Sandiganbayan affirms conviction of ex-GSIS official over P8-M fictitious claims | ABS-CBN
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Sandiganbayan affirms conviction of ex-GSIS official over P8-M fictitious claims
Sandiganbayan affirms conviction of ex-GSIS official over P8-M fictitious claims
The Sandiganbayan building in Quezon City, Feb. 19, 2020 Jonathan Cellona, ABS-CBN News/File
The Sandiganbayan building in Quezon City, Feb. 19, 2020 Jonathan Cellona, ABS-CBN News/File MANILA – The Sandiganbayan has upheld the conviction of a former Government Insurance System (GSIS) official for malversation and graft over P8 million worth of fictitious claims.
MANILA – The Sandiganbayan has upheld the conviction of a former Government Insurance System (GSIS) official for malversation and graft over P8 million worth of fictitious claims.
The anti-graft court affirmed the decision of the Bayombong, Nueva Vizcaya Regional Trial Court Branch 27 finding GSIS Bayombong branch manager Ana Maria Fangon Fedelis guilty beyond reasonable doubt for misappropriating and obtaining P8,129,825 from fictitious EduChild Policy claims.
The anti-graft court affirmed the decision of the Bayombong, Nueva Vizcaya Regional Trial Court Branch 27 finding GSIS Bayombong branch manager Ana Maria Fangon Fedelis guilty beyond reasonable doubt for misappropriating and obtaining P8,129,825 from fictitious EduChild Policy claims.
Fedelis created, processed and approved the payment of fictitious claims involving eight EduChild plans belonging to six policyholders and credited it to her Union Bank account.
Fedelis created, processed and approved the payment of fictitious claims involving eight EduChild plans belonging to six policyholders and credited it to her Union Bank account.
EduChild is a "GSIS loan facility specifically created by the GSIS to help its members provide college education benefits for their children/and or designated beneficiaries to defray cost of tuition fees and miscellaneous expenses."
EduChild is a "GSIS loan facility specifically created by the GSIS to help its members provide college education benefits for their children/and or designated beneficiaries to defray cost of tuition fees and miscellaneous expenses."
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In a 37-page resolution promulgated on December 17,2024 and released this month, the Seventh Division said it stood by the ruling of the Nueva Vizcaya court.
In a 37-page resolution promulgated on December 17,2024 and released this month, the Seventh Division said it stood by the ruling of the Nueva Vizcaya court.
"After a judicious review of the records of these cases as well as the testimonial and pieces of documentary evidence presented, the court holds that the [Nueva Vizcaya] RTC Branch 27 is correct in ruling that the prosecution was able to prove the guilt of accused-appellant Fedelis beyond reasonable doubt," it said.
"After a judicious review of the records of these cases as well as the testimonial and pieces of documentary evidence presented, the court holds that the [Nueva Vizcaya] RTC Branch 27 is correct in ruling that the prosecution was able to prove the guilt of accused-appellant Fedelis beyond reasonable doubt," it said.
"In convicting accused-appellant Fedelis, RTC Br. 27 observed that she explicitly admitted that she appropriated, took or misappropriated the funds allotted to the EduChild loan facility," the anti-graft court added.
"In convicting accused-appellant Fedelis, RTC Br. 27 observed that she explicitly admitted that she appropriated, took or misappropriated the funds allotted to the EduChild loan facility," the anti-graft court added.
The Seventh Division agreed with the Nueva Vizcaya's court which found that Fedelis "acted with evident bad faith when she executed her fraudulent scheme."
The Seventh Division agreed with the Nueva Vizcaya's court which found that Fedelis "acted with evident bad faith when she executed her fraudulent scheme."
In her testimony and in cross examination, Fedelis admitted withdrawing the P8 million after the money went to her personal bank account.
In her testimony and in cross examination, Fedelis admitted withdrawing the P8 million after the money went to her personal bank account.
"Further, there was no showing that she made a mistake when she uttered these admissions in open court. In fact, she did it on her own free will. This being so, there is no reason for this court to consider the same in upholding the ruling of RTC Br. 27," the Sandiganbayan said.
"Further, there was no showing that she made a mistake when she uttered these admissions in open court. In fact, she did it on her own free will. This being so, there is no reason for this court to consider the same in upholding the ruling of RTC Br. 27," the Sandiganbayan said.
"As already discussed, and as correctly pointed out by the RTC Br. 27, her guilt was made more apparent because of her admission in open court that she processed loans although no applications were filed. Thereafter, as she claimed, proceeds of the loans were deposited to her own personal account and she even withdrew the same," it added.
