Sandigan upholds conviction of ex-Benguet cashier
The Sandiganbayan has affirmed the conviction of a former cashier of the province of Benguet for alleged malversation committed during the late 1990s.
In a 36-page decision dated Dec. 20, the antigraft court’s Fifth Division said there was no reason for it to “disturb” the earlier ruling by the La Trinidad, Benguet Regional Trial Court (RTC) Branch 10 that found Esther Pagano guilty beyond reasonable doubt of 12 counts of malversation.
The Sandiganbayan made it clear that courts are “not generally inclined” to review the findings by a trial court unless these findings were erroneous, absurd, speculative, conjectural, conflicting or tainted with grave abuse of discretion.
It also emphasized in its decision that any appellate court for that matter will no longer disturb the factual findings of a lower court, saying the latter is in a “better position” to decide on the credibility of witnesses presented during a certain case’s series of trials.
The Sandiganbayan denied Pagano’s appeal for lack of merit, affirming the Benguet RTC’s joint decision promulgated last Feb. 28. INQ
