Ilocos Sur Mayor acquitted of graft charges
Published Jul 28, 2018 01:36 pm
By Czarina Nicole Ong
Lidlidda Mayor Jesus Sagay of Ilocos Sur has been found not guilty by the Sandiganbayan First Division of his two graft charges due to the failure of the prosecution to properly establish the elements of the crime.
(MANILA BULLETIN)
He was earlier charged with violations of Section 3(e) and 3(h) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, for allowing his sister to develop a farm in her lot even though it was in clear violation of a resolution issued by the city council.
Sagay reportedly allowed his sisters, Hilda Sagay and Merlita Sagay, to develop the farm in Sitio Baracbac, San Vicente, Lidlidda "notwithstanding the fact that said lot is not one of the previously identified demonstration farm and absent any authority from the Sangguniang Bayan of Lidlidda," the charge sheet read.
At the same time, the development violated a resolution earlier issued by the Sangguniang Bayan, which terminated and ceased the development of the said lot, the permit for the use of the municipality's grader to flatten the area, and the municipal kamaneros to work on it.
Because of his action, Sagay was accused of giving unwarranted benefit to his sister and caused undue injury to the local government unit. He was also accused of having indirect and pecuniary interest in the said development.
However, the Sandiganbayan ruled that the prosecution failed to show that Sagay acted in evident bad faith, manifest partiality or gross inexcusable negligence. They also fell short in proving that Sagay gave unwarranted benefits and preference to his sister and caused undue injury to the municipality.
"It was not established that municipal funds were used on the Baracbac lot. The photos presented by the prosecution witness did not show that kamaneros of the municipality were working on it. And while the municipal grader can be seen on Baracbac, its presence there was sufficiently explained by the ongoing road projects in the same area at the time," the decision read.
At the same time, the anti-graft court stated that there is nothing on record to show that Sagay stands to benefit or suffer a loss financially, either directly or indirectly, by the use or development of the property of his sister's land as demo farm for pigeon pea plantation.
The 33-page decision was penned by Associate Justice Geraldine Faith Econg and concurred by Chairperson Eften De La Cruz and Associate Justice Edgardo Caldona.
(MANILA BULLETIN)
He was earlier charged with violations of Section 3(e) and 3(h) of R.A. 3019, also known as the Anti-Graft and Corrupt Practices Act, for allowing his sister to develop a farm in her lot even though it was in clear violation of a resolution issued by the city council.
Sagay reportedly allowed his sisters, Hilda Sagay and Merlita Sagay, to develop the farm in Sitio Baracbac, San Vicente, Lidlidda "notwithstanding the fact that said lot is not one of the previously identified demonstration farm and absent any authority from the Sangguniang Bayan of Lidlidda," the charge sheet read.
At the same time, the development violated a resolution earlier issued by the Sangguniang Bayan, which terminated and ceased the development of the said lot, the permit for the use of the municipality's grader to flatten the area, and the municipal kamaneros to work on it.
Because of his action, Sagay was accused of giving unwarranted benefit to his sister and caused undue injury to the local government unit. He was also accused of having indirect and pecuniary interest in the said development.
However, the Sandiganbayan ruled that the prosecution failed to show that Sagay acted in evident bad faith, manifest partiality or gross inexcusable negligence. They also fell short in proving that Sagay gave unwarranted benefits and preference to his sister and caused undue injury to the municipality.
"It was not established that municipal funds were used on the Baracbac lot. The photos presented by the prosecution witness did not show that kamaneros of the municipality were working on it. And while the municipal grader can be seen on Baracbac, its presence there was sufficiently explained by the ongoing road projects in the same area at the time," the decision read.
At the same time, the anti-graft court stated that there is nothing on record to show that Sagay stands to benefit or suffer a loss financially, either directly or indirectly, by the use or development of the property of his sister's land as demo farm for pigeon pea plantation.
The 33-page decision was penned by Associate Justice Geraldine Faith Econg and concurred by Chairperson Eften De La Cruz and Associate Justice Edgardo Caldona.