The Sandiganbayan has affirmed its decision that directed a private individual to pay the government more than P8 million in civil indemnity despite his acquittal on graft charges last November.
Ordered to pay the indemnity was Cenon M. Mayor of the Kaloocan Assistance Council, Inc. (KACI), a non-government organization.
Mayor and former Caloocan City 2nd District Rep. Mary Mitzi Lim Cajayon Uy were acquitted of graft charges in connection with the alleged misuse of the former legislator’s priority development assistance fund (PDAF).
In 2009, Mayor's KACI was chosen as a project partner in the implementation of Cajayon Uy's Comprehensive Integrated Delivery of Social Services (CIDSS) programs and projects despite alleged irregularities.
In a decision promulgated on Nov. 12, 2021, the Sandiganbayan’s second division acquitted both Mayor and Cajayon Uy of the charges. Only Mayor was ordered to pay civil indemnity to the government.
Mayor filed a motion for partial reconsideration of the decision. He pleaded the anti-graft court to give him sufficient time to pay the P1.03 million indemnity.
On the P7 million indemnity, Mayor asked the court to reconsider the order as he pointed out that the KACI has a separate legal personality from him and that any obligation incurred by the organization as a result of the acts of the directors and officers are not their personal liability but the direct responsibility of the association they represent.
In a resolution issued last Feb. 3, the Sandiganbayan denied Mayor’s motion.
"A careful reading of Mayor's motion shows that it did not present any new arguments which would warrant a reconsideration of the Court's Decision dated Nov. 12, 2021. Nevertheless, after thoughtful consideration thereof, as well as the records of these cases, the Court still does not find any cogent reason to overturn its earlier pronouncement," the court’s resolution stated.
The resolution was written by Associate Justice Michael Frederick L. Musngi with the concurrence of Associate Justices Oscar C. Herrera Jr. and Bayani H. Jacinto.