MANILA — The Sandiganbayan has sentenced former Bataan police officer Patrolman Shaolin Cabatuan to two to seven years in prison and imposed additional penalties for failing to return government-issued firearms and bulletproof vests valued at P260,000.

The anti-graft court upheld the decision of the Balanga Regional Trial Court, which convicted Cabatuan of malversation for unlawfully using government-issued equipment, including:

• One caliber 5.56 mm M16 Elisco rifle with magazine and live ammunition, valued at P37,857.14
• Two caliber 9 mm Glock 17 GEN4 pistols with magazines and ammunition, each valued at P16,659.94
• Three bulletproof vests totaling P188,994

“The accused-appellant’s actual receipt of the firearms, ammunition, and bulletproof vests, as evidenced by his signed property acknowledgment receipts and corroborated by testimonial and documentary evidence, establishes beyond reasonable doubt that he had custody, control, and accountability over the subject public properties,” the Sandiganbayan said.

Cabatuan had claimed he delayed returning the firearms out of fear for his safety, confusion over the proper recipient, and that he only surrendered them after his arrest. The court rejected these explanations as “self-serving and belated justifications.”

The Sandiganbayan said that lawful possession would have required Cabatuan to formally coordinate with superiors or document the turnover immediately. “His surrender of the firearms only after his arrest does not negate criminal liability, as subsequent return does not extinguish malversation already consummated,” it added.

The court also dismissed Cabatuan’s argument distinguishing “tactical vests” from bulletproof vests, noting that the evidence confirmed he received the items in his official capacity and raised no objections during trial.

“By deliberately taking and retaining these firearms while in hiding, the accused-appellant exercised control over government property in a manner inconsistent with his official duties, thereby constituting misappropriation,” the Sandiganbayan said.

In addition to imprisonment, Cabatuan was ordered to pay a fine equal to the value of the malversed property, P260,000, and was permanently barred from holding public office.