The Sandiganbayan convicted former Unisan, Quezon Province mayor
Cesar Alpay for graft charges arising fro the unlawful diversion of the Php 1
million Social Fund of then President Gloria Macapagal-Arroyo from its intended
use as cash loans to farmers in 2003.
In the 75-page November 7, 2012 decision penned by Associate
Justice Gregory Ong and concurred in by Associate Justices Jose Hernandez and
Maria Cristina Cornejo, the anti-graft court’s Fourth Division found Alpay
guilty of violating Section 3(e) of Republic Act (R.A.) No. 3019 (Anti-Graft
and Corrupt Practices Act) and sentenced him to: (a) suffer an indeterminate
penalty of imprisonment from 6 years and 1 month, as minimum, to 10 years, as
maximum; (b) suffer all the appropriate accessory penalties consequent thereto,
including perpetual disqualification from public office; and (c) pay the costs.
Alpay was indicted with graft for causing undue injury to
the government for using the P1-million peso social fund under the "Isang
Bayan, Isang Produkto, Isang Milyong Pisong Programa ni Pangulong GMA" to
buy hand tractors amounting to P459,110, and motor engines for bancas amounting
to P418,200 for a total of P877,310, without the benefit of public bidding and
without the required supporting documents.
The fund was intended as cash loans to deserving Micro and Medium
Scale Enterprises or entrepreneurs or farmers.
In its ruling, the
Sandiganbayan stated that the evidence is clear that the amounts given to the
farmers/ fishermen-beneficiaries were not paid. Instead, they were outrightly
given cash, but were not required to repay the amounts separately given to
them.
This is contrary to the clear directive of Executive Order (E.O.)
No. 176, which requires loans to be paid within 5 years for long-term loans and
within one year for short-term loans.
“We find as sufficient the prosecution evidence to support a
conclusion that there was evident bad faith,” the ruling said.
According to the court, the
eventual release and distribution of the amounts took place on June 30, 2003,
“the last day of the term of office of accused Mayor Alpay who was, obviously,
aware that another duly-elected mayor will be taking over the helm of his
office on the day following.”
“Accused Mayor Alpay simply cannot feign ignorance of the
requirements under Executive Order No. 176, particularly on the need for the
amounts released to the farmers/ fishermen-beneficiaries to be repaid by them,”
the decision stated.
DIR. EDGARDO C. DIANSUY
Media Affairs Bureau (MAB)