A market supervisor of the Cagayan de Oro City local government is facing six to twelve years in prison after losing his chance to appeal his conviction due to inaction.
The Sandiganbayan second division dismissed the appeal of accused Montano Sabanal IV to the February 2, 2022 decision of the Misamis Oriental Regional Trial Court Branch 38 after he failed to comply with the anti-graft court’s order dated March 25, 2025 to file his brief.
“To date, accused-appellant Sabanal has failed to file his brief. Failure to file an appellant’s brief within the prescribed period is a ground for the dismissal of the appeal,” the court said in its resolution issued on August 12, 2025.
Records showed Sabanal was charged with violation of the Anti-Graft and Corrupt Practices Act for allegedly collecting and receiving gate pass fees from Super Five Transport Inc. from July to October 2011 which he did not remit.
Prosecutors said the unaccounted collections amounted to P111,700.
Sabanal’s co-accused, an administrative aide, was acquitted but he was found guilty and meted perpetual disqualification from public office and forfeiture of the unremitted gate pass collection on top of the prison sentence.
He challenged his conviction before the Court of Appeals which, however, threw it out for lack of jurisdiction.
The Misamis Oriental RTC however ordered the defendant’s appeal transferred to the Sandiganbayan.
The Sandiganbayan noted that although there was no return card for the notice served on Sabanal, the one sent to his counsel indicated that legitimate service was made on April 30, 2025.
Under Sandiganbayan rules, the accused has 30 days upon receipt of the court notice to comply but neither Sabanal nor his lawyer filed his appellant’s brief.
Quoting the Supreme Court’s July 27, 2020 ruling in Tamboa vs. People, the Sandiganbayan pointed out that a party that seeks to avail of the right to appeal must also comply with the requirements of the rules, failing which the right to appeal is lost.
