By Philippine News Agency
The anti-graft court Sandiganbayan has convicted a public prosecutor in Dagupan City for demanding and receiving bribe money in the amount of P20,000 from a respondent who had pending cases before his office in 2005.
In a 30-page decision penned by Associate Justice Maria Cristina Cornejo, the Sandiganbayan Fourth Division found Assistant Prosecutor Joselito Barrozo guilty for direct bribery and sentenced him to imprisonment of from four years to nine years, four months and one day.
Barrozo, who shall also suffer the penalty of special temporary disqualification, was also ordered to pay a fine of P60,000.
Associate Justices Gregory Ong and Jose Hernandez both concurred with the decision.
Records of the case showed that on Feb, 14, 2005, Barrozo was arrested in an entrapment operation conducted by the National Bureau of Investigation (NBI) arising from a complaint filed by a certain Jennie Valeriano.
The anti-graft court gave weight to the testimony of NBI special investigator Gideon Elfred Alidem Cauton, agent Levi Omar Orille, special investigator Richard De Guzman and Narlito Orhel, who testified that Barrozo was caught red-handed in an entrapment operation.
The pay-off took place at the parking area beside the Dagupan City Hall of Justice.
During the conversation between Valeriano and Barrozo, the former put the money inside the left pocket of the latter’s pants without reaction from him.
Valeriano gave the pre-arranged signal and the NBI agents approached Barrozo.
Seized inside the Honda Civic car between the driver’s seat and the passenger’s seat was the P1,000 marked money with the other 19 pieces of P1,000 dusted boodle money.
Records showed that Valeriano was the respondent in cases of several counts of estafa and bouncing checks pending before Barrozo’s office.
The estafa cases were dismissed and Barrozo demanded from Valeriano the said amount as his fee in resolving them in favor of the respondent.
The Sandiganbayan sustained the credibility of the prosecution’s version led by Assistant Special Prosecutor III James Abugan which found that the elements of the crime of direct bribery were established.
“Accused Barrozo accepted the money given to him by Valeriano under obviously suspicious circumstances. The money, as categorically stated by the giver (Valeriano) was given to and received by Barrozo in consideration of the dismissal of the cases which were the subject of preliminary investigation conducted by Barrozo,†the decision said.
The decision further said that “Barrozo’s act did not constitute a crime but was unjust as it was executed without regard to the evidence but simply in consideration of the amount demanded and received by him. Hence, the dismissal of the cases was connected with the performance of the official duties of Barrozo as public prosecutor.†(PNA)
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