G.R. NOS. 160929-31 - RENE P. PONDEVIDA, VS. THE HON. SANDIGANBAYAN (THIRD DIVISION) AND THE PEOPLE OF THE PHILIPPINES.

Ruling

WHEREFORE, in Criminal Case No. 24375, the Court hereby finds the accused RENE P. PONDEVIDA GUILTY beyond reasonable doubt of the complex offense of Malversation of Public Funds thru Falsification of commercial document defined and penalized under Arts. 48, 171 and 217 of the Revised Penal Code and hereby sentences the said accused to suffer the penalty of RECLUSION PERPETUA and PERPETUAL SPECIAL DISQUALIFICATION in accordance with Art. 31 of the Revised Penal Code and to pay a fine of P213,700.00 and indemnify the Municipal government of Badiangan the sum of P213,700.00, with costs. For insufficiency of evidence and for failure of the prosecution to prove their guilt beyond reasonable doubt, accused DONATO M. AMIGABLE and VICTOR N. GRANDE are hereby ACQUITTED of the offense charged in this case, and their bail bonds posted for their provisional liberty are hereby ordered cancelled. In Criminal Case No. 24375, the Court hereby finds the accused RENE P. PONDEVIDA GUILTY beyond reasonable doubt of the complex offense of Malversation of Public Funds through Falsification of commercial document defined and penalized under Arts. 48, 171 and 217 of the Revised Penal Code and hereby sentences the said accused to suffer the penalty of RECLUSION PERPETUAL and PERPETUAL SPECIAL DISQUALIFICATION in accordance with Art. 31 of the Revised Penal Code and to pay a fine of P503,287.89 and indemnify the Municipal government of Badiangan the sum of P503,287.89, with costs. For insufficiency of evidence and for failure of the prosecution to prove his guilt beyond reasonable doubt, accused DONATO M. AMIGABLE is hereby ACQUITTED of the offense charged in this case, and the bail bond posted for his provisional liberty is hereby ordered cancelled. In Criminal Case No. 24377, the Court hereby finds the accused RENE P. PONDEVIDA GUILTY beyond reasonable doubt of the complex offense of Malversation of Public Funds thru Falsification of commercial document defined and penalized under Arts. 48, 171 and 217 of the Revised Penal Code and hereby sentences the said accused to suffer the penalty of RECLUSION PERPETUA and PERPETUAL SPECIAL DISQUALIFICATION in accordance with Art. 31 of the Revised Penal Code and to pay a fine of P115,153.55 and indemnify the Municipal government of Badiangan the sum of P115,153.55, with costs. For insufficiency of evidence and for failure of the prosecution to prove his guilt beyond reasonable doubt, accused DONATO M. AMIGABLE is hereby ACQUITTED of the offense charged in this case, and the bail bond posted for his provisional liberty is hereby ordered cancelled. Considering that accused NORMA B. TIU is still-at-large, let Criminal Case No. 24376 be ARCHIVED until her arrest. [1] The anti-graft court granted the petitioner an extension of time within which to file a motion for reconsideration of its decision, until May 10, 2003. The said motion was filed on May 9, 2003 which the said court resolved to deny on September 5, 2003. The petitioner rec