The Sandiganbayan has affirmed the conviction of a former cashier of the Professional Regulation Commission (PRC) for his failure to account for over P17 million of funds from 2002 to 2008.
In a 57-page resolution promulgated on July 6, the Anti-Graft Court Sixth Division dismissed the attraction of Ferdinand Llapitan and affirmed the November 2019 ruling of the Tuguegarao Regional Trial Court which discovered him responsible of malversation of public funds.
However, the Court modified Llapitan’s sentence from reclusion perpetual to imprisonment to as much as 17 years. He remains to be perpetually disqualified from holding public workplace.
The Court additionally ordered Llapitan to restitute the PRC Region 2 of over P17 million with authorized curiosity of 6% every year from the finality of the judgment till full fee.
“Let the necessary Commitment Order be issued. The Division Clerk of Court is directed to make the necessary arrangements for the transfer of accused-appellant Llapitan to the New Bilibid Prison,” the Court stated.
The case stemmed from the attraction of Llapitan, arguing that the RTC gravely erred in not discovering that there was no full description of how the P17 million scarcity was calculated.
Llapitan additional argued that the court docket gravely erred in not discovering that the ingredient of doubt was not confirmed past affordable doubt.
For the Sandiganbayan, the RTC’s findings and conclusions have been primarily based on proof.
The Court stated that Llapitan had admitted that he was the one cashier of PRC Region 2 from 1998 to February 2008, that means that he was solely accountable for the custody and assortment of charges.
“Hence, this Court agrees with the RTC’s conclusion that the prosecution evidence established, at the very least, a prima facie case for malversation against accused-appellant Llapitan,” it stated.
“Clearly, accused-appellant Llapitan’s failure to account for the missing or unremitted funds, and his failure to offer a justifiable explanation for such shortage, despite the demand made by COA, gives rise to a prima facie presumption that he appropriated the subject funds,” it later added.
Despite this, it stated that the RTC erred in imposing a penalty of reclusion perpetua in opposition to Llapitan and in not imposing a fantastic in opposition to him. —VAL, GMA Integated News
Source: www.gmanetwork.com
