MANILA — The Sandiganbayan has fined a former Sarangani provincial board member with PHP1,000 after pleading to a lesser offense of violating the auditing code.
The anti-graft court’s 6th Division, in its decision dated Sept. 12, 2018, found Hanafi Abdullatip Ibrahim guilty of violating Section 89 of Presidential Decree No. 1445, or the “Government Auditing Code of the Philippines”.
“In case of insolvency, the accused shall be required to undergo subsidiary imprisonment. No award of damages is made, in view of the prosecution’s admission that accused Ibrahim has satisfactorily liquidated the amount subject of the instant case,” the anti-graft court ruling read.
On May 22, 2014, Ibrahim was charged by the Office of the Ombudsman with violation of Article 218 of the Revised Penal Code for failure to render accounts.
In its complaint, the Ombudsman alleged that on March 25, 2008, Ibrahim, who was also then the president of the Philippine Councilors League-Sarangani Provincial Federation (PCL-SPF), received on Jan. 23, 2007 the PHP200,000 cash advance from the Sarangani provincial government as financial assistance to PCI-SPF.
The money was intended to defray the expenses for the PCL-SPF’s provincial assembly scheduled on Jan. 24-26, 2007 at the Royal Mandaya Hotel, Davao City.
The Ombudsman added that Ibrahim was accountable for such public funds by reason of his office or his position as PCL-SPF president.
When arraigned on Oct. 13, 2017, Ibrahim, assisted by his legal counsel, Dexter Francisco, entered a plea of not guilty.
On Feb. 1, 2018, Francisco informed the Sandiganbayan of Ibrahim’s intention to file a motion to allow him to plea bargain with the prosecution.
Ibrahim filed the motion on Feb. 12, 2018, manifesting his willingness to plead guilty to the offense of Section 89 of Presidential Decree No. 1445.
The prosecution did not object to Ibrahim’s proposal to plead guilty to a lesser offense.
On April 25 this year, Ibrahim told the Sandiganbayan that he has liquidated the cash advances with the provincial treasurer of Sarangani, and that it would take a week for the relevant documents to be transmitted to the Ombudsman.
In a certification dated May 2, 2018, Special Prosecutor Edilberto Sandoval and then Ombudsman Conchita Carpio-Morales allowed state prosecutors to enter into a plea bargaining agreement with Ibrahim and let him plead guilty to a lesser offense.
On May 23, 2018, the Sandiganbayan granted Ibrahim’s motion, with the accused withdrawing his previous not guilty plea. (Perfecto Raymundo, Jr./PNA)
