The Sandiganbayan Sixth Division has found Puerto Princesa Tourism Department Head Aileen Cynthia Maggay Amurao and Operations Assistant Michael Angelo Lucero Aquino Jr. guilty beyond reasonable doubt for soliciting money and other favors from private individuals and entities for tourism activities in Puerto Princesa from February to April 2014.
Amurao and Aquino were sentenced to suffer the penalty of imprisonment of two years and one day and pay a fine of P5,000 each for violating Section 7(d) of R.A. 6713 or the Code of Conduct and Ethical Stands for Public Officials. They are also perpetually disqualified from holding public office.
Meanwhile, their co-accused, Operations Assistant Joyce Cabanag Enriquez and Officer I Michie Hitosis Meneses were found not guilty of the same charge.
The four of them were initially accused of soliciting gifts, gratuity, favors, and the like from tourism-oriented private entities or individuals by sending letters for sponsorship and asking for anything of monetary value that can be used for Puerto Princesa's tourism-related projects.
In its ruling, the anti-graft court said that the "No Gift Policy" is enshrined in R.A. 6713. Amurao tried to dodge responsibility from the breach of conduct charge by distancing herself from Aquino. She said that he directly reports to the city mayor.
She also distanced herself from Meneses, whom she designated as Officer-in-Charge of the Promotions and Marketing Division of the City Tourism Office.
Amurao denied that the "solicitation" or "sponsorship" was her brainchild since she was not the one who prepared the letters. However, the anti-graft court said that denial and buck-passing is an "asinine excuse." In this case, a number of credible witnesses testified that they received letters and e-mails signed by Amurao, asking to be the sponsors of several events.
While the court said that her initiative to catalyze tourism development is laudable, the means, method and manner she adopted does not sit well.
Meanwhile, there was no sufficient and weighty evidence against Enriquez and Meneses. "The constitutional presumption of innocence has not been overthrown by the strength of the prosecution's evidence proving guilt beyond reasonable doubt," the decision read.
The 65-page decision dated November 20 was written by Associate Justice Kevin Narce Vivero with the concurrence of Chairperson Sarah Jane Fernandez and Associate Justice Karl Miranda.