The Sandiganbayan has acquitted former Mayor Norbideiri B. Edding of Sibuco, Zamboanga del Norte and several town officials of their graft cases in the alleged irregular signing of checks in 2010.
Also cleared of the charges were Norbryan Edding, Malik Tutuan, Nasser Mahamod, Absar Caril, Jaapal Dodong, Abbas Samson, and Misal Hawari. They were town councilors in 2010.
On Sept. 13, 2010, the accused councilors reportedly convinced Mayor Edding to sign a check amounting to P134,900 intended for salaries of casual employees of the Sangguniang Bayan and approve its disbursement voucher.
The then mayor was also allegedly persuaded to "sign all checks issued for the expenditures appropriated for the operation and obligations of the Sangguniang Bayan of Sibuco and the Vice Mayor's Office and to approve vouchers in the Vice Mayor's Office."
Section 3(a) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, prohibits any public officer from "persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated by competent authority, or allowing himself to be persuaded, induced or influenced to commit such violation or offense."
The anti-graft court said when a mayor acts in accordance with the legislation passed by the Sanggunian, he cannot be considered to have been "induced, influenced, or persuaded" to perform such an act.
In the same vein, the court said, accused councilors cannot be considered to have "persuaded" Mayor Edding. As far as Mayor Edding was concerned, his act of signing vouchers and checks was pursuant to the authority given him to transact with Landbank on behalf of the local government, it said.
The court stressed: "He was not persuaded to sign the checks. In fact, he was officially authorized to do so."
Associate Justice Zaldy V. Trespeses wrote the 82-page decision with the concurrence of seventh division Chairperson Ma. Theresa Dolores C. Gomez-Estoesta and Associate Justice Georgina D. Hidalgo.