A warning to government officials: “Justice will always prevail.”
A former municipal treasurer of Pagsanjan, Laguna was sentenced to 4 to 7 years in jail after being found guilty of malversation for using P483,529.31 worth of public funds for personal use and benefit way back in 2008.
On June 15, 2005, Elizalde G. Galabeño, then Officer-in-Charge of the Municipal Treasury of Pagsanjan was accused thus: “with grave abuse of confidence and taking advantage of his position, willfully, unlawfully, and feloniously misappropriate, embezzle, and convert to his own personal use and benefit said public funds.”
Aside from jail time, Galabeño also has to pay a penalty worth P483,529.31 or the exact amount missing from public funds with a 6 percent interest every year, and also a disqualification from holding any position in public office.
This was after he appealed the decision of the Regional Trial Court, 4th Judicial Region, Branch 28, Sta. Cruz, Laguna convicting him to Sandiganbayan.
Justice delayed
After the court found probable cause, a warrant of arrest against Galabeño was issued on October 2, 2008 with bail fixed at P40,000 but somehow was not served by police authorities after failing to locate the accused forcing the case to be ordered archived subject to retrieval upon apprehension of the accused.
After nine years, on December 24, 2017, as if it was a Christmas gift to the people of Pagsanjan, Galabeño was arrested at Barangay D Del Mundo in Mansalay, Oriental Mindoro and was then brought and detained at Pagsanjan Custodial Facility and thus reinstating the case.
On January 9 of the same year, Galabeño was able to pay a reduced bail bond of P20,000 to be released from detention under provisional liberty.
After pleading not guilty of malversation of public funds, a trial was conducted.
Evidence
During the trial, two witnesses, Rebecca Ciriaco and Nora Federizo, both Commission on Audit State Auditors, laid out their testimonies.
According to Rebecca Ciriaco who was serving as head of the auditing team back then, they conducted a cash and account examination of Galabeño covering the period of November 23, 2004 to June 15, 2005.
“Alleging to have applied all the necessary audit procedure during the cash examination, and made use of all available financial records, the Team found him short of cash from various accounts by P483,529.31.”
Due to the situation, a demand letter was sent to Galabeño on June 21, 2005 to restitute the amount of shortage and to explain how it happened.
Two days later, Galabeño failed to return the amount but explained in his letter that the “vouchers were in process and the vales (bale) would be deducted in the payroll to cover the shortages.
Federizo pointed out in his corroborated testimony that this practice was prohibited.
However, COA did not accept the explanation and was warned of a malversation case if he failed to restitute the shortage. A recommendation for the immediate relief of Galabeño was also sent to then-Mayor E.R. Ejercito.
Defense: hold-up?
In his defense on June 10, 2021, Galabeño stated that he was on his way to the bank when he was robbed on gunpoint by two men while inside a jeepney.
He also denied the accusations against him and said that he only failed to remit P290,000 and that he did not steal or use the money for his own benefit.
In his narration, he said that he the robber was sitting next to him while the other one was sitting in his front with a gun directed at him. The robbers instructed him to go with them and ride a tricycle.
“After passing San Luis Sport Complex on board the tricycle, he was blindfolded and for about 10 minutes, the tricycle stopped where he was order to disembark.”
“At the said place, he pleaded for his life telling them that he would not report the matter to the police authorities as he overheard their conversation to finish him off.”
In the end, he was hit at his nape and lost consciousness and by regaining consciousness saw several documents including checks for deposits and the money to be deposited missing.
However, there was no documentary proof of the robbery incident even a simple blotter on any police station. He claims he did not report the incident out of fear of retaliation from the robbers.
Galabeño also resigned in December 2006 with hopes that his separation benefits would be enough to replace the lost money but the benefits were not released upon the order of Mayor Ejercito.
On December 16, 2021, the court found Galabeño guilty of malversation and on March 32, 2022, the accused filed a Notice of Appeal which was endorsed to Sandiganbayan.
Last November, the Sandiganbayan denied Galabeño’s appeal.
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