The SC decision was written by Associate Justice Ricardo R. Rosario and was made public last July 12.
The Supreme Court has acquitted former Mayor Carlos R. Asuncion of Sta. Catalina, Ilocos Sur in the 2012 grant of P400,000 loans sourced from tobacco excise taxes to finance the livelihood programs of the four chapters of the town’s Bayanihan ng Kababaihan, a non-government and civil society organization.
The anti-graft court, on ruling that there was conspiracy, sentenced them to jail terms ranging from six to 10 years for each count of graft, and two to six years for each count of malversation with perpetual disqualification to hold public office. They elevated their cases to the SC. The OMB claimed that the four chapters of the organization did not submit the documents required by Commission on Audit, not registered with either the Securities and Exchange Commission or the Department of Labor and Employment , not accredited by the town’s bids and awards committee, and not an association of tobacco farmers who are authorized to receive a portion of the municipality’s share of the tobacco excise taxes.
He also pointed out that he acted in good faith on his belief that the chapters of the organization, composed of rural workers and farmers, were qualified to avail themselves of financial assistance because the law on tobacco excise tax did not state that non-tobacco farmers were specifically disallowed or excluded from the benefits of the taxes.
“After a judicious examination of the records and submissions of the parties in this case, the Court finds that the facts and evidence presented by the prosecution failed to prove the guilt of accused-appellants beyond reasonable doubt,” the SC said.
“In order to rule on the presence of conspiracy, there must be positive and clear evidence showing each of the accused’s conscious and intentional participation in the planning, preparation, and execution of the crime charged.
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