The Sandiganbayan has affirmed its decision that convicted former Mayor Charita Montaño Chan of Babatngon town in Leyte for the irregular issuance of a permit for cockfighting operation in 2008.
Affirmed was the Sept. 30, 2022 decision handed down by the court’s third division that sentenced Chan to six to 10 years of imprisonment with perpetual disqualification to hold public office.
The decision found that Chan no longer had authority from the Sangguniang Bayan of Babatngon since Resolution No. 2253-07, which authorized her to issue the permit, was repealed by the town’s legislative body on Sept. 3, 2008 via Resolution No. 2412-08.
Chan filed a motion to reconsider the decision. She said that the Sandiganbayan’s fifth division had acquitted her of graft for the issuance of a mayor’s permit to Nicomedes C. Alde for the operation of the cockpit Babatngon Gallera.
She pointed out that her case with the court’s third division also involved the mayor’s permit issued to Alde.
In denying her motion for reconsideration, the Sandiganbayan’s third division said that Chan’s case before the fifth division of the court was not for the same offense.
"The two informations (criminal charge sheets) are based on two different factual antecedents which took place at two different times and pertaining to two different Mayor's Permits," the court explained.
"All told, the Court finds no cogent or compelling reason to warrant a reconsideration of its decision," it stressed.
Associate Justice Ronald B. Moreno wrote the 16-page resolution with the concurrence of Presiding Justice Amparo M. Cabotaje-Tang and Associate Justice Bernelito R. Fernandez.
TAGS: #Sandiganbayan #Ex-Mayor Chan