Ex-Navy captain convicted of malversation, graft over supplies mess

A retired Navy captain has been convicted of malversation of public funds and graft over the anomalous procurement of medicines as well as medical and dental supplies in 1990 and 1991.

In a 545-page decision, the Sandiganbayan said it has found former Navy captain Gilber Batestil guilty of 20 counts of malversation of public funds through falsification of public documents and 16 counts of graft.

Batestil was sentenced to 12 to 18 years of jail time for the malversation and six to 10 years imprisonment for graft involving at least P24 million of public funds.

The Sandiganbayan noted that Batestil had admitted to the following: 

• the Purchase Orders (PO) were prepared during his incumbency as Naval Procurement Officer under his supervision and control
• signing Disbursement Vouchers (DVs) and
• payments to the named supplier would not have been possible had he not signed them

"It was duly established that accused Batestil allowed the taking of the subject public funds by signing the POs and DVs which resulted in the payment of the items allegedly purchased in the POs and DVs which were never delivered to the Navy," the court said.

"Furthermore, the attached supporting documents of the purported deliveries of medicines and medical supplies were falsified to make it appear that there were deliveries of the said items when, in truth and fact, no such deliveries of the subject items were made," it added.

The anti-graft court also found private citizen Edna Gianan, the owner/operator of the firm that was supposed to supply the items, guilty of malversation charges.

The Sandiganbayan said Gianan also admitted that she received the checks representing the Navy's payment for the medicines and medical supplies.

"However, the prosecution evidence shows that accused Gianan did not deliver any medicines or medical supplies to the Navy. Despite this non-delivery, she was allowed to take a huge amount of money from the government for its grave damage and prejudice," the Sandiganbayan said.

The anti-graft court cited the same reason in convicting Batestil and Gianan of graft raps.

The Sandiganbayan also ordered Batestil and Gianan to pay a fine of P17 million and P7 million, respectively.

In addition, Batestil was perpetually disqualified from holding public office as a result of his conviction.

GMA News Online has reached out to Batestil through Facebook for his comment, but he has yet to respond as of posting time. —KBK, GMA News