Sandiganbayan clears Cebu ex-village treasurer of graft

MANILA, Philippines — The Sandiganbayan has cleared a treasurer of Barangay San Antonio in Cebu City of graft stemming from alleged audit irregularities worth P4.6 million. But he remains convicted of malversation due to the same findings.

In a 45-page decision promulgated on July 7, the Fourth Division, chaired by Associate Justice Arthur Malabaguio, overturned the September 12, 2024 judgment of the Cebu City Regional Trial Court Branch 74 in Christopher Cacanindin’s graft case.

Cacanindin’s graft case stemmed from the Commission on Audit’s (COA) finding of an alleged shortage in his accountabilities amounting to P4,621,847.63 arising from undeposited collections and unliquidated cash advances during his tenure from 2013 to 2019.

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He has also admitted before the Cebu RTC that he could not fully explain the discrepancies noted in the COA’s Report of Cash Examination, but insisted that, to the best of his knowledge, all required supporting documents had been submitted to the auditing body.

The Cebu RTC said the evidence Cacanindin submitted to the court, such as copies of the disbursement vouchers and breakdown of payrolls, “do not explain, much less justify” the missing P4.6 million.

“Apparently, the defense of the accused is lame and unconvincing to elucidate on the loss of such a huge amount of government funds,” the Cebu RTC said.

However, the anti-graft court said the Cebu RTC convicted Cacanindin of graft “without clearly identifying the specific mode by which the offense was committed.”

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“While the assailed judgment declares that the accused acted either in evident bad faith or through gross inexcusable negligence, it stops short of making definite and categorical finding as to which particular modality attended the commission of the offense,” the anti-graft court also said.

“It is, therefore, better to liberate a guilty man than to unjustly keep in prison one whose guilt has not been proved by the required quantum of evidence,” it continued.

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Thus, Cacanindin is still convicted of malversation, and his appeal to the anti-graft court did not include this case.

“Accordingly, the Court shall limit its discussion to the arguments pertinent to the graft conviction and shall determine the appeal exclusively on the basis thereof.

“Any findings, conclusions, or matters relating to Cacanindin’s separate conviction for malversation are beyond the scope of the present review and shall not be passed upon herein,” the anti-graft court said.

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Cacanindin was sentenced to up to 18 years for his malversation case./coa