BY CZARINA NICOLE ONG-KI
Former South Cotabato Rep. Pedro Acharon Jr. and two others have been found guilty by the Sandiganbayan Seventh Division of graft due to the irregular cash advance for a festival in California back in 2006.
Found guilty beyond reasonable doubt were Acharon, in his capacity as the Mayor of General Santos City; Marcelino Dospueblos, designated City Finance Administrator; and private individual Chriselda Macion, president and representative of the General Santos City (GSC) Tourism Association Inc., a non-government organization.
They were sentenced to an indeterminate penalty of imprisonment of six years and one month as minimum to nine years as maximum, and suffer perpetual disqualification from holding public office.
Their conviction for violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act stemmed from the anomalous cash advances amounting to P1.5 million and P1 million on May 25, 2006 which was reportedly for the “Pagana Dinner Show and Tambayayong Festival” in Los Angeles, California from June 9 to 16, 2006.
The amount was intended for 37 individuals, but only 17 were able to participate. At the same time, the accused failed to liquidate the amount of P2.5 million.
The anti-graft court said in its ruling that the prosecution managed to prove all elements of the crime charged. At the time the request for financial assistance was made, the court said that GSC Tourism Association had lost its juridical existence as an NGO. Acharon and Dospueblos were unable to rebut this fact.
As mayor, the court said Acharon should have acted with “extreme care and caution” before allowing the grant and release of financial assistance to GSC Tourism Authority.
“In other words, he could have first asked whether GSC Tourism Authority is a validly existing association and has the necessary accreditation under the laws to be a qualified grantee of a financial grant,” the decision read.
Macion likewise failed to come to the rescue of Acharon and Dospueblos since she did not provide any evidence that GSC Tourism Association was a worthy recipient of a financial grant.
The court found out that GSC Tourism Authority had no more legal authority as early as 2003. The anti-graft court stressed that Securities and Exchange Commission registration is very valuable in dealing with juridical persons and it is a requirement for accreditation as an NGO.
As for the liquidation of the cash advances, Acharon said in his defense that he kept on reminding Dospueblos and Macion and the City Accountant to do so. However, the court noted that there was no concrete evidence to prove his “bare words.”
The anti-graft court also found it telling that no case was filed against GSC Tourism Association until Acharon finished his term as mayor. While the P2.5 million was eventually liquidated, the court also said that the accused is not yet absolved of the crime.
“The disparity occurs due to an error in mathematical computation considering the partial liquidations made. The reason is simple, the crime is not dependent on proving the correct amount of damage ‘but more on proving the fact of giving unwarranted preference or benefit to another with evident bad faith, manifest partiality or gross inexcusable negligence.’ And because of this, damage was caused to the government,” the decision stated.
The 77-page decision was penned by Associate Justice Georgina Hidalgo and concurred in by Seventh Division Chairperson Ma. Theresa Dolores Gomez-Estoesta and Associate Justice Zaldy Trespeses.
