Sandiganbayan convicts ex-Navy officers in malversation raps over misuse of P300k cash advance

The Sandiganbayan First Division convicted former high-ranking Philippine Navy officers Rear Admiral Constancio Jardiniano, Jr. and Lieutenant Commander Manuel Gimena of malversation of public funds over their failure to liquidate at least P83,934 of the P343,297 worth of public funds under their jurisdiction.

In a 69-page ruling dated October 25, the anti-graft court sided with the prosecution’s evidence which include the Commission on Audit report showing that there were spurious receipts attached in liquidation vouchers for the 2006 purchase of medicines, among other purchases, funded by the P343,297 cash advance and signed into approval by Jardiniano, Jr. and Gimena—then commander and the special disbursing officer, respectively, of the Naval Education and Training Command (NETC).

Given that they were spurious, COA issued a notice of disallowance and asked the said Navy officers to refund the said amount.

Likewise, the anti-graft court gave weight to the testimonies of the representatives of pharmacies and other businesses such as Farmacia Pascasio, Farmacia Callo, FR Estrada Pharmacy and Medical Clinic, Kimayong Variety Store, Standard Blue Auto Supply, Kabayan Meat Shop and Rice Supply and Ronnette’s Educational Supply who all corroborated COA’s findings that sales and cash invoices under their respective business names were fake.

Jardiniano also signed a disbursement voucher and Land Bank of the Philippines check number 72661 for the disbursement of the cash advance worth P343,297.

“These pieces of documentary evidence show the participation of both the accused in the preparation thereof by the appearance of their signatures in the documents. All these prove that the question cash advances were received by the accused,” the Sandiganbayan said.

“It bears emphasis that the accused in this case failed to give satisfactory or reasonable excuse for the disappearance of the said funds. They also could not account for the said amounts and did not have them in his possession when auditor [Carlito Castañeda] Varias issued them the AOMs (Audit Observation Memorandum) informing them of the disallowance,” the Sandiganbayan added.

In addition, the anti-graft court pointed out that supply officers who allegedly provided Gimena with the receipts shown to be spurious were not presented.

“The defenses of the accused failed to overcome the presumption of law,” the Sandiganbayan said.

Their conviction meant that Jardiniano, Jr. and Gimena will be facing four years to eight years of jail time.

Likewise, they are perpetually disqualified from occupying public office and were slapped a fine worth P83,934. —KG, GMA News