Despite invoking the “effects” of the corona virus disease 2019 (COVID-19) on them, the plea of a former mayor and four other officials to plead guilty to a lesser offense in the graft case filed against them was denied by the Sandiganbayan.
Former Mayor Orville Fua of Lazi town in Siquijor and his co-accused told the Sandiganbayan that the COVID-19 pandemic made them realized that “nothing is more precious than living a quiet uncomplicated life."
They said they wished to put an end to the issues and stress involved in their graft case, as well as the expenses of a full-blown litigation, by allowing them to plead guilty to a lesser offense of violation of Section 108 of Presidential Decree No. 1445, the Government Auditing Code, instead of undergoing trial on charges of violation of Section 3 (e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act.
A public official or employee convicted of violation of Section 3 (e) of RA 3019 is punished with a prison term ranging from one year to 10 years, while a violation of Section 108 of PD 1445 is punished with a fine or a prison term of not exceeding six months or both.
Their plea bargaining motion was opposed by the prosecution which said that a penalty of a mere fine will trivialize the seriousness of the charge against the accused. It told the court that there is sufficient evidence to sustain a conviction of graft against them.
Aside from Fua, also charged were municipal treasurer and bids and awards committee (BAC) member Rose Marie Tomogsoc, BAC chairman Ivan Marchan, municipal engineer Natalio Jumawan Jr., and private secretary Sue Agnes Castillon.
They were accused in the irregular purchase of fertilizer worth P4.99 million in 2004.
Last Feb. 10, they filed a motion for plea bargaining – “a process of negotiation between the accused and the prosecution in a criminal case whereby the accused, in return for leniency of a lighter sentence, agrees to plead guilty to a lesser offense.”
In a resolution written by Presiding Justice Amparo M. Cabotaje Tang, the Sandiganbayan denied Fua and his group’s request since the prosecution did not agree with the plea bargaining motion.
"It is clear that the prosecutor's consent is a condition precedent to a valid plea of guilt to a lesser offense. Without such consent, a plea bargain offer from the accused will not prosper," the court said.
Also, the court noted that the lesser offense to which the accused wished to plead guilty to is not even included in the actual offense charged.
"The Information does not allege that any of the accused-movants had any pecuniary interest in the contract or transaction of the agency, subject matter of this case, in which they were officers," it said.
Associate Justices Bernelito R. Fernandez and Ronald B. Moreno concurred in the resolution.