THE Sandiganbayan First Division has upheld its Oct. 29, 2008
decision convicting former Autonomous Region in Muslim Mindanao governor Zacaria
A. Candao, his brother and former executive secretary Abbas A. Candao, and
former disbursing officer Israel B. Haron of multiple counts of malversation of
public funds.
The three were found guilty of conspiring with each other in
issuing 52 checks amounting to P21 million from December 1992 through March 1993
without the corresponding disbursement vouchers.
All three were sentenced to 56 years in jail although Gov.
Candao was found guilty in only nine counts while his brother was convicted in
43 counts, and Haron in all 52 counts.
The uniform prison sentence was due to the three-fold rule
under Article 70 of the Revised Penal Code which states that a convict may not
be penalized for longer than three-fold the most severe penalty for his offense.
Gov. Candao was also told to pay the government P3.86
million; Abbas Candao to pay P16.84 million; and Haron, P20.7 million.
In a resolution penned by Associate Justice Rodolfo A.
Ponferrada, the graft court dismissed the joint motion for reconsideration filed
by the three defendants noting that they only raised arguments that were already
considered in the original ruling.
The three were charged following a special audit of ARMM
funds ordered by former President Fidel Ramos. A group of investigators composed
of state auditors Heidi Mendoza as team leader, Jaime Roxas as member, and Jaime
Naranjo as supervisor, discovered illegal withdrawals totaling P11.12 million
under ARMM’s account with the Philippine National Bank and another P9.93 million
under an account with the National Treasury.
Said fund releases were traced through 52 PNB checks made
payable to Haron and countersigned by either of the two Candaos.
The Candaos and Haron will remain free while they challenge the Sandiganbayan
ruling before the Supreme Court after the Sandiganbayan denied prosecution’s
motion to cancel the bail of the three, saying prosecutors failed to
substantiate their claim that the defendants are likely to flee if allowed to
remain free on bail. – Peter J.G. Tabingo
