The Sandiganbayan has granted prosecutors’ bid to present accused-turned-witness Constante Cabitac to testify against his co-defendants, father and son, Edgardo Zaragoza and Zuriel, both former mayors of Narvacan, Ilocos Sur, for their graft and malversation charges involving P81 million in 2016.
In a 27-page resolution promulgated on 18 August, the anti-graft court’s Second Division discharged Cabitac as an accused to be a witness for the state in the instant case against Zaragoza’s and two others, granting the prosecution’s motion to discharge.
To recall, the Sandiganbayan last May junked the same motion filed by the prosecution, saying it found no cogent reason to grant the plea.
The Zaragozas, Cabitac, and municipal accountant Melody Cadacio and education research assistant Mario Cabinte were sued by Narvacan’s incumbent mayor, Luis Singson, for allegedly misappropriating P81 million that the municipality earned as a part of the excise tax on locally manufactured cigarettes.
The sum was intended for the Federation of Farmers of Narvacan, Ilocos Sur.
They were charged with malversation of public funds and violating the Anti-Graft and Corrupt Practices Act (RA 3019).
Cabitac, the president of the Narvacan Farmers Association, who was previously allowed to testify, disclosed that he was forced to encash checks more than 10 times, including a P35 million check in exchange for grocery allowance, that resulted in the alleged misappropriation of P81 million in public funds.
In granting the prosecution’s motion, the Sandiganbayan said there was “absolute necessity” for the testimony of Cabitac.
“The Court finds merit in the prosecution’s assertion that there is an absolute necessity to utilize accused Cabitac as witness for the State,” the court said.
“Cabitac’s testimony shows first-hand knowledge and direct participation in the misappropriation of funds, although according to him, it was upon the instruction of accused Zuriel Zaragoza, who was the mayor at that time,” it added.
Moreover, the Sandiganbayan ruled that nobody appears to be in a better position to testify on the case than Cabitac, president of the farmers federation, to which said funds were issued.
“Accused Cabitac’s testimony would supply the necessary evidence to link accused Zaragozas, Cadacio, and Cabinte to the offenses charged,” it said.