Ex-Bohol Mayor appeals conviction
Published May 21, 2019 05:14 pm
By Czarina Nicole Ong-Ki
Former Panglao, Bohol Mayor Benedicto Alcala is asking the Sandiganbayan to change its decision convicting him of graft due to the anomalous procurement of a motor vehicle worth P1.46 million back in 2005.
Sandiganbayan (MANILA BULLETIN)
He filed a motion for reconsideration on May 7, telling the anti-graft court that he "vehemently disagrees" with the ruling because the prosecution's evidence all rested on hearsay.
Alcala was convicted for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act because he gave "unwarranted benefit, advantage or preference to Gateway Motors (Cebu) Inc. by causing the procurement of a motor vehicle with specified brand name of Kia Sorento through direct contracting, without just and lawful basis."
Further, the procurement of the vehicle worth P1,466,964.28 was sourced from the 20 percent Development Fund of the Internal Revenue Allotment (IRA) and was not one of the allowable development project expenses.
However, Alcala stressed there is no way to prove that he gave unwarranted benefit to Gateway Motors through gross and inexcusable negligence. He added that his right to equal protection of the law has been violated, since the decision "unjustly selected him...to bear the liability of the procurement of Kia Sorrento, to the exclusion of all other public officers."
At the same time, Alcala argued that the element of giving unwarranted benefit through gross inexcusable negligence has not been fully established by the prosecution.
"Clear and convincing evidence must be the gauge to consider it as having attained the degree of proof of guilt of the accused beyond reasonable doubt with moral certainty," his motion for reconsideration read.
Because of his conviction, Alcala has been sentenced to suffer the penalty of imprisonment of six years and one month as minimum to eight years as maximum, with perpetual disqualification from holding public office.
Bids and awards committee (BAC) member Catalino Sumaylo was likewise convicted alongside him, while other members Rogelio Bonao, Rena Guivencan, and Dionisia Estopito were acquitted due to the failure of the prosecution to prove their guilt beyond reasonable doubt.
Sandiganbayan (MANILA BULLETIN)
He filed a motion for reconsideration on May 7, telling the anti-graft court that he "vehemently disagrees" with the ruling because the prosecution's evidence all rested on hearsay.
Alcala was convicted for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act because he gave "unwarranted benefit, advantage or preference to Gateway Motors (Cebu) Inc. by causing the procurement of a motor vehicle with specified brand name of Kia Sorento through direct contracting, without just and lawful basis."
Further, the procurement of the vehicle worth P1,466,964.28 was sourced from the 20 percent Development Fund of the Internal Revenue Allotment (IRA) and was not one of the allowable development project expenses.
However, Alcala stressed there is no way to prove that he gave unwarranted benefit to Gateway Motors through gross and inexcusable negligence. He added that his right to equal protection of the law has been violated, since the decision "unjustly selected him...to bear the liability of the procurement of Kia Sorrento, to the exclusion of all other public officers."
At the same time, Alcala argued that the element of giving unwarranted benefit through gross inexcusable negligence has not been fully established by the prosecution.
"Clear and convincing evidence must be the gauge to consider it as having attained the degree of proof of guilt of the accused beyond reasonable doubt with moral certainty," his motion for reconsideration read.
Because of his conviction, Alcala has been sentenced to suffer the penalty of imprisonment of six years and one month as minimum to eight years as maximum, with perpetual disqualification from holding public office.
Bids and awards committee (BAC) member Catalino Sumaylo was likewise convicted alongside him, while other members Rogelio Bonao, Rena Guivencan, and Dionisia Estopito were acquitted due to the failure of the prosecution to prove their guilt beyond reasonable doubt.