The Sandiganbayan has convicted of graft former Hilongos, Leyte vice mayor Panfilo O. Go and six other former town officials for their refusal to recognize the appointment of a member of the Sangguniang Bayan (SB) in 1999.
Also convicted were former SB members Lamberto Rainier L. Flanco, Manuel M. Gabisan, Epifania Q. Nerves, Lilia M. Sabando, Edwin F. Faller, and Rogelio V. Yan.
They were sentenced to a jail term ranging from six to 10 years imprisonment with perpetual disqualification from holding public office. The anti-graft court also ordered that their retirement or gratuity benefits be revoked.
Their co-accused, former mayor Altagracia R. Villaflor, was acquitted of the graft charge.
In filing the graft charge, the prosecution said that on June 15, 1999, the accused officials refused to recognize the appointment of Trinidad C. Cabardo as SB member. Cabardo’s appointment was issued by former Leyte governor Remedios L. Petilla.
During trial, the accused told the court that they did not act with manifest partiality, evident bad faith, or gross negligence when they refused to recognize the appointment of Cabardo and ordered the withholding of her salary.
They insisted during the trial that they had a well-founded belief that her appointment was flawed and not in accordance with the law.
But the Sandiganbayan said: "Accused's actions, taken together, show that their refusal is hinged heavily on Ms. Cabardo's previous political affiliation.”
"In fact, accused Faller admitted that he believes that Ms. Cabardo is not qualified for the position simply because she is a former Liberal Party member and thus cannot be a member in good standing of the Lakas Party," the court said.
It added that no other evidence was presented to show valid or justifiable grounds for their refusal to recognize Cabardo's appointment.
Associate Justice Kevin Narce B. Vivero wrote the 34-page decision with the concurrence of Sixth Division Chairperson Sarah Jane T. Fernandez and Associate Justice Karl B. Miranda.
TAGS: #Sandiganbayan #Hilongos, Leyte