The Sandiganbayan has convicted former Mayor Arnold B. Abalos of San Sebastian town in Samar for violation of the Anti-Graft and Corrupt Practices Act under Republic Act No. 3019.
In a decision written by fourth division Chairperson Alex L. Quiroz, Abalos was sentenced to a prison term ranging from six to eight years with perpetual disqualification to hold public office.
The anti-graft court found the former mayor guilty of violating Section 3 (f) of RA 3019 for refusing to act on the motion for reconsideration filed on March 26, 2012 by Municipal Planning and Development Coordinator (MPDC) Robert O. Rebosura.
Section 7 (f) of RA 3019 is violated by a public official for “neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested party.”
Case records showed that Abalos designated Alma Llanita as the new MPDC. Rebosura said that his motion for reconsideration was neither acted upon by Abalos nor his protest lodged before the Municipal Grievance Committee.
In his defense, Abalos said that he called for a staff meeting to tackle Rebosura's motion. However, it was not resolved because Rebosura failed to attend, he said.
But the anti-graft court said in its decision that the staff meeting called by Abalos is insufficient because "it is difficult to consider the staff meeting as an appropriate and sufficient action on Rebosura's motion, in light of relevant laws and rules applicable to the issue of Rebosura's removal from his position."
The court said that Abalos should have initiated an investigation and adjudicated the matter in accordance with the Local Government Code of 1991.
Because of Abalos' "indifference" to resolve Rebosura's motion, the court said it cannot help but "infer discriminatory motive or purpose from accused's neglect or refusal to act."
The court did not reach a unanimous decision in convicting Abalos. While Associate Justices Lorifel L. Pahimna and Maria Theresa V. Mendoza-Arcega concurred with Quiroz's decision, Associate Justices Bayani H. Jacinto and Maryann E. Corpus-Mañalac dissented.