A FORMER employee of the Department of Public Works and Highways (DPWH) has been convicted by the Sandiganbayan on 20 counts of estafa and another 20 counts of violation of Section 7 (d) of RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
Defendant Edgar Agbunag pleaded guilty to all 40 charges as part of his plea bargain agreement with the prosecution rather than trial on more serious criminal charges of 20 counts of graft and 20 counts of estafa through falsification of public documents.
The cases stemmed from the discovery of numerous bogus transactions and payments relative to supposed repair works on DPWH service vehicles in 2001.
The Office of the Ombudsman filed all 40 charges with the Sandiganbayan in 2013 naming Agbunag as co-accused of DPWH project manager Nonito Fano, assistant director Florendo Arias, director Burt Favorito, and Motorpool Section chief Maximo Borje Jr., together with 12 other rank-and-file employees of the agency and private defendant Victoria Maniego Go.
Almost 10 years after being charged in court, Agbunag was finally arrested by the General Trias, Cavite PNP on January 27, 2013. At the time of his arrest, he was already 66 years old, unemployed, and unable to post the required bail bonds totaling P648,000, which was later reduced to just P40,000.
During his arraignment, the defendant pleaded not guilty but broached the possibility of a plea-bargaining deal.
On September 27, 2023, the Office of the Special Prosecutor notified the Sandiganbayan Seventh Division that the Ombudsman had approved Agbunag’s offer of a plea bargain.
During re-arraignment last October 25, 2023, Agbunag withdrew his previous plea and pleaded guilty to the lesser offenses.
For the 20 counts of violation of RA 6713, he was sentenced to one year for each charge or a total of 20 years with disqualification from holding public office.
He was also meted three months and 11 days for each count of estafa although the court ruled that the time he served after his arrest shall be credited in his favor.
On top of the jail term against Agbunag, the court also imposed civil liability amounting to P494,500 based on the 20 bogus payments for repair works that the defendant must pay to the DPWH.
Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta penned the 15-page decision with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.
