FOR lack of evidence, a Cebu City judge acquitted three officials of the Land Transportation Office (LTO) and two private respondents charged with graft about 13 years ago.
Lawyer Ismael Amistoso, the former LTO supervising and transportation regulation officer in Cebu City; computer evaluator Segundo Famor Jr.; cashier Nanette Kangleon and private respondents George Albos and wife Jean were found innocent by Judge Bienvenido Saniel Jr of the Regional Trial Court’s Branch 20.
They had been charged with violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
Court records show Amistoso, Famor and Kangleon were charged with graft at the Office of the Ombudsman-Visayas for allegedly issuing a genuine vehicle registration, using illegal means.
The Albos couple was implicated in the charge for allegedly duping Korean national Lee Eng Kiong, after they failed to settle about P130,400 they had borrowed from the latter in April 1997.
A car for a loan
The couple had offered their Honda Civic as collateral for a loan payable in 30 days.
The couple had also agreed to execute a deed of absolute sale, transferring the registration of the vehicle under Lee’s name in case they failed to pay the loan on time.
After LTO certified the car’s certificate of registration was authentic, Lee released the amount to the couple.
But the couple failed to pay the amount after a month and the check they issued to Lee was not honored.
When the couple did not show up anymore, Lee decided to transfer the vehicle to his name even if the vehicle was not turned over to him.
He then sought the assistance of the police traffic office to locate the car.
SPO3 Abdela Bungkalot of the Regional Traffic Management Office, after conducting an investigation, discovered the Honda Civic had been sold to a former bank employee.
It was later found out the documents the couple presented to Lee for the release of the loan were fake.
The accused LTO officials had allegedly issued the fake papers to the couple.
Further investigation also revealed the vehicle was first mortgaged by the couple to a commercial bank.
The police investigation also said Amistoso, Famor and Kangleon alleged connived to release the registration of the vehicle in Lee’s name.
But in his decision, Judge Saniel said it was not clearly established whether the accused issued a fake certificate of registration to the complainant.
Citing a Supreme Court ruling, Saniel said, “Where there is reasonable doubt as to the guilt of the accused, he must be acquitted even though his innocence may be doubted since the constitutional right to be presumed innocent until proven guilty can only be thrown by a proof beyond reasonable doubt.”