Former Milagros Mayor Natividad Isabel Revil Magbalon of Masbate has been found guilty by the Sandiganbayan Sixth Division of usurpation of official functions due to the unlawful appointment of a Sangguniang Bayan member back in 2007.

Magbalon was convicted for violating Article 177 of the Revised Penal Code, also known as Usurpation of Official Functions, and has been sentenced to six months of arresto mayor in its maximum period as minimum to two years, 11 months and 10 days of prision correccional in its medium period as maximum. She was also suspended from public office.
 
On July 19, 2007, Magbalon usurped the function of the governor of Masbate by appointing Gregorio de Jesus as Sangguniang Bayan member of Milagros despite her knowledge that she was not entitled to such power. According to Section 45(a) of R.A. 7169 or the Local Government Code, such power belongs to the provincial governor.
 
During the trial, Magbalon claimed that she acted in good faith when she appointed de Jesus. She added that majority of the Sangguniang Bayan members likewise recommended his appointment.
 
However, the anti-graft court ruled that she appointed de Jesus under the pretense that she had authority to do so.
 
"Magbalon was not honestly motivated in appointing G. de Jesus as Sangguniang Bayan member because she knew that she had no authority to make such appointment," the decision read.
 
"She was likewise not free from knowledge of circumstances which ought to put her upon inquiry on the validity of the said appointment as she was previously advised by the Local Government Officer in their municipality that the proper authority to fill up the permanent vacancy in the sanggunian is the governor of Masbate," it added.
 
Even if Magbalon argued that she simply relied on the recommendation of majority of the Sangguniang Bayan members, the anti-graft court said her intention was "misplaced."
 
As the mayor of Milagros, Magbalon was expected to exercise due diligence in the performance of her duties.
 
The 17-page decision was written by Associate Justice Karl Miranda with the concurrence of Sixth Division Chairperson Sarah Jane Fernandez and Associate Justice Michael Frederick Musngi.