P21,500 settlement ‘cut’ lands ex-fiscal in jail

MANILA, Philippines — The Sandiganbayan Fifth Division has found a former Taguig City senior assistant prosecutor guilty of three counts of violating the code of conduct and ethical standards for government workers after he took P21,500 as his “share” of the settlement in a homicide case in 2014.

In a decision handed down on Oct. 13, the court sentenced Cesar dela Cruz to imprisonment of up to two years for each count of violating Section 7 of Republic Act No. 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

Aside from being disqualified from holding public office, he was also ordered to pay back the complainant, Lilia Abequibel, a vendor.

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Based on the court records, Dela Cruz handled in 2014 the case of Abequibel, who had sued three minors over the killing of her son. She later agreed to a settlement of P110,000 with the parents of the suspects.

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Dela Cruz, however, claimed P21,500 as part of his share of the settlement, prompting the vendor to file a complaint against him with the National Bureau of Investigation.

Strong evidence

The NBI referred its findings to the Office of the Ombudsman which then filed a complaint against Dela Cruz.

In its ruling, the antigraft court’s Fifth Division said there was “strong evidence” showing the full settlement amount was not given to Abequibel.

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It noted that the parents of the suspects had left the money with Dela Cruz after he asked them to leave the room. He then allegedly took his share of the payment before handing the rest over to the complainant.

The court said that when Abequibel testified in court, she provided a “natural, positive and straightforward” narration of the events while “her assertions [were] direct and explicitly buttressed by her demeanor that impresses spontaneity.”

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It also pointed out that Abequibel did not have a reason to “concoct a story of extortion against the accused,” given her background as a “modest and soft-spoken Yakult vendor” who chose to settle with her son’s alleged assailants “for peace.”

In addition, her statements were corroborated by the parents of the suspects, who confirmed that they left the room after placing the money on Dela Cruz’s table, the court said.

Dela Cruz, it noted, “tried to destroy Abequibel’s credibility” by focusing on how she failed to immediately complain about his taking a portion of the settlement. The court, however, said that Abequibel had initially believed it was “proper” for the prosecutor to take a cut.

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“It is worthy to echo that holding a public office comes with necessary restrictions. Personal interests are shelved for the sake of preserving the unquestioned integrity of one’s public office. The facts of these cases certainly show that the accused had failed to live up to this standard,” it added. /cb