Sandiganbayan upholds conviction of ex-Navy officer over undelivered medical, dental supplies

For lack of merit, the Sandiganbayan has junked the appeal of retired Navy Captain Gilmer Batestil in connection with his conviction on multiple counts of malversation of public funds and graft charges over the anomalous procurement of medicines and other medical and dental supplies in 1990-1991.

In a 10-page decision dated January 4, the anti-graft court junked Batestil’s motion for reconsideration where he argued that the prosecution did not present an incontrovertible proof that would warrant his conviction for malversation of public funds through falsification of documents because he would not have signed the subject purchase orders (POs) and disbursement vouchers (DVs) with ‘snopake’ entries or entries with erasures done using paper correction fluid.

Batestil also reasoned out that he is not in authority to disapprove or approve POs that makes the documents he signed doubtful, but the Sandiganbayan was not convinced.

“Accused Batestil's argument that the entries with ‘snopake’ necessarily discredit the prosecution's evidence deserves scant consideration. It must be pointed out that accused Batestil confirmed that he signed the subject documents and affirmed that it was his signature appearing on the subject DVs,” the Sandiganbayan said.

“He testified that when he signed the said DVs, the 'snopake' entries were not there. While there were 'snopake' entries in the same DVs, this will not change the fact that he signed those documents which were made as bases in paying the alleged suppliers but the  items were never delivered,” the Sandiganbayan added.

In addition, the anti-graft court said that Batestil did not categorically deny the signatures appearing on the subject POs and DVs as his and merely testified that when he signed the subject documents, the ‘snopake’ entries were  not  yet there.

“More importantly, the documents  with  ‘snopake’ entries, as testified to by accused Batestil, did not refer to all of the documents subject of the cases for  malversation  of public funds. Only nine out of 20 DVs and POs in the malversation of public funds cases have the ‘snopake’ entries. The other documents accompanying the aforesaid documents like the Requisition and Issue Vouchers, Sales Invoice, TIRCAS and Certificates of Acceptance have no ‘snopake’ entries,” the Sandiganbayan said.

“Accused Batestil likewise admitted that the subject documents were all prepared during his incumbency and he signed the subject DVs and POs. Accused Batestil's active participation in the signing of the important documents, like the DVs and POs, made possible for his co-accused [Edna] Gianan to take huge amount from the coffers of the government without any valid basis,” it added.

Gianan is the owner and operator of the firm that was supposed to supply the above mentioned supplies to the Navy.

“We need not belabor on the elements of malversation of public funds in these cases as the same were exhaustively passed upon by the Court in its assailed Decision. To repeat, the prosecution was able to prove accused Batestil's guilt beyond reasonable for malversation of public funds,” the Sandiganbayan said.

“In sum, the testimonial and documentary evidence of the prosecution clearly proved that the accused-movant is guilty of the crimes. Thus, there is no tenable ground to warrant a reconsideration of the subject Decision,” the anti-graft court added.

Batestil has been 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.  

As of posting time, GMA News Online is trying to reach the camp of Batestil and will publish his side on the matter soon as it becomes available. — RSJ, GMA Integrated News