The Sandiganbayan has affirmed its decision that convicted former Mayor Lucio Barcela Uera of Pantabangan, Nueva Ecija of graft and malversation in connection with his 2006 trip to Australia without a valid travel authority.
It denied Uera’s motion to reconsider the ruling as it affirmed his jail term of six to eight year for graft and two to seven years for malversation.
Also affirmed was the former mayor’s P60,000 penalty and his perpetual disqualification to hold public office.
Among other defenses, Uera reiterated in his motion that his constitutional right to speedy disposition of his case was grossly violation when the Office of the Ombudsman took seven years and three months to conduct the formal inquiry.
But the Sandiganbayan said “the Court has long ruled on accused's claim of violation of his right to speedy disposition; hence, the issue is moot at this point.”
"The documentary evidence presented by the accused could not be given probative weight as the provincial governor is not the proper approving authority for foreign travel of local officials... and the original or certified true copy of the travel authority alleged to have been issued by the provincial governor was not even produced by the accused," the court said.
On April 4, 2006, Uera got a cash advance of P60,000 for his trip to Australia to watch an animal show despite the absence of a travel authority.
The anti-graft court said Uera should have secured approval from the Office of the President for his travel, and then seek out the Department of the Interior and Local Government (DILG) Secretary for the issuance of the travel order.
The resolution that denied Uera’s motion was written by Associate Justice Ma. Theresa Dolores C. Gomez-Estoesta with the concurrence of Associate Justices Zaldy V. Trespeses and Georgina D. Hidalgo.