Sandiganbayan acquits ex-Sultan Kudarat mayor Mamansual

The Sandiganbayan has acquitted a former mayor of Palimbang, Sultan Kudarat, of seven counts of malversation of public funds amounting to over P13 million.

In a 20-page decision, the Sandiganbayan said the prosecution failed to prove the guilt of Labualas Mamansual beyond reasonable doubt.

“In sum, the Court finds accused Mamansal not guilty in these cases, considering that the evidence of the prosecution absolutely failed to prove his guilt and the act or omission from which the civil liability might arise did not exist,” it said.

The anti-graft court also lifted and set aside the hold departure order issued against Mamansual and ordered his cash bail bond returned.

Mamansual was accused of issuing seven Land Bank of the Philippines checks without supporting documents to municipal treasurer Francis Nadar, who was indicated as the payee.

Both were charged with violations of Article 217 of the Revised Penal Code.

According to the court, while the first three elements of the crime of malversation are present in the case, the prosecution failed to establish the fourth element, where the offender appropriated, took, misappropriated or consented, or through abandonment or negligence, permitted another person to take public funds.

In its decision, the Sandiganbayan said evidence to prove the fourth element is “glaringly absent.”

“The prosecution failed miserably to establish the fourth element for the simple reason that it never presented any relevant and competent evidence to prove the same,” it said.

The court said the prosecution could have ascertained the allegations but it failed to do so.

“By no stretch of the imagination can the prosecution expect a conviction on the basis of its inept and lackadaisical effort in the prosecution of these cases,” it said.

“The prosecution clearly failed to discharge this burden, and the accused has in his favor the presumption of innocence which the Bill of Rights guarantees.”

Meanwhile, cases against Nadar were dismissed after his death in March 2019. —KBK, GMA News