THE Sandiganbayan Fourth Division has ordered the enforcement of the prison sentence against former Masantol, Pampanga mayor Corazo Lacap despite her claim of health issues that require regular medical care.
Lacap’s request for house or hospital arrest was thrown out by the anti-graft court in a resolution issued on April 23, 2025, declaring the accused raised no compelling reason to allow her confinement in any place other than a regular prison.
The former mayor was convicted of violating Section 3 (f) of the Anti-Graft and Corrupt Practices Act (RA 3019) for unlawful refusal to approve a business permit to an applicant trader against whom she was holding a grudge.
Trial records showed the defendant acted in a vindictive manner because the complainant previously filed criminal and administrative complaints against her and her husband before local courts due to an earlier disagreement.
Lacap was convicted by the Sandiganbayan in 2011 and her conviction was affirmed by the Supreme Court in 2017.
In her Omnibus Motion dated March 7, 2024, the accused invoked humanitarian considerations and cited the Supreme Court ruling in the case of Enrile vs. Sandiganbayan, saying she has an eye condition that requires surgery and regular monitoring. She likewise submitted medical certificates showing she has other health problems, including diabetes and hypertension.
Prosecutors objected on the ground that former Sen. Enrile was extended consideration because his case was still unresolved, while Lacap had already been convicted with a final and executory decision.
The Sandiganbayan sustained the prosecution.
“At this juncture, it is beyond dispute that the judgment against accused Lacap has attained finality and is now executory. There remains no legal impediment to immediate service of her sentence,” the court pointed out.
It said the defense’s reliance on the Enrile case was misplaced.
Regardless of the defendant’s medical condition, the court held that the conviction of the former mayor is now beyond review.
“After due consideration, the Court finds no compelling justification to warrant her confinement in a hospital facility. The medical issues raised, including the alleged need for eye surgery, may be sufficiently managed within the medical facilities and personnel available in the national detention system,” the Sandiganbayan said.
It added that to permit hospital confinement for the accused “would create an undue and unjustified exception” akin to special treatment.
