Former Mayor Candida E. Gabornes of Lawaan town in Eastern Samar allowed the use of her personal vehicle by officials and employees in the performance of their functions because the municipality had no funds to buy its own service vehicle.

Due to constant use, the vehicle incurred wear and tear. The municipality had to replace the tires and some spare parts of Garbornes’ vehicle. The tires and the spare parts cost the town more than P41,000 in 2012.

Graft charges and malversation of public funds through falsification were filed against Garbornes, Municipal Accountant Pedro B. Gabornes and Municipal Treasurer Ruben R. Baet before the Sandiganbayan.

In its decision issued last June 5, the Sandiganbayan acquitted former Mayor Garbones and the two other municipal officials.

The anti-graft ruled that the prosecution failed to prove all of the elements of the crime charged. In fact, the court said there was no proof at all showing that the municipality suffered from any undue injury.

"The Court is not prepared to conclude that the accused acted with manifest partiality, evident bad faith, or gross negligence,” it said.

“Accused Mayor Gabornes appears to be generous in offering her private vehicle to be used by different officials and personnel in the municipality due to lack of funds of the municipality to purchase its own service vehicle," it stressed.

Naturally, the court said that the vehicle will incur wear and tear. Gabornes, for her part, requested for reimbursement just once for the tires and once for the spare parts.

"Nothing unconscionable was reimbursed as expenses. There was nothing fraudulent or dishonest in that act of Mayor Gabornes in requesting for reimbursement. She made it clear that she was requesting for reimbursement and that is not indicative of perverse motive," it said.

At the same time, the anti-graft court noted that Mayor Gabornes even shouldered the gasoline expenses, which were not made part of the reimbursements.

The decision was written by the court’s Second Division Chairperson Oscar C. Herrera Jr. with the concurrence of Associate Justice Michael Frederick L. Musngi and Bayani H. Jacinto.