The Sandiganbayan has recalled its conviction of Limay, Bataan Mayor Nelson C. David who passed away four days before he was declared guilty of violation of the Anti-Graft and Corrupt Practices Act.

Last Dec. 2, the anti-graft court promulgated its decision convicting David who died four days earlier last Nov. 28.  The court was not officially informed of David's death at the time of the promulgation of the decision.

In a motion dated Dec. 16, 2024, David's counsel submitted his certificate of death and sought the extinguishment of any criminal liability based on Article 89 of the Revised Penal Code (RPC).

The motion was granted by the Sandiganbayan in a resolution issued last Feb. 27.

The graft charge against David stemmed from the ovepriced purchased of an agricultural land owned by his sons who were with the municipality's appraisal committee.

The court found that the land was appraised at P10,180,380 by referencing the valuation set for residential land and not as agricultural land as indicated in its 2002 tax declaration. As a result, the municipality purchased the land at its overvalued appraisal.

In the resolution that granted the extinguishment of David's conviction, the Sandiganbayan denied the motion for reconsideration filed by municipal assessor Jocelyn Linao who was also convicted of graft.

The court said: "Linao did not properly perform her duty as she was motivated to give the sons of David unwarranted benefits and advantage. Linao used different classifications in appraising the same property."

The four-page resolution was written by Associate Justice Karl B. Miranda with the concurrence of Chairperson Associate Justice Sarah Jane T. Fernandez and Associate Justice Kevin Narce B. Vivero.