THE Sandiganbayan has affirmed the conviction of former Bataan Shipyard and Engineering Corp. Inc. (Baseco) treasurer Agustiniana Avelino on 13 counts of violation of the Anti-Graft and Corrupt Practices Act (RA 3019) for taking P102.07 million from the agency’s bank account in 2009 and 2010.
Presiding Justice Amparo M. Cabotaje-Tang and Associate Justices Bernelito R. Fernandez and Ronald B. Moreno denied the defendant’s Motion for Reconsideration for lack of merit and sustained the prosecution’s assertion that her guilt was proven beyond reasonable doubt.
Avelino is facing six to eight years imprisonment for each count of graft and ordered to repay the government the entire P102.07 million. She was also disqualified from ever holding any government post.
Former Baseco president Proceso Maligalig was named the principal accused in the graft charges, but he died in 2021, leaving Avelino as the lone remaining defendant.
According to bank records obtained by investigators, the biggest withdrawals were three P20 millions followed by a P14.24 million and a P10 million. Prosecutors said neither defendant offered any justification for drawing out the money nor have they accounted for where the cash went.
In her appeal, Avelino argued that none of the witnesses presented by the prosecution had personal knowledge of the transactions regarding the 13 withdrawal slips. She said this shows that the core of the charges was a mixture of inferences and conjectures.
She also challenged the evidentiary value of the withdrawal slips noting that each one was a mere certified true copy on file with the Presidential Commission on Good Government (PCGG).
At the same time, she pointed out that no expert witness was presented to establish the authenticity of her supposed signature on the withdrawal slip when compared against other legitimate documents she had signed.
In denying Avelino’s motion for reconsideration, the court noted that the signatures on the 13 withdrawal slips and other bank documents compare favorably with the defendant’s signature appearing on the name “A.C. Avelino” on Journal Voucher Entry No. 10-08-08.
The Sandiganbayan clarified that it is not precluded from conducting the handwriting comparison and making its own conclusion as to similarity or dissimilarity.
“A finding of forgery does not depend entirely on the testimonies of handwriting experts, because the judge must conduct an independent examination of the questioned signature in order to arrive at a reasonable conclusion as to its authenticity,” the court said.
It also held that the prosecution was able to prove the existence and due execution of the originals of the 13 withdrawal slips.
“Even without the assailed withdrawal slips, the fact remains that withdrawals were made in the PS Bank account number 049-112000852, to which both Avelino and Maligalig were the authorized signatories,” the court added.
