Sandigan OKs probation of Antique court clerk

The Sandiganbayan has allowed a clerk of court in San Jose, Antique to undergo probation instead of spending time in prison for conniving with a former judge to withdraw money from the judicial trust fund.

In a resolution promulgated on Nov. 18, the court’s Fifth Division said the application for probation of Jingkey Nolasco, special deputy clerk of San Jose Municipal Trial Court, should be given due course as she was qualified under Presidential Decree 968 or the Probation Law.

The law provides that an accused may qualify for probation if his conviction was not for a crime against national security, and if there was no proof that he was previously convicted or granted probation.

The anti-graft court said the Office of the Ombudsman did not object to Nolasco’s application for probation.

The resolution did not specify the length of time of

Nolasco’s probation.

Instead, the court ordered Nolasco to pay a fine amounting to P87,800, which was imposed by the court during her conviction on Aug. 30.

Nolasco was directed to immediately report to the Probation and Parole Office of Antique upon receipt of the resolution.

The probation office was ordered to evaluate and submit a report to the court within 60 days, which would serve as a guide for the appropriate probation program for Nolasco.

In its decision, the Sandiganbayan found retired MTC judge Ma. Monina Misajon and Nolasco guilty of two counts each of malversation of public funds as provided under Article 217 of the Revised Penal Code.

Citing her old age, the court sentenced Misajon from two to six years in prison. Nolasco was sentenced from two up to 12 years in prison.

The court also disqualification them from holding public office.