MANILA - Former Sampaloc, Quezon mayor Samson Delgado was sentenced to imprisonment of 1 month and one day to 20 months in connection with a P250,000 loan from a lending company.
In a decision promulgated May 29, 2018, the Sandiganbayan 2nd Division found Delgado guilty of estafa under Article 315 of the Revised Penal Code.
Delgado was charged by the Office of the Ombudsman of receiving P250,000 from Seaway Lending Corporation in 1998 as authorized by the municipal council.
The loan which was supposed to be used for a housing project was instead converted “to his own personal use and benefit, to the damage and prejudice of the municipality of Sampaloc, Quezon, in the amount of P250,000.”
During the trial, government prosecutors presented evidence that Delgado was the one who received the proceeds of the loan and he failed to turn over the check to the municipal treasury.
“With the prosecution having thus hurdled its primordial duty of establishing the elements of the felony, the court is left with no other verdict than conviction,” the court said in its decision penned by 2nd Division Chairperson Oscar Herrera, with the concurrence of Associate Justices Michael Frederick Musngi and Lorifel Pahimna.
In his defense, the former mayor said he may have lost the P250,000 check from Seaway.
“Although the accused instinctively harps on the apparent loss of the check that was supposed to be returned to Seaway Lending as drawer, the failure of the prosecution to take custody of and to present the same as evidence still fails to maim the prosecution’s cause in light of the foregoing evidence,” the court said.
The court also ordered Delgado to pay Seaway P250,000 plus interest.
“Undeniably, such nonfeasance of Delgado has resulted in the two-pronged prejudice against both the municipality as the intended debtor and Seaway Lending Inc. as the unpaid creditor,” the court said.