"As already discussed, and as correctly pointed out by the RTC Br. 27, her guilt was made more apparent because of her admission in open court that she processed loans although no applications were filed. Thereafter, as she claimed, proceeds of the loans were deposited to her own personal account and she even withdrew the same," it added.
The anti-graft court said all her acts constituted a violation of Section 59.1 of the Implementing Rules and Regulations of Republic Act No. 8291 or the GSIS Act of 1997.
The anti-graft court said all her acts constituted a violation of Section 59.1 of the Implementing Rules and Regulations of Republic Act No. 8291 or the GSIS Act of 1997.
Records showed that Fedelis was able to create and process 661 claims under the eight EduChild policies belonging to six policy holders from February 2016 to January 2017 despite them not filing applications.
Records showed that Fedelis was able to create and process 661 claims under the eight EduChild policies belonging to six policy holders from February 2016 to January 2017 despite them not filing applications.
"Despite having been given the opportunity to rebut these allegations, she focused her defense on the bare denial of any criminal liability and anchored her defense on the fact that she did not compel the authorized processor to disclose the latter’s ID and password," it said.
"Despite having been given the opportunity to rebut these allegations, she focused her defense on the bare denial of any criminal liability and anchored her defense on the fact that she did not compel the authorized processor to disclose the latter’s ID and password," it said.
The anti-graft court did not give weight to the argument of Fedelis that she did not compel or force GSIS claims processor Honeylet Lannu to give her credentials.
The anti-graft court did not give weight to the argument of Fedelis that she did not compel or force GSIS claims processor Honeylet Lannu to give her credentials.
"A plain reading of the elements of the crime of Violation of Section 9 par (n) of RA No. 8484 does not require compulsion or coercion to obtain a password that legally belongs to another. It is sufficient that the password belongs to another and without the latter's consent was used to obtain money, goods, services, or any other thing of value or to initiate a transfer of funds to the prejudice of GSIS," it said.
"A plain reading of the elements of the crime of Violation of Section 9 par (n) of RA No. 8484 does not require compulsion or coercion to obtain a password that legally belongs to another. It is sufficient that the password belongs to another and without the latter's consent was used to obtain money, goods, services, or any other thing of value or to initiate a transfer of funds to the prejudice of GSIS," it said.
During trial, it was found that Fedelis only returned P1,168,000 to GSIS with an intention to return more but she no longer has a source of income.
During trial, it was found that Fedelis only returned P1,168,000 to GSIS with an intention to return more but she no longer has a source of income.
The anti-graft court did not agree with the argument of Fedelis that her liability was converted from a criminal offense to civil when she settled the amount.
The anti-graft court did not agree with the argument of Fedelis that her liability was converted from a criminal offense to civil when she settled the amount.
"When accused-appellant Fedelis misappropriated the proceeds of the EduChild loan, die money that is supposed to be utilized for education purposes was effectively converted to feed her personal gain. To the mind of the court, this is the inconvenience constitutive of undue injury," it said.
"When accused-appellant Fedelis misappropriated the proceeds of the EduChild loan, die money that is supposed to be utilized for education purposes was effectively converted to feed her personal gain. To the mind of the court, this is the inconvenience constitutive of undue injury," it said.
Fedelis was sentenced to eight to 12 years imprisonment for malversation of public funds. The court considered the P1.16 million she returned in modifying the 12 to 14 years of jail time originally imposed by the Nueva Vizcaya court.
Fedelis was sentenced to eight to 12 years imprisonment for malversation of public funds. The court considered the P1.16 million she returned in modifying the 12 to 14 years of jail time originally imposed by the Nueva Vizcaya court.
The Seventh Division amended the penalty against Fedelis for malversation to an indeterminate penalty of eight years and one day of prision mayor as minimum and 12 years and one day of reclusion temporal as maximum.
The Seventh Division amended the penalty against Fedelis for malversation to an indeterminate penalty of eight years and one day of prision mayor as minimum and 12 years and one day of reclusion temporal as maximum.
The anti-graft court likewise ordered Fedelis to pay a fine of P6,961,825.00 with 6 percent legal interest per year from "the finality of the decision until full satisfaction."
The anti-graft court likewise ordered Fedelis to pay a fine of P6,961,825.00 with 6 percent legal interest per year from "the finality of the decision until full satisfaction."
Fedelis was also perpetually disqualified from holding public office.
Fedelis was also perpetually disqualified from holding public office.
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