Sandiganbayan affirms conviction of ex-Zamboanga del Sur mayor
Published Aug 22, 2018 12:21 pm
By Czarina Nicole Ong
The Sandiganbayan Sixth Division has affirmed the conviction of former Kumalarang Mayor Allan P. Damas of Zamboanga del Sur of his graft charge due to the appointment of his relative for the municipal treasurer position in July 2006.
(MANILA BULLETIN)
Damas filed a motion for reconsideration and argued that the prosecution failed to overcome the presumption of good faith as well as his relation to the municipal treasurer.
Damas was earlier convicted for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act because he recommended that Nellie Poliran Toledo, his relative within the fourth civil degree of consanguinity, to be the municipal treasurer and even certified that they are not related.
He signed and issued a certification dated July 14, 2006 that Toledo is not related to him. She was then appointed on January 30, 2007.
Damas has been sentenced to the indeterminate penalty of imprisonment of six years and one month as minimum and eight years as maximum, with perpetual disqualification from holding public office.
However, Damas said in his motion for reconsideration that the prosecution should have presented actual relatives and other descendants of Toledo since witness Corazon Cedeño's testimony is "full of lies and conflicts."
Cedeño claimed that Damas and Toledo are cousins and this is "public" knowledge, but Damas said there was no member of the "public" presented during the trial.
Unfortunately for Damas, the anti-graft court found no reason to warrant the reversal of its decision dated June 22.
"Witness Cedeño's testimony is corroborated by the various documents showing that the accused and Toledo have common ancestors," the court ruled. "In fine, the prosecution proved beyond reasonable doubt that the accused and Toledo are cousins."
The six-page resolution was penned by Chairperson Sarah Jane Fernandez and concurred by Associate Justices Karl Miranda and Michael Frederick Musngi.
(MANILA BULLETIN)
Damas filed a motion for reconsideration and argued that the prosecution failed to overcome the presumption of good faith as well as his relation to the municipal treasurer.
Damas was earlier convicted for violating Section 3(e) of R.A. 3019 or the Anti-Graft and Corrupt Practices Act because he recommended that Nellie Poliran Toledo, his relative within the fourth civil degree of consanguinity, to be the municipal treasurer and even certified that they are not related.
He signed and issued a certification dated July 14, 2006 that Toledo is not related to him. She was then appointed on January 30, 2007.
Damas has been sentenced to the indeterminate penalty of imprisonment of six years and one month as minimum and eight years as maximum, with perpetual disqualification from holding public office.
However, Damas said in his motion for reconsideration that the prosecution should have presented actual relatives and other descendants of Toledo since witness Corazon Cedeño's testimony is "full of lies and conflicts."
Cedeño claimed that Damas and Toledo are cousins and this is "public" knowledge, but Damas said there was no member of the "public" presented during the trial.
Unfortunately for Damas, the anti-graft court found no reason to warrant the reversal of its decision dated June 22.
"Witness Cedeño's testimony is corroborated by the various documents showing that the accused and Toledo have common ancestors," the court ruled. "In fine, the prosecution proved beyond reasonable doubt that the accused and Toledo are cousins."
The six-page resolution was penned by Chairperson Sarah Jane Fernandez and concurred by Associate Justices Karl Miranda and Michael Frederick Musngi.