Former Vice Mayor Reynaldo S. San Pedro of San Jose del Monte City in Bulacan and Councilor Nolly D. Concepcion have been cleared of their usurpation charges by the Sandiganbayan.
From September to October in 2009, San Pedro discharged the duties and functions of city mayor because of the mayoralty dispute between Angelito Sarmiento and Eduardo Roquero in the 2007 election. During the same period, Concepcion acted as the city’s vice-mayor.
On March 9, 2009, the Commission on Elections (Comelec) declared Sarmiento as the winner. Roquero filed a motion for reconsideration but he passed away on Aug. 24, 2009.
Then the Comelec dismissed Roquero’s motion. Sarmiento was officially declared city mayor.
At the time San Pedro was discharging the functions of city mayor, he ordered a stop to the retrieval of government vehicles.
The prosecution alleged that San Pedro issued a "Motorized Tricycle Operator's Permit" and "Confirmation" in which he denominated himself as mayor although it was Sarmiento who was duly elected into the position.
In its ruling, the anti-graft court said it was only normal for San Pedro and Concepcion to step into their respective positions as mayor and vice mayor through succession after Roquero passed away.
"Here, the acts performed by the herein accused pertaining to the Mayor and Vice Mayor, respectively, cannot be considered as acts done under pretense of official positions since they legitimately held their positions as such when they were appointed pursuant to the rules of succession," the court said.
It noted that San Pedro and Concepcion held on to their positions in good faith.
"All these facts as established from the evidence create reasonable doubt in the mind of the Court that accused San Pedro and Concepcion have intent to perpetrate the offense charged," the court ruled.
The decision was written by Associate Justice Georgina D. Hidalgo and concurred in by Associate Justices Ma. Theresa Dolores C. Gomez Estoesta and Zaldy V. Trespeses.