Saturday, March 29, 2008 Prosecutor convicted of bribery
MANILA Assistant Prosecutor Jose Daguman was sentenced last Friday by the Sandiganbayan to a jail term of up to two years after finding him guilty of direct bribery.
Daguman was also ordered to pay a fine of P10,000 and to suffer special temporary disqualification.
In a decision, the Sandiganbayan held that the prosecution has sufficiently established through evidence that he demanded and received P6,000 in exchange for the dismissal of a robbery case, which was earlier filed in court upon his recommendation.
The decision was written by Associate Justice Rodolfo Ponferrada and concurred in by Associate Justices Diosdado Peralta and Alexander Gesmundo of the anti-graft court's First Division.
The court gave credence to the "positive and categorical testimonies" of prosecution witnesses National Bureau of Investigation (NBI) agents Julma Dapilos and Antonio Suarez that Daguman was caught and arrested while receiving marked money during an entrapment operation held on May 5, 1999 at the Manila City Hall.
It also noted the "detailed testimonies" of NBI forensic chemist Juliet Mahilum and complainant Estrella Garame, who had sought the assistance of the defunct Presidential Anti-Organized Crime Task Force (PAOCTF), which thereafter referred her to the NBI.
"There is no reason to doubt the veracity of the testimonies of said witnesses as no ulterior motive was shown by the accused that these NBI agents were actuated by the ulterior motive when they conducted the entrapment operation against him and the subsequent ultraviolet examinations," the court said.
"It is settled that where there is no evidence to indicate that the prosecution witnesses were actuated by improper motive, the presumption is that they were not so actuated and their testimonies are entitled to full faith and credit," it added.
Court records revealed that on April 30, 1999, Daguman demanded from the complainant the amount of P6,000 in exchange for the release of her husband from detention but she was only able to give to the accused the amount of P3,000 as partial payment.
Garame and Daguman agreed to meet for the delivery of the balance on May 2, but they actually met on May 4 at which no money was delivered.
It was agreed, however, that they would meet again on the next day, May 5, for the delivery of the balance.
Hence, on that day, Garame met with the NBI agents, who briefed her for an entrapment operation against the accused.
In the plan, Dapilos would go with the complainant inside the office of Daguman and pose as her aunt, while the rest would stand by in the corridors just outside the office of the prosecutor.
Suarez then provided the complainant with two pieces of P1,000 bills in a white envelope that were dusted with fluorescent powder that she would give to the accused as payoff money.
After the briefing, Suarez and his team together with the complainant proceeded to the office of the accused at the Manila City Hall.
As planned, the entrapment operation was conducted and Daguman was arrested and brought to the NBI for interrogation and forensic examination. (Sunnex)
