Ex-Davao del Sur Mayor convicted over firecracker sale permit
Published Sep 21, 2018 12:20 pm
By Czarina Nicole Ong
Former Bansalan Mayor Edwin Granada Reyes of Davao del Sur has been convicted by the Sandiganbayan Special Seventh Division of graft for issuing a mayor's permit for the sale of firecrackers even though it was not allowed.
(MANILA BULLETIN)
Reyes has been found guilty beyond reasonable doubt of violating Section 3(e) of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act, and sentenced to an indeterminate penalty of imprisonment of six years and one month as minimum and 10 years as
maximum.
He was convicted alongside business permits and licensing officer Rita Domingo and Bansalan chief of police PSupt. Solomon De Castilla.
It was on December 14, 2009 when Reyes issued the permit allowing the sale of firecrackers in the Bansalan Public Market. Sadly, an accident took place on December 27 when the fireworks were ignited by a cigarette butt. This caused a roaring fire, which consumed Building No. 2 of the market, including nearby stalls.
A complaint was filed against Reyes for issuing the permit, despite the standing prohibition made by Municipal Ordinance No. 357 back in 2005 against the sale of firecrackers or "pabuto" in Bisaya within the premises of the buildings of the public market.
The Sandiganbayan ruled that the issuance of the Mayor's Permit, as well as the orders of Municipal Ordinance No. 357, "apparently clashed." And while the ordinance does not prohibit the display and sale of firecrackers, there were regulations set in place.
In particular, the ordinance allowed the display and sale of firecrackers within the premises of Estrella Bridge through Lily Street, not the public market.
At first, there was no strong link that De Castilla and Domingo acted in conspiracy when they signed the permit. They claimed they only attached their names in the permit as part of the recommendation process.
However, written in bold letters in the permit is that the selling of firecrackers was to be allowed "at public market, Bansalan, Davao del Sur." For the court, this was a "blatant flaw beneath the facade" that the two of them seemingly performed their duty.
"This permit should have alerted to withhold their recommendation for approval because it was a flagrant violation of Municipal Ordinance No. 357," the decision read. "Surprisingly, accused De Castilla and Domingo appeared to be nonchalant on this clause as neither of them bothered to recommend a disapproval on the specified place of intended business operation."
And since this was further approved by Reyes, the court said this manifested their intent to cause the issuance of the permit in favor of the applicants.
"Checks and balances are inherent in a republican form of government. It is for this reason that the power of municipal mayors to issue business licenses and permits was tempered with the power of the sangguniang bayan to enact ordinances to regulate any business within the municipality and the attendant conditions which attaches to the license or permit," the decision read.
(MANILA BULLETIN)
Reyes has been found guilty beyond reasonable doubt of violating Section 3(e) of Republic Act 3019, also known as the Anti-Graft and Corrupt Practices Act, and sentenced to an indeterminate penalty of imprisonment of six years and one month as minimum and 10 years as
maximum.
He was convicted alongside business permits and licensing officer Rita Domingo and Bansalan chief of police PSupt. Solomon De Castilla.
It was on December 14, 2009 when Reyes issued the permit allowing the sale of firecrackers in the Bansalan Public Market. Sadly, an accident took place on December 27 when the fireworks were ignited by a cigarette butt. This caused a roaring fire, which consumed Building No. 2 of the market, including nearby stalls.
A complaint was filed against Reyes for issuing the permit, despite the standing prohibition made by Municipal Ordinance No. 357 back in 2005 against the sale of firecrackers or "pabuto" in Bisaya within the premises of the buildings of the public market.
The Sandiganbayan ruled that the issuance of the Mayor's Permit, as well as the orders of Municipal Ordinance No. 357, "apparently clashed." And while the ordinance does not prohibit the display and sale of firecrackers, there were regulations set in place.
In particular, the ordinance allowed the display and sale of firecrackers within the premises of Estrella Bridge through Lily Street, not the public market.
At first, there was no strong link that De Castilla and Domingo acted in conspiracy when they signed the permit. They claimed they only attached their names in the permit as part of the recommendation process.
However, written in bold letters in the permit is that the selling of firecrackers was to be allowed "at public market, Bansalan, Davao del Sur." For the court, this was a "blatant flaw beneath the facade" that the two of them seemingly performed their duty.
"This permit should have alerted to withhold their recommendation for approval because it was a flagrant violation of Municipal Ordinance No. 357," the decision read. "Surprisingly, accused De Castilla and Domingo appeared to be nonchalant on this clause as neither of them bothered to recommend a disapproval on the specified place of intended business operation."
And since this was further approved by Reyes, the court said this manifested their intent to cause the issuance of the permit in favor of the applicants.
"Checks and balances are inherent in a republican form of government. It is for this reason that the power of municipal mayors to issue business licenses and permits was tempered with the power of the sangguniang bayan to enact ordinances to regulate any business within the municipality and the attendant conditions which attaches to the license or permit," the decision read.