The Sandiganbayan has convicted former Mayor Charita Montaño Chan of Babatngon town in Leyte of graft for the irregular issuance of a permit for cockfighting operation in 2008.
Chan was sentenced to an indeterminate penalty of six to 10 years imprisonment with perpetual disqualification from holding public office and loss of retirement or gratuity benefits under the law.
Her conviction for violation of Section 3(e) of Republic Act No. 3019, the Anti-Graft and Corrupt Practices Act, in relation to Section 4 of Presidential Decree No. 1802, the law that created the Gamefowl Commission, and Section 6(h) of Ordinance No. 191 of Babatngon town, Cockfighting Code of Babatngon, stemmed from the issuance of Mayor’s Permit No. 03-30-2009 to Nicomedes C. Alde on Aug. 28, 2008.
The prosecution said Chan no longer had authority from the Sangguniang Bayan of Babatngon to do so, since Resolution No. 2253-07, which authorized her to issue the permit, was repealed by the town’s legislative body on Sept. 3, 2008 via Resolution No. 2412-08.
It said the repeal was enacted because Alde failed to comply with the requirements provided for under Municipal Ordinance No. 191.
Since the permit was issued without the concurrent authority of the Sangguniang Bayan as required both under Presidential Decree No. 1802 and Ordinance No. 191, the prosecution said Chan had given unwarranted benefits and advantage or preference to Alde.
In its 31-page decision, the Sandiganbayan agreed with the prosecution. While Chan, as mayor, was indeed empowered to issue a business permit, the authority to issue a permit to operate a cockpit is still subject to the approval of the Sangguniang Bayan.
"Indeed, the approval by the Sangguniang Bayan is not an empty ceremony that can be easily dispensed with by accused Chan," the court said.
In her defense, Chan told the court that she issued the mayor's permit solely for taxation purposes. She hinged her defense on good faith, saying that she had no personal knowledge on the circumstances leading to the case.
But the court set aside Chan’s arguments. "In the course of trial, accused Chan made conflicting testimonies regarding the purpose of the issuance of the subject mayor's business permit," the court said.
"Based on the foregoing, it is clear that accused Chan unjustifiably favored Alde. Accused Chan's manifest partiality is apparent when she granted the subject mayor's business permit to Alde even without the required authority from the Sangguniang Bayan," it stressed.
The decision which was promulgated last Sept. 30 was written by Associate Justice Ronald B. Moreno with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.
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