Charles Teves
The anti-graft court Sandiganbayan’s 7th division has denied the appeal of former Quezon City councilor Roderick Paulate to overturn his conviction for the hiring of ghost employees in 2010, stating that his request for review lacked merit in a decision issued on January 23rd.
“After a careful perusal of the arguments raised by the accused, the court finds no cogent reason to disturb its earlier findings,” the court said.
In November, Paulate was convicted of embezzlement and falsifying public documents for taking more than ₱1.1 million by creating false documents to hire 30 ghost employees. In his appeal, Paulate claimed that the prosecution failed to establish a direct connection between him and the fabricated documents used to hire these fictitious job contractors. He maintained that he was not aware that these workers were fake or nonexistent.
“According to the best of his personal knowledge, these job contractors exist, and they are real persons. He saw people working,” his counsel said in the appeal.
The court, however, did not agree with Paulate’s argument. It also reiterated its previous conclusion that Paulate is responsible for signing the general payrolls and certifications for services rendered without proper validation.
“Accused Paulate should not have neglected the other tasks in connection with his position, that is, delivering his promises to the constituents with utmost efficiency and integrity,” the court explained.
He is also ordered to reimburse the government approximately ₱1.2 million or the amount he is alleged to have taken with 6% interest annually until the payment is complete. The Sandiganbayan also rejected the appeal filed by Paulate’s former driver and liaison officer Vicente Bajamunde, who is accused of collecting the salaries of fake job contractors.
The Sandiganbayan previously sentenced Paulate to a maximum of 62 years in prison for embezzlement and falsifying public documents related to the hiring of “ghost” employees in 2010. In a 130-page decision issued on November 25th, but made public recently, the court’s Seventh Division found Paulate guilty of one count of violating Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act, and nine counts of falsifying public documents under Article 171 of the Revised Penal Code.
The cases against Paulate were brought by the Office of the Ombudsman in April 2018 and stem from the hiring of 30 “ghost” or fake job contractors by Paulate’s office from July to November 2010. The Ombudsman alleged that Paulate falsified job orders/contracts of service, including the signatures of the fake contractors, in order to secure funds from the city government for their salaries.
The Ombudsman also claimed that Paulate and Bajamunde created false personal data sheets and payrolls for the non-existent contractors, certifying that they had each rendered 40 hours of service per week. Using these fabricated payrolls, Paulate, through Bajamunde, was able to collect a total of P1.109 million from the City Treasurer’s Office. This represented the contractors’ salaries from July 1 to November 15, 2010.
The court stated that, while Paulate denied any involvement in the preparation of the documents and said they were only presented to him for signature, the prosecution successfully established that the documents were falsified at his instruction. The decision was written by Associate Justice Zaldy Trespeses, and concurred by Associate Justice Ma. Theresa Dolores Gomez-Estoesta and Justice Georgina Hidalgo.
Paulate could be sentenced to a minimum of 10.5 years and a maximum of 62 years in prison.
