduced evidence) to adequately overturn the presumption of malversation and shatter the prima facie evidence of conversion and to rebut the presumption of being the authors of the falsification of public documents, the court finds the herein two accused in conspiracy with each other to have committed two counts of the offense of malversation of public funds thru falsification of public documents…” the ruling read.

Associate Justices Efren dela Cruz and Rafael Lagos concurred with the decision.