The Sandiganbayan has denied the plea for house or homecare detention of a former Commission on Audit (COA) auditor who was convicted of graft for his involvement in the anomalous P7.9 million medicine procurement in 2010.

Denied was the motion filed by then COA regional state auditor Genelito P. Balila who was found guilty with former Maripipi, Biliran mayor Noel M. Albelda and 11 others and sentenced to six to 10 years imprisonment with perpetual disqualification from holding public office.

In his motion, Balila told the anti-graft court that he is already 70 years old with health conditions like total blindness due to Absolute Glaucoma in both eyes, Diabetes Mellitus Type 2, and Benign Prostatic Hyperplasia.

He also said he is not a flight risk and his medical condition will make it impossible for him to survive any detention facility as he needs constant care and on-the-dot service for all medical necessity.

The anti-graft court said in denying the motion: "While the court commiserates with the accused's condition, it has no discretion to allow accused Balila to serve his sentence under 'home care' or 'house arrest.' To grant the same would be tantamount to an amendment of sentence, and the court cannot arrogate unto itself the power to modify the nature of a final and executory judgment," the court said.

It also said that Balila must thus serve his sentence in accordance with Article 86 of the Revised Penal Code that requires his confinement in a penal institution.

The court noted that the Bureau of Corrections (BuCor) has the obligation and capability to determine Balila's state of health and provide attention to his medical needs.

"Nevertheless, the court shall include in its Commitment Order a directive to the Bureau of Corrections to attend to Balila's medical condition," it added.

The four-page resolution was written by Third Division Chairperson and Associate Justice Karl B. Miranda with the concurrence of Associate Justices Ronald B. Moreno and Edgardo M. Caldona.