The Sandiganbayan has acquitted a former Cebu City barangay treasurer of graft over P4.6 million in alleged audit irregularities, ruling that prosecutors failed to clearly establish how the offense was committed.
His separate conviction for malversation of public funds, however, remains in force.
In a 45-page decision promulgated on July 7, the anti-graft court’s Fourth Division reversed the Sept. 12, 2024 ruling of the Cebu City Regional Trial Court Branch 74 that found Christopher Cacanindin, former treasurer of Barangay San Antonio, guilty of violating the Anti-Graft and Corrupt Practices Act.
The division is chaired by Associate Justice Arthur Malabaguio.
The graft case stemmed from a Commission on Audit report that found a P4,621,847.63 shortage in Cacanindin’s accountabilities arising from undeposited collections and unliquidated cash advances during his tenure from 2013 to 2019.
During the trial, Cacanindin admitted that he could not fully explain the discrepancies identified in the COA cash examination report. He maintained that all required supporting documents had been submitted to state auditors.
The trial court rejected his disbursement vouchers, payroll records, and other evidence, saying they failed to account for the missing funds.
On appeal, the Sandiganbayan ruled that the RTC failed to specify whether Cacanindin acted with evident bad faith or gross inexcusable negligence—an essential element of a conviction under the anti-graft law.
The court stressed that criminal liability must be proven beyond reasonable doubt and said an acquittal was warranted when a conviction rested on insufficient legal findings.
The Sandiganbayan clarified that Cacanindin’s separate malversation conviction was not part of the appeal and therefore remains valid.
He continues to serve a prison sentence of up to 18 years for malversation.