Manila Bulletin
Philippines
Sandiganbayan affirms conviction of Negros Oriental provincial administrator
Philippines
Sandiganbayan affirms conviction of Negros Oriental provincial administrator
Sandiganbayan affirms conviction of Negros Oriental provincial administrator
Published Jan 10, 2020 12:00 am
By Czarina Nicole Ong KiÂ
The Sandiganbayan Fifth Division has affirmed its decision convicting Negros Oriental Provincial Administrator Richard Rafal Enojo of graft and junked his motion for reconsideration.
Sandiganbayan (MANILA BULLETIN)
Enojo was found guilty beyond reasonable doubt of violating Section 3(a) of R.A. 3019, the Anti-Graft and Corrupt Practices Act, on October 18, 2019 for using the Philippine National Police (PNP) to summon private individuals and settle a land dispute.
He was sentenced to an indeterminate penalty of six years and one month imprisonment as minimum up to eight years as maximum, with perpetual disqualification from holding public office.
On October 31, Enojo filed a motion for reconsideration and argued that there were contradicting testimonies made by the prosecution witnesses which cast reasonable doubt on his guilt.
Enojo added that the supposed victim made a "categorical declaration" that no crime was committed against him, so this is enough to bring forth his acquittal. At the same time, Enojo said that the elements of inducement, persuasion, and influencing, which are essential elements of the crime charged, are "clearly wanting" in the case.
However, the anti-graft court dismissed his arguments for lack of merit. "The premise that Chief of Police Asonio did not inculpate the accused cannot be construed that he had ipso facto exonerated the accused," the court said.
As for Enojo's other arguments, the court said it was not compelling enough for it to deviate from its earlier decision.
The 13-page resolution was written by Chairperson Rafael Lagos with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann E. Corpus-Mañalac.
Enojo used the PNP - Dauin Police Station to summon Ralph Gavin Hughes, Melinda A. Regalado, and Atty. Ligaya Rubio Violeta to attend a conference with him regarding a land dispute on February 7, 2013.
According to the prosecution, persuading the PNP to summon these individuals is beyond its mandate under Section 24 of R.A. 6975, the Department of Interior and Local Government (DILG) Act of 1990.
Section 3(a) penalizes any public officer who "persuades, induces, or influences another public officer to perform an act constituting a violation of rules and regulation or an offense in connection with the official duties of the latter."
Sandiganbayan (MANILA BULLETIN)
Enojo was found guilty beyond reasonable doubt of violating Section 3(a) of R.A. 3019, the Anti-Graft and Corrupt Practices Act, on October 18, 2019 for using the Philippine National Police (PNP) to summon private individuals and settle a land dispute.
He was sentenced to an indeterminate penalty of six years and one month imprisonment as minimum up to eight years as maximum, with perpetual disqualification from holding public office.
On October 31, Enojo filed a motion for reconsideration and argued that there were contradicting testimonies made by the prosecution witnesses which cast reasonable doubt on his guilt.
Enojo added that the supposed victim made a "categorical declaration" that no crime was committed against him, so this is enough to bring forth his acquittal. At the same time, Enojo said that the elements of inducement, persuasion, and influencing, which are essential elements of the crime charged, are "clearly wanting" in the case.
However, the anti-graft court dismissed his arguments for lack of merit. "The premise that Chief of Police Asonio did not inculpate the accused cannot be construed that he had ipso facto exonerated the accused," the court said.
As for Enojo's other arguments, the court said it was not compelling enough for it to deviate from its earlier decision.
The 13-page resolution was written by Chairperson Rafael Lagos with the concurrence of Associate Justices Maria Theresa Mendoza-Arcega and Maryann E. Corpus-Mañalac.
Enojo used the PNP - Dauin Police Station to summon Ralph Gavin Hughes, Melinda A. Regalado, and Atty. Ligaya Rubio Violeta to attend a conference with him regarding a land dispute on February 7, 2013.
According to the prosecution, persuading the PNP to summon these individuals is beyond its mandate under Section 24 of R.A. 6975, the Department of Interior and Local Government (DILG) Act of 1990.
Section 3(a) penalizes any public officer who "persuades, induces, or influences another public officer to perform an act constituting a violation of rules and regulation or an offense in connection with the official duties of the latter."