The Sandiganbayan has rejected anew the plea of five former officials of Sipalay City in Negros Occidental that they be penalized for a lesser offense than violation of the anti-graft law.
Denied was the plea of former city Treasurer Renato Pido Manilla, Budget Officer Fernando Rivera Balbin, Engineer Porferio Calderon Jr., General Services Officer Elizer Rivera Balbin, and Executive Assistant Alfredo Gulmatico Lim who have been charged with violation of Section 3(e) of Republic Act 3019 or the Anti-Graft and Corrupt Practices Act.
They would have wanted to enter a guilty plea for violation of Section 7(a) of RA 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees.
An accused found guilty of graft would be slapped with a six to 10 years imprisonment, while a guilty verdict for breach of conduct carries the penalty of imprisonment not exceeding five years or a fine not exceeding P5,000, depending on the discretion of the court.
The prosecution blocked their motion in their first pleading to enter into plea bargaining as it pointed out that the lesser offense should be violation of Paragraph 1 Article 213 of the Revised Penal Code, or Frauds Against the Public Treasury.
With the opposition, the Sandiganbayan denied the plea of the accused.
The court said that the points they raised in their motion for reconsideration “have already been deliberated and passed upon by this Court, and we see no reason to overturn our previous ruling on the matter."
The resolution was written by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.
The graft case of the five former city officials arose from the renewal of the contract of lease for the rehabilitation and graveling of dike and various farm-to-market roads with D.K. Jocson Construction on Feb. 29, 2008 despite alleged irregularities.