Sandiganbayan Confirms Conviction of Basey Treasurer
The Sandiganbayan has upheld the conviction of the assistant treasurer of Basey town in Samar for the malversation of P1.76 million in public funds. However, the court reduced her prison sentence compared to the original ruling by the regional trial court (RTC). This decision highlights the court’s stance on accountability in public office.
Assistant Treasurer Marieta C. Hernandez was initially sentenced by the RTC to serve between 17 years and 20 years and one day in prison for the crime. The Sandiganbayan, however, lowered her jail term to between eight years and one day up to 14 years and eight months. Alongside the jail term, Hernandez was ordered to pay a fine amounting to P1,766,640.33 and to return the misappropriated funds to the government. Furthermore, she faces perpetual disqualification from holding any public office.
Details of the Case and Court’s Rationale
Hernandez was appointed as the officer-in-charge of the Basey municipal treasurer’s office on January 26, 1996. During her appeal, she argued that her right to a speedy trial was violated since the case took 17 years and seven months before a verdict was reached. She also claimed that key evidence, such as testimonies and Commission on Audit (COA) certifications regarding the missing funds, was based on hearsay and was not formally presented during the trial.
However, the Sandiganbayan rejected these claims. The anti-graft court stated, “Contrary to the claim of the accused-appellant, all the elements of the crime of malversation are present beyond reasonable doubt and the testimony of the witness is not hearsay evidence.” The court also noted that delays in the trial were largely due to actions by the defense. It pointed out that when the prosecution requested trial deferments, Hernandez and her counsel did not object, which amounted to waiving her right to a speedy trial.
Legal Implications and Final Decision
The 11-page decision was penned by the Fourth Division Chairperson, supported by two associate justices. It emphasized the importance of upholding integrity within public service and ensuring that those who mishandle public funds face appropriate consequences.
This case reinforces the message that public officials will be held accountable for any misuse of government resources. The reduction in Hernandez’s sentence reflects the court’s careful consideration of mitigating circumstances but does not diminish the gravity of the offense.
For more news and updates on public fund malversation, visit Filipinokami.com.