Sandigan denies bail for ‘undead’ businesswoman in textbook scam

MANILA, Philippines — For faking her own death, assuming false identities and repeatedly fleeing from authorities, the anti-graft court Sandiganbayan maintained that businesswoman Mary Ann Tupa Maslog, who also goes by the name Jesica Sese Francisco, must remain in detention despite facing a bailable offense of graft in connection with the P24-million textbook scam in 1998.

In a minute resolution dated Dec. 19, 2024 but was released only yesterday, the court’s Second Division has upheld its Dec. 6 ruling denying Maslog’s motion to lift the bench warrant against her and instead be allowed to post bail for her case of violation of Section 3 (e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.

The Second Division said that while Maslog is facing a bailable offense, an accused’s right to bail “is not absolute.”

“While the right to bail is constitutionally guaranteed under Article III, Section 13 of the Constitution, it is not absolute... the accused-movant Mary Ann Maslog’s repeated acts of evasion, including jumping bail, using multiple aliases and fleeing abroad, demonstrate a blatant disregard for the judicial process and a high likelihood of flight if she resisted,” the Second Division’s resolution read.

Filed by the Office of the Ombudsman in 2008, the graft case stemmed from the Department of Education Culture and Sports (now Department of Education)’s release of payments totaling P24 million to Esteem Enterprises – represented by Maslog – in February 1998, for its supposed delivery of textbooks and other printed learning materials to DECS Region 8.

The ombudsman said the payment was released in two tranches using two falsified Sub-Allotment Release Orders supposedly issued by the Department of Budget and Management to make it appear that there were fund allocations for the purchase. The DBM denied allocating any budget for the project.

In its decision on Oct. 16, 2020, the Second Division found former DECS Region 8 (Eastern Visayas) chief accountant Emilia Aranas and chief budget and finance officer Ernesto Guiang guilty of the charged crime.

They were sentenced to six up to 10 years of imprisonment and were ordered perpetually disqualified