By Czarina Nicole O. Ong
The graft conviction of the late Mayor Jesus Salceda Sr. of Polangui, Albay is being appealed by his lawyers before the Sandiganbayan First Division.
It was on Dec. 7, 2017 that the court promulgated in open court that Salceda and municipal accountant Ma. Jimalyn Sabater are guilty beyond reasonable doubt of violating Section 3(e) and (g) of RA 3019, also known as the Anti-Graft and Corrupt Practices Act.
Both of them were sentenced to a minimum of six years and one month imprisonment to a maximum of 10 years over two graft charges in relation to the P5-million fertilizer fund scam back in 2004
They were also ordered by the court to pay the fine of P4,819,187.50.
Their case stemmed from the unwarranted benefits given to Madarca Trading when the municipality purchased 1,315 liters of Young Magic Foliar fertilizer worth P5 million through direct contracting from April to December 2004.
Prosecutors revealed that the fertilizers were purchased for P3,800 per liter, which is significantly higher than the current market price then at only P125 per liter.
In their motion for reconsideration, Salceda’s and Sabater’s lawyers are hoping that the court would change its mind about the conviction, given the fact that the evidence on record were contrary to their findings.
At the same time, Salceda had already passed away at the Cardinal Santos Medical Center in San Juan City on Nov. 19, 2017, therefore extinguishing any criminal or civil liability on his part, pursuant to Section 4, Rule 111 of the Revised Rules on Criminal Procedure.