Friday, March 27, 2009 [ manilatimes.net ]
THE Sandiganbayan First Division on Thursday found guilty beyond reasonable doubt for the crime of graft the former municipal mayor of Imus, Cavite.
In a 38-page decision of the Anti-Graft court, written by Associate Justice Alexander Gesmundo, ex-Mayor Oscar Jaro was convicted and sentenced to six to 10 years imprisonment in connection with the anomalous purchase of a 2.36-hectare property in 2000 supposedly for a garbage dumpsite or a municipal slaughterhouse.
The Sandiganbayan opined that Jaro “acted in evident bad faith” when he authorized disbursement of P8.98 million in payment for the land without a resolution of approval from the Sangguniang Bayan.
On the other hand, other defendants including former municipal accountant Roselie Pangilinan and previous property owners Antonio and Lucy Venadas were acquitted for lack of evidence as the ruling noted the failure of the prosecution to establish that they acted in conspiracy with Jaro.
Besides Gesmundo, other justices who concurred in the ruling are Associate Justices Norberto Geraldez and Rodolfo Ponferrada.
“By paying for subject property using municipal funds without proper documentation and without any authority given by the Sangguniang Bayan, Jaro arrogated the power of the municipal council to establish a dumpsite,” the ruling says.
The court pointed out that under the Local Government Code, it is the Sangguniang Bayan, which is tasked by law to provide for an “efficient and effective system of garbage collection and disposal.”
The town council actually twice voted down Jaro’s attempt to use the property as dumpsite on the ground of unsuitability.
It stressed that the defendant’s criminal liability was not extinguished even when the check issued as payment to the property owners identified the land as a site for a proposed slaughterhouse.
“It is to be noted, however, that there was a correction made on this check using a correction tape . . . and the word ‘slaughterhouse’ was typed over this area. It would appear that the correction tape covered the words ‘dumpsite of,’” the Sandiganbayan said.--Jomar Canlas
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