Sandiganbayan denies request of ex-mayor of Rodriguez, Rizal
Published Sep 11, 2018 03:57 pm
By Czarina Nicole Ong
The Sandiganbayan Second Division has denied the motion for reconsideration filed by former Rodriguez, Rizal Mayor Pedro S. Cuerpo after he was found guilty of violating Article 213 of the Revised Penal Code.
(MANILA BULLETIN)
The anti-graft court found Cuerpo and municipal engineer Fernando Rono guilty beyond reasonable doubt and was sentenced to a minimum of one month and 11 days imprisonment to a maximum of six months, and was ordered to pay a fine of P1,000.
Cuerpo and Rono were earlier convicted for taking advantage of their positions and confederating with one another by refusing to execute the order made by Judge Elizabeth Balquin-Reyes of the San Mateo, Rizal Regional Trial Court.
The order was for them to process the applications for building permits filed by private complainants Leticia Nanay, Nancy Barsubia, Ma. Victoria Ramirez, Crisanta Oxina and their co-owners of a parcel of land.
Cuerpo filed a motion to credit period of detention to service of sentence on March 27, but the court denied it. He then filed a motion for reconsideration on April 16 with urgent motion for immediate release on May 7. In his motions, the former mayor invoked his "deteriorating health condition."
Unfortunately for him, the Sandiganbayan found his motion for reconsideration "devoid of merit." The court retraced its decisions regarding Cuerpo's arrest and hospital stay in order to prove its point.
Two days before judgment was rendered on July 14, 2014, he filed an urgent motion to temporarily suspend execution of judgment for at least one year because of his health condition. In response, the court held off judgment for six months.
After the six months has lapsed, Cuerpo once again filed another motion to suspend execution of judgment for one year. This time, the court denied it. His motions for reconsideration were likewise denied.
On April 27, 2017, a warrant of arrest was issued against Cuerpo. It was on November 3 at 3 p.m. when the court received a return of warrant of arrest from the National Bureau of Investigation (NBI), stating that Cuerpo was arrested at his residence in Rodriguez, Rizal.
But because he was feeling weak, he was brought instead to the Philippine Heart Center instead of the NBI Detention Center.
That same day, Cuerpo filed an extremely urgent motion for hospital detention or arrest, praying that he "be temporarily detained at the Philippine Heart Center where he is presently confined while serving his sentence."
In response, the court ruled on December 13 to suspend the execution of judgment while Cuerpo is confined at the Philippine Heart Center for treatment.
"It is daylight clear that the court never ordered the detention or service of sentence of accused Cuerpo at the PHC," the resolution read. "Instead, the court once again suspended the execution of judgment and liberally allowed accused Cuerpo's stay for confinement at PHC so that he can undergo the treatment he allegedly needed."
The court added that it found no compelling reason to reconsider its resolution on April 16, 2018. It has directed the director of the PHC to submit a report on the medical condition of Cuerpo. In the meantime, the suspension of judgment declared in the court's resolution on December 13, 2017 stays.
(MANILA BULLETIN)
The anti-graft court found Cuerpo and municipal engineer Fernando Rono guilty beyond reasonable doubt and was sentenced to a minimum of one month and 11 days imprisonment to a maximum of six months, and was ordered to pay a fine of P1,000.
Cuerpo and Rono were earlier convicted for taking advantage of their positions and confederating with one another by refusing to execute the order made by Judge Elizabeth Balquin-Reyes of the San Mateo, Rizal Regional Trial Court.
The order was for them to process the applications for building permits filed by private complainants Leticia Nanay, Nancy Barsubia, Ma. Victoria Ramirez, Crisanta Oxina and their co-owners of a parcel of land.
Cuerpo filed a motion to credit period of detention to service of sentence on March 27, but the court denied it. He then filed a motion for reconsideration on April 16 with urgent motion for immediate release on May 7. In his motions, the former mayor invoked his "deteriorating health condition."
Unfortunately for him, the Sandiganbayan found his motion for reconsideration "devoid of merit." The court retraced its decisions regarding Cuerpo's arrest and hospital stay in order to prove its point.
Two days before judgment was rendered on July 14, 2014, he filed an urgent motion to temporarily suspend execution of judgment for at least one year because of his health condition. In response, the court held off judgment for six months.
After the six months has lapsed, Cuerpo once again filed another motion to suspend execution of judgment for one year. This time, the court denied it. His motions for reconsideration were likewise denied.
On April 27, 2017, a warrant of arrest was issued against Cuerpo. It was on November 3 at 3 p.m. when the court received a return of warrant of arrest from the National Bureau of Investigation (NBI), stating that Cuerpo was arrested at his residence in Rodriguez, Rizal.
But because he was feeling weak, he was brought instead to the Philippine Heart Center instead of the NBI Detention Center.
That same day, Cuerpo filed an extremely urgent motion for hospital detention or arrest, praying that he "be temporarily detained at the Philippine Heart Center where he is presently confined while serving his sentence."
In response, the court ruled on December 13 to suspend the execution of judgment while Cuerpo is confined at the Philippine Heart Center for treatment.
"It is daylight clear that the court never ordered the detention or service of sentence of accused Cuerpo at the PHC," the resolution read. "Instead, the court once again suspended the execution of judgment and liberally allowed accused Cuerpo's stay for confinement at PHC so that he can undergo the treatment he allegedly needed."
The court added that it found no compelling reason to reconsider its resolution on April 16, 2018. It has directed the director of the PHC to submit a report on the medical condition of Cuerpo. In the meantime, the suspension of judgment declared in the court's resolution on December 13, 2017 stays.