Jesus Sacdalan (photo by congress.gov.ph)
Sacdalan is facing twelve counts of Malversation (Article 217 of the Revised Penal Code) and twelve counts of Violation of Sec. 3(a) of the Anti-Graft and Corrupt Practices Act (RA 3019) before the Sandiganbayan.
Records showed that Sacdalan, then provincial governor, approved the release of the government’s 2008 Calamity Fund and purchased fuel from a Shell Station in Midsayap town and Double V Petron in Kidapawan City used in the rehabilitation of San Vicente-Bulcanon Road in Makilala and Nicaan-Banisilan Road in Alamada.
Complainant Milagros Casis alleged that the amount released was far and beyond what was necessary to finish the projects indicated in the 2008 "Programs of Work for Road Projects” in the province.
She said Sacdalan used his authority as governor when he ordered her to falsify the release of the amount.
Casis, former district engineer of the province’s first district, said she was repeatedly ordered by the governor to revise the program of works covering the road project in order to hide irregularities in fuel purchases.
One such transaction was made on May 26, 2008, when 134,438.72 liters of fuel was purchased from a gas station in Midsayap town capable of storing only 16,000 liters.
The complainant alleged that when she refused to be complicit in Sacdalan’s scheme, the latter transferred her elsewhere within the provincial government of Cotabato and successfully managed to direct her replacement to finish such liquidation, reflecting figures as dictated by the former governor.
She said Sacdalan approved the release of P12-M for the Double V and P6.6-M for the Shell station.
In sum, Casis alleged that Sacdalan committed the crime of Malversation for having satisfied the requisites because he had control over the calamity fund for 2008 which should have been spent for "aid, relief, and rehabilitation services to communities or areas affected by man-made and natural calamities, repair and reconstruction of permanent structures, including other capital expenditures for pre-disaster operation, and rehabilitation activities, and calamity assistance and rehabilitation efforts for typhoon victims.”
Casis further claimed that Sacdalan paid for fuels not yet received by the provincial government, contrary to Section 338 of the Local Government Code which "prohibits payment of money on account of any contract under which no goods have been received.”
In its resolution, the anti-graft office stated that, "Since respondent Sacdalan admits that he paid for the diesel fuel on account of a contract for which no fuel had actually been delivered, any amount paid…represents the actual damage inflicted upon the province of Cotabato.” - https://www.affordablecebu.com/