Town budget officer off the hook
Limited participation. No direct or actual hand in the illegal disbursement. Not a co-conspirator.
As such, Buenavista Budget Officer Emer Gaylan is one very lucky man having been cleared of serious graft charges before the country’s highest anti-graft Court.
Gaylan was among the co-accused in Criminal Case No. 27784 of the Sandiganbayan First Division. Former Buenavista Mayor Arturo Fernandez and town treasurer Renato Garonita were not so lucky. Both were found guilty and sentenced six to ten years penalty, perpetual disqualification from government employ and held liable of nearly P500,000 in government refund.
A totally happy ending though for Gaylan who was aided in this lengthy Court battle by counsel, lawyer-writer Cornelio Panes. Come promulgation day, Panes was represented by associate, young lawyer Joviel Edama who stood by Gaylan’s side as the dispositive portion of the Decision was read.
The Sandiganbayan ruled that Gaylan in his capacity as Budget Officer could not be held similarly liable and responsible for the illegal disbursement of over P1.2 million in December of 1998.
Over ten years of legal defense on his innocence that eventually got the Sandiganbayan to recognize that indeed, “accused Gaylan had no actual participation in said payments/disbursements.”
“If at all, his participation is limited to the preparation of the Supplemental Budget on Funds Actually Available which had no direct connection to the actual payments/disbursements, and as one of the recipients but it appears that he already refunded the amount he received. Like the other mere recipients who were not even charged, he should not be held criminally liable,” excerpts of the 16-paged Sandiganbayan Decision went. “...And as aforediscussed it appearing that accused Emer Gaylan had no direct or actual participation in the actual payments/disbursements, he is entitled to an acquittal.”
Associate Justice Rodolfo A. Ponferrada penned the Decision concurred by Associate Justice Alexander Gesmundo and Associate Justice Norberto Geraldez as chairman.