Sandiganbayan sentences retired AFP general with 216 years imprisonment for graft, falsification

  • A former AFP retirement fund head was sentenced by the Sandiganbayan to 216 years imprisonment
  • Retired Brigadier General Jose Ramiscal jr. has been found guilty of graft and falsification over the sale of 12 lots in Gen. Santos City 21 years ago
  • He was former president of the defunct Armed Forces of the Philippines-Retirement and Separation Benefit System (AFP-RSBS)

The Sandiganbayan has sentenced a retired Armed Forces of the Philippines (AFP) general to 216 years imprisonment after being found guilty of graft and falsification over the sale of 12 lots in General Santos City 21 years ago.

Retired Brigadier General Jose Ramiscal jr., former president of the defunct AFP-RSBS, was found guilty of 12 each of graft and falsification of public documents.

The Sandiganbayan also perpetually barred the retired general from holding public office.

Private respondent Nilo Flaviano, who served as the lawyer for the lot owners, was also given the same prison sentence.

Ramiscal and the late AFP-RSBS project director Wilfredo Pabalan caused the acquisition of the 12 lots for the development of a housing project and a marina complex through a bilateral deed of absolute sale and two agreements.

But Office of the Ombudsman investigators found another set of unilateral deeds of sale existed before the acquisition which resulted in the lower payment of capital gains and documentary stamp taxes causing P3,000,000 worth of undue injury to the government.

Citing a Supreme Court decision, the Sandiganbayan said the sale of the lots were declared as null and void when these were acquired without any land titles.

It caused the cancellation of transfer certificates of title (TCT) and surrender of its ownership to the state.

Ramiscal and his co-accused failed to pay the correct amount of taxes based on gross selling price.

“From the foregoing, the obvious intention was to be able to transfer the title of the subject properties from the sellers to the AFP-RSBS without paying the proper taxes due, and the considerable discrepancy in the selling prices corresponded to the amount that should have been paid to the government in taxes but never made it there,” the decision read.

The Sandiganbayan acquitted the late Pabalan from the case by reason of his death.