Sandiganbayan convicts ex-PCGG chair for graft
Published Jan 13, 2020 12:00 am
By Czarina Nicole Ong-Ki
Former Presidential Commission on Good Government (PCGG) Chairperson Camilo L. Sabio has been found guilty of graft by the Sandiganbayan Special Fourth Division in one of his two graft charges for trying to influence his brother, a Court of Appeals (CA) justice, to rule in favor of the Government Service Insurance System (GSIS).
Sandiganbayan (MANILA BULLETIN)
He was sentenced to suffer the indeterminate penalty of imprisonment of six years and one month as minimum up to 10 years as maximum, with perpetual disqualification from holding public office. Meanwhile, he was acquitted of his other graft charge due to the failure of the prosecution to prove his guilt beyond reasonable doubt.
Sabio was initially slapped with two counts of violation of Section 3(a) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act. On May 30, 2008, he was accused of being influenced by lawyer Jesus Santos, another public officer, to persuade his brother, Justice Jose L. Sabio Jr., to help the GSIS in a case filed against it by electric power company MERALCO, that was pending before the 9th Division of the CA where Justice Sabio is the Chairperson.
In its ruling, the anti-graft court established that Sabio indeed allowed himself to be persuaded by Santos when he called his brother. Sabio himself admitted this in his signed testimony.
"As we were leaving the airport, I again got in touch with Justice Sabio. After he confirmed that he was in fact in the division to which the petition of MERALCO had been raffled, I impressed upon him the character and essence of the controversy," the signed testimony read. "I asked him to help GSIS if the legal situation permitted."
The court said because of the phone call, Sabio violated Canon 13 of the Code of Professional Responsibility for Lawyers.
For his second graft charge, the prosecution wanted Sabio to be held liable for unlawfully persuading, inducing, or influencing Justice Sabio to violate Canons 1, 4, and 5 of the New Code of Judicial Conduct.
But Justice Sabio was not swayed by his brother's call, and said he will decide according to his conscience.
In the end, Justice Sabio, together with two other Associate Justices of the CA's 9th Division, decided to grant the temporary restraining order (TRO) of MERALCO against the Securities and Exchange Commission (SEC) and GSIS.
"This inaction on the part of Justice Sabio negates the presence of the second element ," the court explained.
The 15-page decision was written by Associate Justice Reynaldo Cruz with the concurrence of Associate Justices Bayani Jacinto and Kevin Narce Vivero. Fourth Division Chairperson Alex Quiroz and First Division Chairperson Efren Dela Cruz offered dissenting opinions.
Sandiganbayan (MANILA BULLETIN)
He was sentenced to suffer the indeterminate penalty of imprisonment of six years and one month as minimum up to 10 years as maximum, with perpetual disqualification from holding public office. Meanwhile, he was acquitted of his other graft charge due to the failure of the prosecution to prove his guilt beyond reasonable doubt.
Sabio was initially slapped with two counts of violation of Section 3(a) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act. On May 30, 2008, he was accused of being influenced by lawyer Jesus Santos, another public officer, to persuade his brother, Justice Jose L. Sabio Jr., to help the GSIS in a case filed against it by electric power company MERALCO, that was pending before the 9th Division of the CA where Justice Sabio is the Chairperson.
In its ruling, the anti-graft court established that Sabio indeed allowed himself to be persuaded by Santos when he called his brother. Sabio himself admitted this in his signed testimony.
"As we were leaving the airport, I again got in touch with Justice Sabio. After he confirmed that he was in fact in the division to which the petition of MERALCO had been raffled, I impressed upon him the character and essence of the controversy," the signed testimony read. "I asked him to help GSIS if the legal situation permitted."
The court said because of the phone call, Sabio violated Canon 13 of the Code of Professional Responsibility for Lawyers.
For his second graft charge, the prosecution wanted Sabio to be held liable for unlawfully persuading, inducing, or influencing Justice Sabio to violate Canons 1, 4, and 5 of the New Code of Judicial Conduct.
But Justice Sabio was not swayed by his brother's call, and said he will decide according to his conscience.
In the end, Justice Sabio, together with two other Associate Justices of the CA's 9th Division, decided to grant the temporary restraining order (TRO) of MERALCO against the Securities and Exchange Commission (SEC) and GSIS.
"This inaction on the part of Justice Sabio negates the presence of the second element ," the court explained.
The 15-page decision was written by Associate Justice Reynaldo Cruz with the concurrence of Associate Justices Bayani Jacinto and Kevin Narce Vivero. Fourth Division Chairperson Alex Quiroz and First Division Chairperson Efren Dela Cruz offered dissenting opinions.