Mary Ann Maslog, a suspect of a P24-Million textbook scam in 1998, attends a Senate hearing on October 8, 2024. Mark Demayo, ABS-CBN News/File

MANILA – The Sandiganbayan has denied the motion for reconsideration filed by Mary Ann Maslog over her 1998 textbook scam graft case.

Last January 28, the anti-graft found Maslog "guilty beyond reasonable doubt" and sentenced her six to 10 years of imprisonment for violating the Anti-Graft and Corrupt Practices Act.  

She  filed a motion for reconsideration on February 12 seeking reversal of the said decision. 

In a six-page resolution dated March 5, the Second Division denied Maslog's motion for reconsideration due to lack of merit.

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"In sum, the accused failed to raise any novel issue or present compelling evidence to overturn her conviction. The Court finds that her motion is mainly a mere rehash of arguments already resolved in the Decision dated January 28,2025," it said.

"Accordingly, the Court DENIES the Motion for Reconsideration for lack of merit. The Decision dated January 28,2025, finding accused Mary Ann T. Maslog guilty beyond reasonable doubt of violation of Section 3(E) of R.A. 3019, stands," the resolution further stated.

In her motion, Maslog said there was "insufficient evidence" to establish graft. 

"Accused argues that her mere association with Esteem Enterprises, without direct proof of her active participation in the alleged conspiracy, is insufficient to sustain her conviction," she argued.

"She contends that the Decision does not clearly specify her overt acts, aside from being an agent or representative of Esteem Enterprises," Maslog added.

She  said the prosecution failed to prove there was a conspiracy between her and co-accused former Department of Education, Culture and Sports (DECS) officials Emilia Aranas and Ernesto Guiang. 

However, the prosecution maintained that "there is proof beyond reasonable doubt" to establish Maslog's criminal liability.

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It said Maslog's use of multiple aliases and her attempt to fake her own death constituted consciousness of guilt.

The prosecution added that there was direct and circumstantial evidence to establish her "active role" in facilitating the fraudulent disbursement of government funds.

It refuted her claim that prosecutors failed to prove her collusion with Aranas and Guiang, citing Sub-Allotment Release Orders, her active coordination and receipt of proceeds. 

"The Prosecution emphasizes that conspiracy need not be proven by direct evidence, but may be inferred from the acts of the accused that demonstrate a common design to commit the offense," the prosecution stressed.

The anti-graft court found no compelling reason to reverse its January 28 decision.

"The accused's claim that her participation in the scheme was not sufficiently proven is untenable," it said.

The Second Division said the prosecution established Maslog played a crucial role in the scheme since she personally hand-carried and delivered the falsified Sub-AROs to the DECS Region VIII.

It cited Maslog role as representative of Esteem Enterprises, the supplier for the procurement of textbooks and other materials; as well as her facilitation of the processing and receipt of payments to the company. 

"These acts, as established through testimony and documentary evidence, demonstrate her direct participation in the conspiracy with accused Aranas and Guiang in facilitating the fraudulent disbursement of public funds," the Sandiganbayan said. 

"The evidence clearly shows that accused Maslog was not merely a passive participant, as she actively coordinated, facilitated and benefitted from the illegal scheme," it added.

The anti-graft court noted that Maslog chose to evade trial instead of addressing the allegations and presenting a "legitimate defense."

Maslog was reported dead in 2019 and even used the alias Dr. Jesica Sese Francisco. She was arrested by the National Bureau of Investigation (NBI) in September 2024 for her alleged involvement in an investment scam.

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When she faced the Sandiganbayan in January 2025, it was revealed that she was temporarily released from the NBI detention facility.

"These acts demonstrate a calculated effort to escape legal accountability, contradicting her claim of innocence. Jurisprudence has long recognized that flight, in the absence of a credible explanation is a strong indication of guilty," the Second Division said.

"The prosecution presented clear and convincing evidence that she assumed multiple aliases, jumped bail and even faked her own death to avoid prosecution. These deceptive maneuvers are not the conduct of a wrongfully accused individual but of someone full aware of her culpability," it added.  

The anti-graft court said the prosecution "successfully established" Maslog's guilt beyond reasonable doubt by proving all the elements of graft.

"Accused Maslog's deliberate role in the fraudulent scheme - from securing falsiifed documents to misrepresenting Esteem Enterprises proves intentional wrongdoing," it said.

"In sum, the accused failed to raise any novel issue or present compelling evidence to overturn her conviction," the Sandiganbayan added.