The Sandiganbayan has affirmed the graft conviction of former Mayor Arnold B. Abalos of San Sebastian town in Samar.

In a resolution, the court denied Abalos’ motion to reconsider the July 18, 2022 decision which sentenced him to a prison term ranging from six to eight years with perpetual disqualification to hold public office.

"The Motion for Reconsideration should be denied when the same only constitutes a rehash of issues previously put forward. A careful reading of the accused's (Abalos) Motion shows that it did not present new arguments which would warrant a reconsideration of the Court's decision dated July 18," the court said.

The anti-graft court found the former mayor guilty of graft in violation of Section 3 (f) of the Anti-Graft and Corrupt Practices Act 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."

In his motion for reconsideration, Abalos told the court that the designation of a new MPDC did not mean that Rebosura was dismissed from service. He said that Rebosura continued to be employed by the local government and his functions as MPDC were "merely transferred" to another official.

The court turned down his motion with a ruling that Abalos presented nothing new that would convince it to overturn its earlier decision.

The resolution was written by Fourth Division Chairperson Michael Frederick L. Musngi with the concurrence of Associate Justices Lorifel L. Pahimna, Maria Theresa V. Mendoza-Arcega and Maryann E. Corpus-Mañalac. Associate Justice Bayani H. Jacinto maintained his dissent.

TAGS: #Sandiganbayan #Graft