In a 26-page decision promulgated on March 5, the Fifth Division denied the appeal of Prize Payment Division officer-in-charge Angelica Fajardo for "lack of merit," and ruled to affirm the sentence meted against her by the Quezon City Regional Trial Court for malversation of public funds.

The Sandiganbayan, nonetheless, amended her prison sentence between six to 10 years from the original RTC ruling of 13 to 19 years.

On November 13, 2008, Fajardo allegedly misappropriated P1.88 million out of the P3 million cash advance given to her as payment for sweepstakes and low-tier lotto prizes, and for PSCO Scratch It winning tickets.

There was also a delay in the replenishment of the Teller and Provincial District Office's Prize fund based on two spot audits on November 13, 2008 and January 8, 2009.

A few days later, the audit team issued a letter to Fajardo demanding her to restore the missing fund and explain the shortage.

Fajardo admitted her liability in a letter dated January 27. She explained that she spent the funds to support the education and other needs of her five children, being a single parent.

In her appeal, Fajardo moved for the Sandiganbayan to strike out the letter as evidence against her since it violates her right against self-incrimination.

The Sandiganbayan denied Fajardo's appeal, saying the letter she submitted was voluntary on her part, therefore negating her claim that her rights were violated.

The Sandiganbayan also refused to believe Fajardo on her arguments that the funds were stolen by a certain Oscar Lector from the PCSCO vault.

The anti-graft court said Fajardo should have filed a complaint against Lector. It, however, said the testimony of witness Eric Florendo that the vault was open with lights turned off does not prove robbery.

The Sandiganbayan concluded that Fajardo was "rightfully found guilty" by the RTC due to her failure to rebut the evidence against her.

"For accused-appelant's failure to adequately explain the location of the public funds under her custody or control in order to rebut the presumption that she has appropriated or misappropriated her herself the missing funds, accused-appellant should be rightfully found guilty beyong reasonable doubt of the crime of malversation of public funds," the decision read.

Division chairperson Associate Justice Rafael Lagos penned the decision, with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann Corpus-Manalac.